Kara Sears
US citizens and permanent residents can file for their parents to become permanent residents, but there are some important conditions to be aware of. Firstly, the citizen or permanent resident must be at least 21 years old to file for their parents. Secondly, permanent residents may only file for their parents to become permanent residents if they are unmarried and under 21. Finally, it's important to note that the process of obtaining lawful permanent residence can be complex, and it is recommended to consult with an immigration attorney or a DOJ-accredited representative to navigate the requirements and determine eligibility.
| Characteristics | Values |
|---|---|
| Who can petition for their parents to live in the US? | A US citizen who is at least 21 years old. |
| Who cannot petition? | Green Card holders (permanent residents). |
| What is the process called? | Family-based petition. |
| What is the first step in the process? | Someone must "petition" or file a visa petition on behalf of the applicant. |
| What is the second step in the process? | The applicant must apply for a family-based immigrant visa. |
| What are the two categories of family-based immigrant visas? | 1) Close relatives of US citizens, such as spouses, unmarried children under 21, or parents. 2) Other relatives of a US citizen, such as eligible children or siblings. |
| What is the name of the form that needs to be filed for the petition? | Form I-130, Petition for Alien Relative. |
| What is the name of the form that needs to be filed for the visa application? | Form I-485, Application to Register Permanent Residence or Adjust Status. |
| What form should the parents use to apply for travel authorization? | Form I-131, Application for Travel Document. |
| What form should the parents use to apply for employment authorization? | Form I-765, Application for Employment Authorization. |
| What should be included in the petition if the petitioner's or parent's name has changed? | Proof of the legal name change, such as a marriage certificate, divorce decree, adoption decree, or court judgment of name change. |
| What happens if the visa petition is denied? | The denial letter will state how to appeal and the timeframe for filing an appeal. |
| What should someone seeking lawful permanent residence do? | Consult with an immigration attorney or a DOJ-accredited representative to understand the complexities and requirements of the process. |
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What You'll Learn
- Only US citizens aged 21+ can petition for parents to live in the US
- Permanent residents cannot petition for parents to live in the US
- Parents must file Form I-485 to adjust to permanent resident status
- Parents can apply for employment and travel authorisation while their case is pending
- Parents with US citizen children can ask when their child can help them obtain permanent resident status
Only US citizens aged 21+ can petition for parents to live in the US
Only US citizens aged 21 or over can petition for their parents to live in the US as permanent residents. This is a common way for people to gain lawful permanent residence in the US. The US citizen child can file a Form I-130 petition, known as a 'Petition for Alien Relative', on behalf of their parent. If the parent is outside the US, they will be notified to go to their local US consulate to complete the visa process. If the parent is in the US, they may be able to file a Form I-485, 'Application to Register Permanent Residence or to Adjust Status', at the same time as their child files the Form I-130.
It is important to note that this process can be complicated, and there are potential consequences to consider. For example, if a person has been in the US for more than six months without status, they could trigger a 3- or 10-year bar when they leave the country. This is particularly relevant for those who need to complete the process outside the US, as these bars are only triggered upon departure from the country.
The process for obtaining lawful permanent residence can be complex, and it is recommended that someone with the proper qualifications provides guidance. An immigration attorney or a DOJ-accredited representative can help determine eligibility, address potential consequences, and navigate the requirements.
There are also specific forms and documentation that may be required, such as proof of any legal name changes, which can include marriage certificates, divorce decrees, or court judgments. Obtaining a Green Card, or Permanent Resident Card, typically involves a two-step process, with the first step being to have someone file a visa petition on the applicant's behalf.
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Permanent residents cannot petition for parents to live in the US
Only U.S. citizens can petition for their parents to live in the United States as permanent residents. Permanent residents (Green Card holders) cannot petition to bring their parents to live in the U.S. as permanent residents. If you are a U.S. citizen and want to petition for your parents to live in the U.S. as permanent residents, you must be at least 21 years old.
To start the process of bringing your parents to the U.S. as permanent residents, you need to file Form I-130, Petition for Alien Relative. If your parent is outside the United States, they will need to go to their local U.S. consulate to complete the visa process once the petition is approved. If your parent is in the United States, they may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as you file Form I-130.
It is important to note that the process of obtaining lawful permanent residence can be complicated, and it is recommended to seek guidance from an immigration attorney or a DOJ-accredited representative to navigate the requirements and determine eligibility. There may be specific requirements and considerations that need to be addressed before initiating the process.
