Bringing your parents to the United States as lawful permanent residents is a significant and rewarding process that can strengthen family bonds and allow them to live, work, and thrive in the U.S. As a U.S. citizen, you have the unique privilege of petitioning for your parents to obtain a family-based green card. While the process is straightforward, it involves navigating several legal requirements and procedural steps to ensure your parents’ successful immigration.
Family reunification is a cornerstone of U.S. immigration policy, allowing your parents to become lawful permanent residents with the right to live, work, and eventually apply for U.S. citizenship. Whether your parents reside in the U.S. or abroad, this guide will help you navigate the complexities of the U.S. immigration system.
Understanding the application process is essential to avoid delays, complications, or denials. This comprehensive guide will walk you through each step, from determining eligibility to filing the necessary forms and gathering the required documentation.
By the end of this guide, you’ll be equipped with the knowledge needed to successfully apply for a family-based green card, ensuring a smooth path toward reuniting with your family.
Let’s ensure everyone is on the same page with the eligibility criteria.
Eligibility Requirements
Before you begin the application process, it’s crucial to understand the eligibility requirements for a family-based green card for parents. Not everyone is eligible to petition for a parent’s green card, so ensuring you and your parents meet these criteria is the first step toward a successful application.
The Petitioner Must Be a U.S. Citizen and at Least 21 Years Old
To sponsor a family-based green card for parents, the petitioner (the U.S. citizen filing the petition) must be at least 21 years old. This age requirement ensures that the petitioner is legally and financially responsible enough to support their parents if necessary. It’s important to note that only U.S. citizens can petition for a parent’s green card; lawful permanent residents (green card holders) are not eligible to apply for their parents.
If you are a naturalized U.S. citizen, you must provide proof of your citizenship, such as a naturalization certificate or U.S. passport, as part of your application. This proof is essential to establish your eligibility to file for a family-based green card for parents.
Parents Must Be Immediate Relatives, Includeing Biological, Step, or Adoptive Parents
The U.S. immigration system prioritizes immediate relatives of U.S. citizens, including parents, spouses, and children under 21. When applying for a family-based green card for parents, your parents must fall into one of the following categories:
- Biological Parents: The parent who gave birth to you or whose biological child you are.
- Step-Parents: A parent married to your biological parent, provided the marriage occurred before your 18th birthday.
- Adoptive Parents: A parent who legally adopted you before your 16th birthday.
Each category has specific documentation requirements, which we will discuss later in the blog.
Permanent Residents Cannot Petition for a Parent’s Green Card.
Unlike U.S. citizens, lawful permanent residents (green card holders) cannot petition for a family-based green card for parents. This restriction is in place because U.S. immigration law reserves the privilege of sponsoring immediate family members for green cards exclusively for U.S. citizens. If you are currently a green card holder, you must become a naturalized U.S. citizen before applying for a family-based green card for parents.
If you have any doubts about your eligibility, a consultation with Sweta Khandelwal’s law office can clarify these prerequisites.
Let’s dive into the steps to get this process rolling.
Also Read: How To Apply for a Marriage Green Card in the United States? A Step-by-Step Guide
Key Steps to Apply
Once you have confirmed that both you and your parents meet the eligibility requirements for a family-based green card for parents, you can begin the application process. The following steps outline the key actions you need to take to ensure your application is complete and submitted correctly:
- Ensure Parent’s Eligibility and Admissibility
Confirming that your parents are eligible and admissible to the United States is essential before filing any forms. Admissibility refers to the ability to enter the U.S. legally without any grounds for denial, such as criminal records, past immigration violations, or certain medical conditions. Ensuring that your parents meet these criteria is critical to avoid complications during the application process.
Additionally, your parents must not have any disqualifying factors, such as previous deportations or immigration fraud, that could prevent them from receiving a family-based green card for parents.
- Complete and Submit Form I-130, Petition for Alien Relative
The first official step in applying for a family-based green card for parents is completing and submitting Form I-130, Petition for Alien Relative. This form serves as a request for the U.S. government to recognize the qualifying relationship between you (the petitioner) and your parents (the beneficiaries). The form requires detailed information about you and your parents, including personal details, relationship history, and proof of U.S. citizenship.
