Only a U.S. citizen over the age of 21 can petition for a Green Card for their parents. This process can take anywhere from 6 months to 10 years, and in some cases, it may not be possible.
Petitioning for a Parent Living in the U.S.
- No Status Issues: If the parent can adjust their status without issues, the Green Card process will be approved relatively quickly. It’s important not to leave the country during this process, as it could affect the application.
- Illegal Presence: If the parent is undocumented and cannot adjust status due to unlawful presence, the process can take more than 10 years. In this case, even if the petition is approved, the parent must complete the process outside the U.S. and may need to apply for a waiver to avoid penalties.
Petitioning for a Parent Living Outside the U.S.
- If the parent lives outside the U.S. and can adjust status without issues, the process involves two steps:
- Approval of Form I-130 by USCIS.
- Document Submission to the National Visa Center (NVC).
- After completing these steps, the parent must:
- Pass a medical exam.
- Attend an interview at the U.S. embassy or consulate in their home country.
- Once the immigrant visa is approved, the parent has 6 months to enter the U.S. Upon entry, an immigration officer will stamp their passport, which acts as a temporary Green Card until the physical card arrives.
Inadmissibility Issues
If a parent living outside the U.S. is deemed inadmissible, the Green Card application can be denied. The parent may need a waiver and might face a 10-year ban from entering the U.S.
Attempting to re-enter illegally during this period can jeopardize the petition. After completing the ban and obtaining the waiver, a new petition can be filed. In some cases, the waiver may not be granted.
Processing Times
USCIS offers an online tool to estimate processing times. While not always exact, it provides a general idea based on the processing center and case volume.
Important Considerations for Filing a Petition for Parents
- The citizen petitioner must be at least 21 years old.
- The petitioner must prove they have sufficient financial resources to sponsor their parents (Affidavit of Support).
- Siblings cannot be included in the parent petition; a separate petition must be filed for them.
- If the petitioner obtained their status through the Special Immigrant Juvenile (SIJ) program, they cannot petition for their parents.
Eligibility Criteria for Petitioning
A petition is eligible if:
- Biological parents live outside the U.S.
- Biological parents live in the U.S. but are undocumented.
- The petition is for an adoptive parent.
- The petition is for a stepparent.
An exception applies if the petitioner served in the U.S. Armed Forces or the National Guard. In this case, parents may adjust status through parole in place.
Required Forms
Contact USCIS for information on the required forms, fees, and appointment scheduling.
After the Petition Is Approved
Approval notifications may take a few weeks. Once approved:
- Verify the petition status with USCIS.
- Make copies of the approval notice.
- Consult an immigration attorney for further guidance.
The next step is to begin the process of obtaining the Green Card (permanent residency).
Benefits of a Green Card
A Green Card allows you to:
- Live and work permanently in the U.S.
- Sponsor certain family members for residency.
- Own property.
- Attend public schools.
- Obtain a driver’s license.
- Access government benefits like food stamps, Medicaid, and health insurance (if eligible).
- Travel internationally and return without affecting your status.
Factors Considered by Immigration Authorities
When reviewing petitions, authorities consider:
- The relationship to the petitioner.
- Whether the petitioner or beneficiary is a victim of abuse.
- Entry as a fiancé(e) or spouse of a U.S. citizen.
- Whether the petitioner is a widow(er) of a U.S. citizen.
- Whether the parents were diplomats at the time of birth.
- Asylum or refugee status.
