How to help parents get a green card: the necessary documents, deadlines and other details

For help in obtaining a green card, parents usually have very simple requirements. As a son or daughter who wants to petition for a parent, you must be a US citizen and be at least 21 years old. While it gets a little tricky, this privilege also extends to stepsons and stepdaughters and adopted sons and daughters. Citizen path.

Moreover, immigration law defines the parents of US citizens as the next of kin. In this way, parents are given priority over other preference-based relationships. The number of immigrant visas for next of kin is not limited. In other words, when you help your mother or father get permanent residence in the United States, you won't have to wait long for other categories. The process starts by applying for a visa for your mother or father.

Unfortunately, permanent residents cannot apply for a parent green card. The best solution for a permanent resident is to obtain US citizenship and then apply for a green card on behalf of the parent. Download our free guide on how to become a U.S. citizen or complete Form N-400, Citizenship Application.

File Form I-130 to Help Parents Get a Green Card

By completing Form I-130, Petition for Foreign Relatives, you are asking the government to recognize your relationship with your parent, and you are requesting a visa reservation. When the I-130 petition is approved, the government confirms that it has an appropriate relationship and has a visa.

Fortunately, parents of US citizens are considered next of kin. This is a favorable classification in immigration law, since there are no restrictions on obtaining a green card for the next of kin. Preference categories, on the other hand, can take several years to obtain a visa number. Because there are limits on the number of people who can get a green card through the preference category.

Providing proof of the relevant relationship

Again, the purpose of filing Form I-130 is to establish the legality of the relationship between the applicant (US citizen) and the beneficiary (parent). Therefore, it is necessary to provide evidence of a valid relationship. The requirements differ depending on the specific type of relationship. When you file Form I-130 Petition for Foreign Relative, you must also provide the following supporting documentation.

If you are filing a petition for a mother, you will need to provide the following documents:

• Copy of birth certificate showing your name and mother's name
• Copy of your naturalization certificate or US passport if you were not born in the US.

If you are filing a petition for a father, you will need to provide the following documents:

• A copy of your birth certificate showing your name and the names of both parents.
• Copy of your naturalization certificate or US passport if you were not born in the US.
• A copy of your parents' civil marriage certificate.

If you are petitioning for your father and you were born out of wedlock and your relationship with your father was not legalized before your 18th birthday, you must provide:

• Copy of birth certificate showing your name and mother's name
• Copy of your naturalization certificate or US passport if you were not born in the US.
• Evidence that an emotional or financial connection existed between you and your father before you got married or turned 21, whichever comes first

If you are petitioning for your father and you were born out of wedlock and your relationship with your father was legalized before your 18th birthday, you must provide:

• Copy of birth certificate showing your name and mother's name
• Copy of your naturalization certificate or US passport if you were not born in the US.
• Proof that your relationship was legitimized prior to your 18th birthday through the marriage of your biological parents, the laws of your state or country (birth or residence), or the laws of your father's state or country (birth or residence)

If you are petitioning for a stepmother or stepfather, you must provide:

• A copy of your birth certificate showing the names of your biological parents.
• A copy of your biological parent's civil marriage certificate with the adoptive parent, confirming that the marriage was contracted before your 18th birthday.
• A copy of any divorce orders, death certificates, or annulment orders to show that any previous marriage your sibling or stepparent had lawfully ended.

If you are filing a petition for an adoptive parent, you must provide:

• Copy of birth certificate
• Copy of your naturalization certificate or US passport if you were not born in the US.
• A certified copy of the adoption certificate certifying that the adoption took place before your 16th birthday.
• A certificate indicating the dates and places where you lived with your parent.

A complete set of I-130 instructions can be found at USCIS.gov or using the CitizenPath Form I-130 preparation software. If you are helping both parents get a green card, you will need to file a separate Form I-130 for each parent.

Typically, most people can file an I-130 petition on their own. However, adopted applicants who wish to assist a parent in obtaining a green card should consult an experienced immigration attorney. The laws governing adoption relationships are complex and can best be dealt with by a lawyer.