Form I-130 is the foundation of the green card application process, and it is crucial to fill it out accurately and completely. Any errors or omissions can lead to delays or even denials, so take your time to review the form carefully before submitting it.
Note that the processing times for the I-130 alone can be very long. There is no premium processing available to expedite the I-130. The only way to force USCIS to adjudicate the I-130 is to file a Mandamus action. If your I-130 has been pending for more than 6 months, you may be able to compel USCIS to approve the I-130 by filing a Mandamus action. Contact Immigration Attorney Sweta Khandelwal to expedite your pending I-130.
- Collect and Submit Proof of Qualifying Relationship
Along with Form I-130, you must provide evidence that proves your relationship with your parents. This proof is essential to establish the legitimacy of your petition for a family-based green card for parents. The required documents vary depending on the nature of your relationship (e.g., biological parent, step-parent, or adoptive parent), and it is essential to include all necessary documentation to avoid any delays in processing.
Depending on the circumstances, the required proof types include birth certificates, marriage certificates, adoption records, and evidence of a relationship before the petitioner turns 21.
With all the paperwork ready, your next step is to understand how to submit proof of your qualifying relationship.
Also Read: I-485, I-130, I-864, and I-765 Forms Experience for Green Card Through Marriage
Submitting Proof of Qualifying Relationship
When applying for a family-based green card for parents, submitting sufficient proof of your qualifying relationship is one of the most critical aspects of the process. USCIS requires different types of evidence depending on whether you are petitioning for your biological mother, biological father, step-parent, or adoptive parent. Below is a breakdown of the required documentation for each scenario:
- Proof for Mother
If you are applying for a family-based green card for parents on behalf of your biological mother, you will need to provide the following documents:
- Birth Certificate: A certified copy of your birth certificate showing your and your mother’s names. This document serves as primary evidence of your relationship.
- Proof of U.S. Citizenship: This can be a naturalization certificate if you were naturalized or a U.S. passport if you were born in the U.S. or became a citizen through other means.
These documents are essential for proving that you are indeed the biological child of the mother for whom you are petitioning.
- Proof for Father Born in Wedlock
If your father was married to your mother at the time of your birth, the following documents are required:
- Birth Certificate: A certified copy of your birth certificate that includes both of your parents’ names.
- Parent’s Marriage Certificate: A civil marriage certificate that proves your parents were legally married at birth.
- Proof of U.S. Citizenship: Your naturalization certificate or U.S. passport.
These documents collectively establish the legitimacy of your relationship with your father and support your application for a family-based green card for parents.
- Proof for Father Born Out of Wedlock
If your father was not married to your mother at the time of your birth, the required documents include:
- Birth Certificate: A certified copy of your birth certificate that lists your father’s name.
- Proof of U.S. Citizenship: Your naturalization certificate or U.S. passport.
- Evidence of Relationship: This could include evidence of emotional or financial support provided by your father before you turned 21. Examples include letters, photographs, or financial documents demonstrating an ongoing relationship.
These documents prove that, despite your parents’ absence of marriage, you have a legitimate and recognized relationship with your father.
- Proof for Step Parents
For step-parents, the following documentation is required:
- Birth Certificate: A certified copy of your birth certificate.
- Parent’s Marriage Certificate: A civil marriage certificate showing that your biological parent and step-parent were married before your 18th birthday.
- Proof of U.S. Citizenship: Your naturalization certificate or U.S. passport.
It’s essential that the marriage between your biological parent and step-parent occurred before you turned 18; otherwise, USCIS may not recognize the relationship for the family-based green card for parents application.
- Proof for Adoptive Parents
When applying for a family-based green card for parents for adoptive parents, you will need to provide:
- Birth Certificate: A certified copy of your birth certificate.
- Adoption Certificate: A certified adoption certificate showing the adoption was finalized before your 16th birthday.
- Proof of U.S. Citizenship: Your naturalization certificate or U.S. passport.
These documents demonstrate that a legal adoption took place and that the relationship between you and your adoptive parents is recognized under U.S. law.
So, what happens once your proof is lined up and forms filled? Let’s break it down.
