Your relationship with your parents is unlike any other. If you’re living in the United States and your parents are living elsewhere, it’s common to want them to be closer. Many people who have already immigrated here wonder how to bring their parents to the United States to live permanently.
The good news is that United States immigration law lets American citizens petition for their parents to receive Green Cards. However, the family-based immigration process can be complicated. In this blog post, we’ll walk you through key requirements, how the application process works, and what you can expect along the way.
Requirements To Meet
In order to successfully sponsor your parents, you must be a United States citizen and be at least 21 years old.
Being a Green Card holder (permanent resident) is not enough. Yes, you can petition for your spouse and your children with a Green Card. But to petition for your parents to live permanently in the U.S., you must wait until you have citizenship yourself.
Once you meet these requirements, you may petition for:
- Your biological parent(s)
- Your step-parent(s), if they became your step-parent before you turned 18
- Your adoptive parent(s), if the adoption took place before you were 16 and if you meet other legal requirements
The Process: Filing Form I-130 and Other Documentation
The first step to help any eligible relative apply to the United States is filing Form I-130, Petition for Alien Relative. This can be done online.
The government will generally approve your petition if you can establish the relationship between you and your parents using proper documentation. This documentation includes papers such as:
- A copy of your birth certificate showing your name and your parents’ names
- A copy of your Certificate of Naturalization
- Your U.S. passport, if you were not born in the United States
- A copy of your parents’ civil marriage certificate
Having the right documentation is critical. To get the best possible results, we recommend working with an attorney who can help ensure you’re submitting the right documents. Incorrect or incomplete documents can lead to the denial of your petition.
After Filing: Additional Steps Your Parents Must Take
After your Form I-130 is approved, your parents will need to take additional steps before they’re allowed to immigrate to the United States. A Green Card is not issued automatically.
If your parents live outside the U.S., they’ll need to go to the local U.S. consulate to complete visa processing. If they’re already in the United States, they may be eligible to apply for their Green Card if an immigrant visa is available. To apply, they’ll need to file Form I-485, Application to Register Permanent Residence or Adjust Status.
If Your Paperwork is Denied
If your form is denied, it’s possible to appeal.
Read your denial letter carefully. It will tell you how much time you have to file the appeal with the Board of Immigration Appeals.
Things Don’t Always Go Smoothly. Get Legal Help.
Getting approval for your parents to immigrate isn’t always easy. It’s especially difficult in certain circumstances, like when a person was born out of wedlock or when the parent is a step-parent or adoptive parent. It’s always a good idea to get legal advice from an experienced immigration attorney.
To get help with your petition, contact an experienced lawyer. Call Mark E. Jacobs at 972-445-7577 or complete an online contact form.
