Family-based Immigration

Petition for Parents

Family-based Immigration

Petition for Parents

Only a U.S. citizen who is at least 21 years old can petition for their parents to become Lawful Permanent Residents (LPRs). Lawful Permanent Residents (green card holders) are not eligible to petition for their parents.

Here is an overview of the process for a U.S. citizen to petition for their parents:

1. File Form I-130: The U.S. citizen must file Form I-130 (Petition for Alien Relative) for each parent. This form establishes the qualifying relationship.
2. Supporting Documentation: Along with Form I-130, the petitioner must submit:
  • Proof of U.S. citizenship (such as a copy of the U.S. birth certificate, U.S. passport, or naturalization certificate).
  • The parent’s birth certificate.
  • Evidence of the parent-child relationship:

– For biological parents, the petitioner’s birth certificate listing the parent’s names.

– For step-parents, the marriage certificate of the parent and the petitioner’s biological parent, showing that the marriage occurred before the petitioner turned 18.

– For adoptive parents, the adoption certificate showing that the adoption took place before the petitioner turned 16.

3. Approval and Further Steps: Once USCIS approves the I-130 petition, the parent can proceed with consular processing if they are outside the U.S. or          file Form I-485 (Application to Register Permanent Residence or Adjust Status) if they are already in the U.S.

4. Medical Examination and Interview: The parent will need to undergo a medical examination by an authorized physician and attend an interview at a U.S. embassy or consulate (if applying from abroad) or a USCIS office (if applying from within the U.S.).
5. Green Card Issuance: If all goes well, the parent will receive an immigrant visa to enter the U.S. as a permanent resident or, if already in the U.S., their status will be adjusted to that of a permanent resident and they will receive a green card.

It’s important to complete all forms accurately and provide all required documentation to avoid delays or complications. Consulting with an immigration attorney can also help ensure a smooth process.

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