Also Read: Concurrent Filing of Form I-130 and I-485 for Green Card Application
Filing Form I-130
Filing Form I-130 is a crucial step in the family-based green card application process for parents. This form is the foundation for establishing the relationship between you, the petitioner, and your parents, the beneficiaries.
Purpose of Form I-130
Form I-130, Petition for Alien Relative, is designed to establish a valid family relationship between a U.S. citizen and their relative (in this case, their parents). By filing this form, you are requesting the U.S. government to recognize this relationship and grant your parents the opportunity to apply for a family-based green card for parents.
The form requires you to provide detailed information about yourself and your parents, including personal identification details, family history, and evidence of your relationship. The accuracy and completeness of this information are paramount to ensure the smooth processing of your application.
Submit Form I-130 with a $420 Fee Per Parent.
As of the time of writing, the filing fee for Form I-130 was $675 for Paper Filing and $625 for an Online Filing.is $420 per parent. This fee must be paid when submitting the form, and failure to do so will result in the application being rejected or delayed. It’s essential to check the USCIS website for the most up-to-date fee information, as these fees can change over time.
Ensure that you provide all the necessary supporting documents along with your payment to avoid any delays in processing. Incomplete applications or missing documentation can result in USCIS issuing a Request for Evidence (RFE), prolonging the application process.
Include All Required Supporting Documents to Avoid Delays
When filing Form I-130, you must include all required supporting documents, such as proof of your U.S. citizenship, evidence of your parents’ identity, and proof of your relationship. These documents are critical in establishing the legitimacy of your petition for a family-based green card for parents.
Missing or incomplete documentation is one of the most common reasons for the green card application process delays. Double-check your application to ensure all required documents are included and properly formatted to avoid unnecessary delays.
Furthermore, let’s complete the following steps after filling out the form I-130.
Also Read: Filing an I-130 for Spouse Green Card Process and Procedures
Next Steps After Filing Form I-130
After submitting Form I-130, you need to follow several steps to ensure the continued progress of your family-based green card application for your parents. Understanding what to expect and staying on top of the process can help avoid unnecessary delays.
USCIS Reviews and Approves Form I-130
Once Form I-130 is submitted, USCIS will review your petition to verify that all the information is accurate and that the required documentation is included. If everything is in order, USCIS will approve your petition, and you will receive a Notice of Action (Form I-797) confirming the approval.
However, if there are any issues with your petition, USCIS may issue a Request for Evidence (RFE) asking for additional information or documentation. Responding promptly to an RFE is critical to avoid further delays in processing your family-based green card for your parents’ application.
For Parents Outside the U.S.: Consular Processing
Your parents residing outside the United States must go through consular processing after your Form I-130 is approved. Consular processing involves your parents attending an interview at the U.S. consulate or embassy in their home country. During the interview, a consular officer will review the case and finalizefinalise the eligibility for a family-based green card for parents.
Consular processing typically takes several months, so it’s essential to plan accordingly. Your parents must gather various documents, undergo a medical examination, and be prepared to answer questions about their background and relationship with you.
For Parents in the U.S.: Adjustment of Status with Form I-485
If your parents are already in the United States, they can apply for an adjustment of status to obtain their green card without leaving the country. This process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with other required forms and documentation.
The adjustment of status process can take several months, during which your parents may be required to attend an interview at a USCIS office. Once approved, your parents will receive their family-based green card for parents, allowing them to live and work in the U.S. permanently.
Monitor Application Status Regularly for Updates from USCIS
Throughout the application process, you must regularly monitor the status of your family-based green card application for your parents. You can check the status of your application online using the USCIS Case Status tool or by contacting USCIS directly.
Staying informed about your application status will help you quickly address any issues that may arise, such as RFEs or interview scheduling. Promptly responding to any requests from USCIS is critical to ensuring your application progresses smoothly.
The Law Offices of Sweta Khandelwal can represent you during this review process, ensuring that all aspects are meticulously handled.
Now, moving on to the crucial part of financially sponsoring your parents—let’s get into the details.
Financial Sponsorship
One critical requirement for parents to obtain a family-based green card is to prove that you can financially support them once they arrive in the United States. This requirement helps ensure that your parents will not become a public charge, relying on government assistance for their needs.