Additionally, if your parent has minor children abroad (your siblings), they cannot be sponsored on the same petition as your parent. A separate petition would need to be filed for them.
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Parents must file Form I-485 to adjust to permanent resident status
If you are a US citizen and want to petition for your parents to live in the United States as permanent residents, you must be at least 21 years old. If your parents are already in the United States, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, to adjust their status to permanent residency.
Form I-485 is used to apply for lawful permanent resident status if you are in the United States and are eligible for adjustment of status. This form is typically filed after an immigrant visa petition, such as Form I-130, has been approved. However, in some cases, you may be able to file Form I-130 and Form I-485 concurrently. This means that you can file both forms simultaneously, allowing for a more streamlined process.
To file Form I-485, you must submit all the required initial evidence and supporting documentation. This may include Form I-693, Report of Immigration Medical Examination and Vaccination Record, or a partial Form I-693, such as the Vaccination Record. Additionally, you must provide a U.S. address, and if your address changes during the application process, you must notify USCIS within 10 days by submitting Form AR-11, Alien's Change of Address Card.
After submitting Form I-485, your parents may be eligible to apply for employment and travel authorization while their case is pending. They can use Form I-765 for employment authorization and Form I-131 for travel authorization. It is important to note that if your parents have minor children abroad, those children cannot be sponsored on the same petition. Once your parent becomes a permanent resident, they may file a new petition for any qualifying relative.
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Parents can apply for employment and travel authorisation while their case is pending
Only U.S. citizens can petition for their parents to live in the United States as permanent residents. Permanent residents cannot petition to bring their parents to live with them in the country. That said, if the parents are already in the United States and have applied to adjust their status to permanent residency by filing Form I-485, they are eligible to apply for employment and travel authorization while their case is pending.
To apply for employment authorization, the parents must use Form I-765, Application for Employment Authorization. They may receive employment authorization and deferred action if they have a pending bona fide petition and meet certain discretionary standards. The Department of Homeland Security has increased the automatic extension period for employment authorization and Employment Authorization Documents (EAD) for certain EAD renewal applicants from 180 days to 540 days. This rule became effective on January 13, 2025, and applies to certain timely filed renewal EAD applications pending on or filed on or after May 4, 2022.
To apply for travel authorization, the parents must use Form I-131, Application for Travel Document. It is important to note that if the parents have minor children abroad, those children cannot be sponsored on the same petition. Once the parents become permanent residents, they may file a new petition for any qualifying relative.
If the visa petition is denied, the denial letter will inform the applicant of the appeal process and the time frame within which they can appeal.
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Parents with US citizen children can ask when their child can help them obtain permanent resident status
Only U.S. citizens can help their parents obtain permanent resident status in the U.S. and they must be at least 21 years old to do so. Permanent residents cannot petition to bring their parents to live with them in the U.S.
If the parents are already in the U.S. and have applied to adjust their status to permanent residency, they can apply for employment and travel authorization while their case is pending. They should use Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, to apply for travel authorization. If the parents have minor children abroad, those children cannot be sponsored on the same petition. Once a parent becomes a permanent resident, they may file a new petition for any qualifying relative.
If the parents are outside the U.S. and have not done anything in the past to make them inadmissible, the application process to get a green card through a U.S. citizen child should be straightforward. They will need to complete "consular processing", which means submitting their paperwork and attending their visa interview at a U.S. consulate in their home country before coming to the U.S. on an immigrant visa. Upon entry, they become lawful permanent residents.
However, if the parents have lived in the U.S. unlawfully for at least 180 days, they are deemed "inadmissible" for three years, and if their unlawful stay was for one year or more, they are deemed "inadmissible" for ten years. This creates a time bar on receiving residence for up to ten years. The parents can apply for a waiver of inadmissibility, but it involves proving that a qualifying U.S. relative—which can only be a spouse or parent, not a child—would suffer extreme hardship if the visa were denied.
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Frequently asked questions
Only US citizens can petition for their parents to live in the US as permanent residents. The citizen must be at least 21 years old.
You need to file Form I-130, Petition for Alien Relative, for your parents. If your parents are in the US, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time. If your parents are outside the US, they will be notified to go to the local US consulate to complete their visa processing after Form I-130 is approved.
Yes, your parents can apply for employment and travel authorization by filing Form I-765 and Form I-131, respectively.
It is important to note that the process of obtaining lawful permanent residence can be complicated. You should consult an immigration attorney or a DOJ-accredited representative to understand the requirements, determine any potential ineligibility reasons, and address any possible consequences.
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