How to help parents get a green card

Filing an I-130 is just the first step to helping parents get a green card. When Form I-130 is approved, it is not a grant of permanent resident status (green card). It is simply the acknowledgment by the US government that you have a valid relationship.

Your parent must also apply for permanent residence. Immigration officials will only consider the application for permanent residence after they approve the I-130 petition. Basically, there are two ways your parent can apply for a green card. Your parent must apply for permanent residence in one of the following two ways:

Consular Processing - Parent resides outside the United States

If the mother or father you are applying for lives overseas, he or she will have to wait until Form I-130 is approved. Then begin the process of applying for a green card through the US embassy or consulate. This is called consular processing.

Change in status - parent is currently in the United States

If the mother or father you petitioned for is physically present in the United States (by visa or other legal means) and later decides to apply for a green card, he or she may be eligible to file Form I-485, Application for status adjustments at the same time as the I-130 petition. If you apply for a green card at the same time, it will be processed faster. Your parent can only file Form I-485 if he or she is already in the United States. This is called a status change.

An important note about fraud

When the United States issues a tourist or other nonimmigrant visa to a foreign national, it does so on the understanding that the visitor intends to return to the place of origin. However, if a foreign national uses a nonimmigrant visa as a way to enter the United States with the actual purpose of changing status to permanent resident status, the US government considers this to be a visa fraud. In this case, the government may refuse to issue a green card on the basis of misuse of a nonimmigrant visa.

Your parent must not travel to the United States on a temporary visa with the intention of staying permanently until the status application is updated. This is considered a misuse of the visa and the application for a green card may be refused.

Your parent must not be banned from entry

Regardless of your parent's right to permanently reside, your mother and / or father must also prove that they are not prohibited from entering the United States. In other words, they will need to demonstrate that they do not pose a threat to US society in terms of finances, health, safety, immigration violations, or criminal prosecution.

• The financial part

You will need to demonstrate sufficient income or wealth to support your parents at 125% of the US poverty rate (in addition to supporting your own family). If your parents cannot support themselves, this measure helps to ensure that they are not dependent on government assistance. To see current poverty rates, see Form I-864P.

• Health status

Your parent will need to undergo a medical examination with a USCIS-appointed doctor. An examination is required to establish that the applicant does not pose a public health hazard. For example, is not a carrier of a disease that poses a risk to public health, or suffers from a dangerous physical or mental disorder. See Form I-693.

• Immigration violations

Your parent's immigration history will be checked. The application is likely to be denied if your parent has overstayed their visa by six months or more, or if your parent has ever entered the country illegally. The government will also seek to determine if the parent's visa (if applicable) has ever been misused.

• Criminal record information

Your parent is likely to run into trouble if he or she has committed certain crimes, such as violent crimes, drug crimes, or terrorist attacks.

If you think your mother or father may be barred from entry for any reason, please contact an experienced immigration attorney before filling out any USCIS form. In certain cases, a deviation from the norm may be available.

Refusal to stay

The green card is for immigrants who intend to reside permanently in the United States. After all, this is a permanent resident card. Thus, getting your parents' green card is not a good strategy to make it easier for them to make long trips to the United States. If at some point the US government decides that your parent does not intend to make the US a permanent home, the green card may be canceled.

If your parent leaves the United States, even for a short time, and upon return, the Customs and Border Protection (CBP) officer believes that their real home is outside the United States, he may refuse to enter the United States and revoke the green card. A trip outside the United States for six months or longer is likely to raise questions about accommodation. Traveling for a year or more creates the presumption that they have left their place of residence.

About CitizenPath

CitizenPath provides simple, affordable, step-by-step instructions for USCIS immigration applications. Individuals, lawyers and non-profit organizations use this service on desktop computers or mobile devices to accurately draw up immigration forms, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. We provide support with petition for foreign relatives (Form I-130), application for change of status (Form I-485), application for citizenship (Form N-400), and several other USCIS forms.