Role of the Financial Sponsor: Typically, the Petitioner
As the petitioner, you will serve as the financial sponsor for your parents. This role requires you to commit to providing financial support for your parents once they receive their family-based green card for parents. By serving as the financial sponsor, you assure the U.S. government that your parents will not need to rely on public benefits and that you can support them if necessary.
Being a financial sponsor is a serious responsibility, and you should be prepared to fulfil this obligation for several years or until your parents become U.S. citizens or have earned sufficient work credits.
Meet Income Requirements, Usually 125% of U.S. Federal Poverty Guidelines
To serve as a financial sponsor, you must meet specific income requirements, typically 125% of the U.S. federal poverty guidelines. These guidelines vary depending on your household size and the number of people you sponsor. These income requirements ensure that you have the financial capacity to support your parents without relying on public assistance.
If your income does not meet the requirements, you may need to find a co-sponsor who meets the necessary income levels. The co-sponsor would also need to sign an Affidavit of Support, committing to share the financial responsibility for your parents.
File Form I-864, Affidavit of Support, to Demonstrate Financial Ability to Support Parents
As part of the family-based green card for parents’ application, you must file Form I-864, Affidavit of Support. This form is a legally binding contract between you and the U.S. government, in which you agree to provide financial support for your parents if necessary.
Form I-864 requires detailed information about your income, assets, and financial obligations. You must also provide supporting documentation, such as tax returns, pay stubs, and bank statements, to prove that you meet the income requirements. Once filed, this form will remain in effect until your parents become U.S. citizens or have worked for 40 quarters in the U.S.
Alright, we’ve covered sponsorship and the medical examination details.
Also Read: Green Card Application Fee for Spouse: A Step-by-Step Breakdown
Medical Examination and Form I-693
As part of the application process for a family-based green card for parents, your parents must undergo a medical examination to ensure they meet the health requirements for U.S. residency. This examination is mandatory and must be conducted by a USCIS-approved physician.
Schedule Medical Examination with Government-Approved Physician
Your parents must schedule their medical examination with a USCIS-approved physician, often referred to as a civil surgeon. The list of approved physicians can be found on the USCIS website, and it is essential to choose a doctor from this list to ensure that the examination is valid for the family-based green card for parents’ application.
The medical examination will include a physical exam, a review of medical history, required vaccinations, and tests for certain infectious diseases. The physician will document the examination results on Form I-693, Report of Medical Examination and Vaccination Record.
Submit Sealed Medical Records Along with Form I-693
After the medical examination, the physician will provide your parents with a sealed envelope containing Form I-693 and their examination results. It is crucial that this envelope remains sealed and is submitted directly to USCIS as part of the family-based green card for parents’ application.
If the envelope is opened or tampered with, USCIS may reject the medical examination results, delaying the green card application process. Therefore, your parents should ensure that the envelope remains intact until it is submitted.
Provide Proof of Vaccination Records
Your parents must provide proof of vaccination records for the medical examination. If your parents do not have these records, they may need certain vaccinations during the medical examination to meet U.S. health requirements.
The physician will include vaccination information on Form I-693, and your parents must comply with these requirements to avoid any issues with their family-based green card for parents’ application.
Okay, so what’s next? Let’s wrap this up and look at the final steps before hitting submit!
Conclusion
Obtaining a family-based green card for parents is a complex process that involves multiple steps, extensive documentation, and careful attention to detail. By understanding each stage of the process and ensuring that all requirements are met, you can successfully help your parents achieve permanent residency in the United States. Remember to stay organized, follow USCIS guidelines, and seek professional assistance to navigate the process smoothly.
If you need expert guidance, consider contacting the Law Offices of Sweta Khandelwal. This specialized immigration law firm is led by Sweta Khandelwal, an experienced immigration attorney with over 18 years of experience.
The firm offers comprehensive legal services covering business immigration, family immigration, visas, green cards, and citizenship matters. Their expertise can be invaluable in ensuring that your application for a family-based green card for parents is handled with the utmost care and precision.
Contact Sweta Khandelwal today and get started!
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.