When it comes to securing a green card for parents of US citizens, the most impactful decision you can make is to enlist the help of an immigration lawyer. Our team can provide you with the representation you deserve and an effective approach to your visa application. Contact Naya Immigration today for a consultation.
For first or second-generation Americans, situations may arise where one or both parents may be without a green card. If this is the case for you and your family, you’re likely familiar with the restrictive nature of the US immigration system when it comes to making travel arrangements and visiting loved ones who happen to have different immigration statuses.
Luckily, the US Citizenship and Immigration Services (USCIS) has a unique path for parents of US citizens with hopes of becoming permanent residents. However, it’s important to note that while this will make the process easier for non-citizen parents of US citizens to get their green cards as opposed to the parents of non-citizens, there is still a lot of leg work that will need to be done to ensure that your parents receive their visas without issue.
If you have questions about the green card process for the parents of US citizens, or you need help gathering the correct documentation, filing the required forms, or representation during the application process, hiring an immigration lawyer who specializes in parent green card issues can be a great option. Give us a call today at [phone] to find out how we can make your parents’ green card application a smoother process.
Benefits Of A Green Card For Parents
Still trying to figure out whether it’s worth it to pursue a green card for your parents? Before we dive into the details of how the get a green card, let’s look at the benefits:
- Legal Employment: With a green card, your parents gain the right to work legally in the U.S. This opens up employment opportunities, enabling them to contribute to the workforce and the economy.
- Social Security and Medicare Eligibility: Green card holders become eligible for Social Security benefits and Medicare after a certain period of residency. This ensures financial security and access to healthcare services for aging parents.
- Educational Opportunities: Green card holders have access to various educational opportunities, including scholarships and financial aid. This benefit can be especially advantageous for parents seeking to enhance their skills or pursue higher education.
- Path to U.S. Citizenship: After five years of permanent residency, green card holders are eligible to apply for U.S. citizenship. This offers parents the opportunity to fully integrate into American society and participate in civic life.
Of course, the most obvious reason that you’ll likely have for helping your parents through the green card process is that it minimizes the distance between you and your family and allows you to see each other more often than if you were living in separate countries. This also becomes more beneficial to your finances, allowing you to save money on plane tickets, travel insurance, and hotel costs.
Eligibility Requirements For A US Citizen Petitioning For Their Parents
The two most important stipulations when determining the eligibility of US citizens petitioning for their parents in the green card application process are that you must be over the age of 21 and you must be a fully naturalized or US-born citizen (not a temporary resident or lawful permanent resident).
You may be surprised to learn that nearly all parents of US citizens are eligible to get their immigrant visa cards through this specific process. This includes adoptive parents, step-parents, parents who conceived out of wedlock, and of course, birth parents, whether or not they are still married or not. However, depending on the nature of your relationship to the parent you’re petitioning for, different documents may be required, in addition to the submission of Form I-130 and a copy of your passport or naturalization papers (if you were born outside of the US) to the USCIS.
Green Card Documentation Requirements For Birth Parents
If you’re petitioning for your birth parents (mother, father, or both of whom you’re related to by birth), you’ll be required to provide the following:
- A birth certificate showing both your name and the name of both your parents (or just the name of your mother if she’s the only applicant).
- A copy of your parent’s marriage certificate if your father or both parents are applying for a green card.
Things become slightly more complicated if you’re petitioning for your father and you were born out of wedlock. If this is the case, you’ll also need to prove that your father is actually related to you either through DNA testing, child support checks, residency, or other method.
Green Card Documentation Requirements For Step-Parents
If you’re petitioning for a step-parent to become a lawful permanent resident through the green card process, you’ll need to provide:
- A copy of your birth certificate showing both your name and the name of your birth parents.
- A copy of the marriage certificate between a birth parent and the step-parent applying for a green card which was signed before your 18th birthday.
- Proof that the marriage was legitimate (death certificate, annulment certificate, or divorce certificate).
These pieces of documentation apply to either a stepmother or step-father, in addition to copies of your passport, naturalization papers, and accompanying paperwork.
Green Card Documentation Requirements for Adoptive Parents
If you’re petitioning on behalf of one or both of your adoptive parents, you’ll need to provide the USCIS with the following pieces of documentation:
- Your birth certificate.
- Certificate of adoption.
- A notarized statement that attests that you and your adoptive parents resided together including lists of addresses.
Please note that adult adoptions aren’t recognized by the USCIS for the purpose of applying for a green card. This means that your adoption needs to have taken place before the age of 16 in order for your petition to be accepted.
Let Us Help
Let us guide you through your immigration journey with expert care and dedication—contact us today to see how we can help you achieve your goals.
How To Apply For A Green Card For The Parents Of US Citizens
Once you’ve collected all of the necessary documentation and submitted it to the USCIS along with a completed Form I-130, you should receive a letter of approval within a few months. If the parent or parents you’re petitioning for live in the US already, you’ll also need to file Form I-485 (Application to Register Permanent Residence or Adjustment of Status) along with your Form I-130.
There also should be a consideration of how your parents will be supported financially. If you’re able to support them yourself, you can submit an affidavit of support to the USCIS. However, if your parents are already residing in the US, and they’re able to work, they will have the option of applying for a work visa through Form I-765.
At this point, the rest of the green card application process will be your parent’s responsibility to complete, though your support and the support of a family-based immigration lawyer will be essential. If you haven’t secured legal representation for the visa process, consider contacting Naya Immigration. We have years of experience helping adult children secure green cards, permanent residency, and citizenship through our network of tireless and hardworking immigration attorneys.
Parents’ Green Card Process
If your petition is approved by the USCIS, the next step your parents will need to take is to schedule an interview and complete the final stage of the application process. If your parent lives abroad, this will be done at a US embassy or US consulate. If your parent already resides in the US, they will need to schedule their interview with the National Visa Center (NVC). The interview will cover several things including:
- The accuracy of the statements in your paperwork
- Your parents’ required medical examination
- Your parents’ plans for citizenship (if applicable)
- Your parents’ financial status
- Issuing of a filing fee or confirmation that the filing fee is paid
Once the interview is conducted, and there are no remaining issues, your parents’ green cards will be sent by mail.
Green card lawyers are available for parents of US citizens in California
Securing a green card is far from being an overnight process. It will take months even years from the time of filing your I-130 petition to the moment your parents will be allowed to legally immigrate. Beyond the time constraints, attention to detail and an efficient working knowledge of the immigration system are essential for making sure your parents’ green cards are approved.
Why take a risk with such an important life change? If you need support in the realm of immigration law, Naya Immigration has your back. Our lawyers are familiar with the innerworkings of the green card process and we have a good understanding of the best way to present your parents’ case to the USCIS so that your family can be reunited as quickly as possible. Contact our law firm today for a consultation.
Disclaimer
The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.
Contact Us
Don’t let Immigration be complex and overwhelming, our experienced legal team is here to guide you every step of the way.
Contact us today to schedule your confidential consultation. Let us help you build your future.