Green Card for Parents of U.S. Citizens

Being away from family members can be distressing. The good news is US citizens can petition for their immediate family to become lawful permanent residents in the United States. US citizens can apply for a green card for their birth parents, stepparents, or adoptive parents. 

However, when applying for a green card for parents, the petitioner must take note of several conditions and variations in the documentation needed. This article provides information for individuals who are interested in green card filing for parents. 

1. What Is a Green Card for Parents?.

A green card for parents of US citizens enables the parents to reside and work permanently in the U.S. It’s also known as a Permanent Resident Card. To be eligible to apply for a green card for parents, the applicant must meet the following general requirements:

  • Must be a US citizen and be able to prove their citizenship
  • Must be at least 21 years old
  • Must be able to substantiate their relationship with their parent/s
  • Must have sufficient income or assets to support their parent or have a joint sponsor 

2. Requirements for Green Card for Parents

Parent:

Required Documents:

U.S. Citizen’s Mother 

  • Form I-130
  • A copy of your birth certificate showing your name and your mother’s name
  • A copy of your Certificate of Naturalization or U.S. passport if you were not born in the United States

U.S. Citizen’s Father

  • Form I-130
  • A copy of your birth certificate showing your name and the names of both parents
  • A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States
  • A copy of your parents’ civil marriage certificate

U.S. Citizen’s Father and the U.S. Citizen was born out of wedlock and were not legitimated by Father before 18th birthday

  • Form I-130
  • A copy of your birth certificate showing your name and your father’s name
  • A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States 
  • Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21, whichever came first

U.S. Citizen’s Father and the U.S. Citizen was born out of wedlock and was legitimated by your Father before 18th birthday

  • Form I-130
  • A copy of your birth certificate showing your name and your father’s name
  • A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States 
  • Evidence that you were legitimated before your 18th birthday through the marriage of your natural parents, the laws of your state or country (of birth or residence), or the laws of your father’s state or country (of birth or residence)

Step-parent

  • Form I-130
  • A copy of your birth certificate showing the names of your birth parents
  • A copy of the civil marriage certificate of your birth parent to your step-parent showing that the marriage occurred before your 18th birthday
  • A copy of any divorce decrees, death certificates, or annulment decrees to show that any previous marriage entered into by your natural or step-parent ended legally

Adoptive parent 

  • Form I-130
  • A copy of your birth certificate
  • A copy of your Certificate of Naturalization or Citizenship if you were not born in the United States
  • A certified copy of the adoption certificate showing that the adoption took place before your 16th birthday
  • A statement showing the dates and places you have lived together with your parent

US citizens who have been legally adopted are not eligible to apply for a green card for their birth parent. Furthermore, for applicants or beneficiaries who have legally changed their name, provided that the name differs from what is indicated on their birth certificate, they must be able to provide evidence to support the name change. 

3. The Process

For US citizens whose parents are currently staying in the US legally, or in some cases parents who are in the US but currently out of status, they may be able to file Adjustment of Status with your filing of Form I-130. After the Adjustment of Status is filed, the parents would receive a biometrics appointment in the U.S., they would also be eligible to receive an Employment Authorization Document and Advance Parole for foreign travel. The parents would then be interviewed by USICS within the U.S., and if successful the Green Card would then be issued. Note that USCIS may waive the interview for parents who are of advanced age.

If the parents are abroad or not eligible for Adjustment of Status, then the process after the I-130 is approved would have to be processed through the Department of State. USCIS will notify the application if their Petition for Alien Relative (Form I-130) application has been approved or denied. If approved, the case will be transferred to the National Visa Center (NVC), and the petitioner and beneficiary would be notified by NVC to submit required documentation, fees and the affidavit of support by the petitioner, and then the case would be transferred to the selected U.S. Consulate for an interview, and if successful, then the issuance of the immigrant visa, which would enable the beneficiary to come to the U.S. as an immigrant.

For US citizens who want to bring their parents to United States to live and work permanently in the country, filing for a green card is the best option. With a green card, the petitioner’s parents can enjoy a lot of benefits, such as traveling in and out of the country with peace of mind and living and working wherever they want to. However, applying for and successfully getting a green card for parents can be a daunting task for both petitioners and their beneficiaries. 

Take advantage of our firm’s services. Schedule your consultation today.

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Disclosure: No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process or Best Lawyers for a detailed description of the selection methodology. Past success does not guarantee future outcome. We recommend consulting with legal counsel prior to making decisions that may impact your immigration status.