Can I Sponsor My Parents for a Green Card?

02 Jan Can I Sponsor My Parents for a Green Card?

Reuniting with loved ones is often the ultimate goal for many immigrants living in the United States. If you’re a U.S. citizen longing to bring your parents to join you, family-based immigration laws make this dream possible. By sponsoring your parents for a green card, you can provide them the opportunity to live with you in the U.S. permanently. Of course, before you begin the process, you need to understand a few things, such as the eligibility requirements for sponsorship and the potential challenges you and your loved ones might face.

Eligibility Requirements for Sponsoring Parents

To sponsor your parents for a green card, you must meet the following criteria:

• U.S. Citizenship: Only U.S. citizens aged 21 or older can petition for their parents.
• Relationship Proof: You must demonstrate that the individuals you are sponsoring are legally your parents. For biological parents, you’ll need a copy of your birth certificate. For adoptive parents or step-parents, additional documentation may be required to prove the relationship.

Required Documents to Sponsor Your Parents for a Green Card

To meet the U.S. citizen petition for parents requirements, you’ll need:

• A valid U.S. passport or certificate of naturalization to prove citizenship.
• A completed Form I-130 (Petition for Alien Relative).
• Supporting documents such as birth certificates, adoption records, and marriage certificates (for step-parent relationships).
• Evidence of financial stability to show you can support your parents if necessary, often through Form I-864 (Affidavit of Support).

Can a Green Card Holder Sponsor a Green Card for Their Parents?

Unfortunately, green card holders (lawful permanent residents) are not eligible to sponsor their parents for a green card. This privilege is reserved for U.S. citizens who meet the necessary requirements. Green card holders can, however, sponsor their spouse or unmarried children for permanent residency. If you’re a green card holder hoping to sponsor your parents, you may need to wait until you obtain U.S. citizenship before beginning the process.

How to File the Petition

The first official step in the process is filing Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form establishes your relationship with your parents and requests that a visa be reserved for them.

Steps to File Form I-130

1. Complete the Form Accurately: Provide detailed and correct information about both yourself and your parents.
2. Gather Supporting Documents: Include all required documentation, such as proof of your U.S. citizenship and evidence of your relationship with your parents.
3. Pay the Filing Fee: Ensure you use the correct payment method and submit the fee with your petition.
4. Submit the Petition: Mail your completed form and supporting documents to the appropriate USCIS address based on your location.

Once USCIS approves the Form I-130, the green card process will proceed based on whether your parents are inside or outside the United States.

The Green Card Application Process for Parents

Depending on your parents’ current location, there are two primary pathways to obtain a green card: consular processing and adjustment of status.

Consular Processing

If your parents live outside the U.S., they will apply for their green card through a U.S. embassy or consulate in their home country by following these steps:

1. After Form I-130 is approved, the case is transferred to the National Visa Center (NVC).
2. Your parents will complete Form DS-260 (Immigrant Visa Application) and submit the required documentation. As the sponsor, you will likely need to submit Form I-864 (Affidavit of Support).
3. Once a visa is available and the NVC has received all supporting documents, they will schedule an interview at a U.S. embassy or consulate. During the interview, a consular officer will review the case and decide on the green card application.

Adjustment of Status

If your parents are already in the U.S. on a valid visa, they may apply for a green card through adjustment of status without leaving the country.

1. Your parents must submit Form I-485 (Application to Register Permanent Residence or Adjust Status) along with the I-130 approval notice.
2. They must then attend a biometrics appointment, during which USCIS will collect fingerprints and a photo.
3. Finally, they will participate in an in-person interview with a USCIS officer. If approved, your parents will receive their green cards.

Common Challenges to the Green Card Process for Parents

While the process of filing a green card for your parents is relatively straightforward, challenges can arise. Some common issues include:

Incomplete or Incorrect Paperwork

Mistakes on Form I-130, I-485, or supporting documents can delay the process or lead to denials. Carefully review all forms and documents before submission.

Inadmissibility Concerns

Your parents may be deemed inadmissible due to health conditions, past immigration violations, or criminal records. In such cases, waivers may be available to overcome these barriers.

Lengthy Processing Times

Although immediate relative visas have no annual caps, processing times can still vary. Staying organized and responding promptly to any USCIS or NVC requests can help keep the process on track.

How Immigration Attorneys Can Help

Navigating the U.S. immigration system can be complex, especially when trying to avoid errors that lead to costly delays. Hiring experienced family-based immigration lawyers can make a significant difference in your case.

When you partner with immigration lawyers, they will help you understand current laws and requirements as well as assist you in filling out forms accurately. They can also address any inadmissibility issues or challenges that arise during the application process and monitor the progress of your case. They will even communicate with USCIS or the NVC on your behalf, saving you time and stress.

Let Henry & Grogan Help Bring Your Family Together

Sponsoring your parents for a green card is a meaningful way to reunite your family in the U.S. While the process requires careful attention to detail, the rewards of bringing your loved ones closer are immeasurable. If you’re ready to bring a birth parent, stepmom, or adoptive father to North America, our team of immigration lawyers in Philadelphia is here to help. Contact us today to ensure your case is handled with care and precision.