How to Help a Parent Get a Green Card

To assist a father or mother get a inexperienced card, the eligibility necessities are typically quite simple. Because the son or daughter who desires to petition a father or mother, you have to be a U.S. citizen and no less than 21 years previous. Though it will get a bit extra difficult, this privilege additionally extends to sure step and adopted little children.

What’s extra, immigration legislation defines mother and father of U.S. residents as instant relations. Subsequently, mother and father get precedence as in comparison with different preference-based household relationships. There is no such thing as a numerical restrict on immigrant visas for instant relations. In different phrases, there isn’t the lengthy wait related to different classes while you assist your mom or father receive everlasting residence in the US. The method begins by submitting a visa petition to your mom or father.

Sadly, everlasting residents can not petition a father or mother for a inexperienced card. The most effective answer is for the everlasting resident to naturalize as a U.S. citizen after which submit a petition for the father or mother. Obtain a free information about Turning into a U.S. Citizen or begin Kind N-400, Utility for Naturalization.

File Kind I-130 to Assist a Mum or dad Get a Inexperienced Card

By submitting Kind I-130, Petition for Alien Relative, you might be requesting that the federal government acknowledge your relationship with the father or mother and in addition requesting {that a} visa be reserved. When the I-130 petition is permitted, the federal government is acknowledging that there’s a qualifying relationship and {that a} visa is accessible.

Thankfully, mother and father of U.S. residents are thought-about instant relations. It is a favorable classification in immigration legislation as there aren’t any limits on the instant relations to acquire a inexperienced card. Choice classes, then again, can require a number of years to acquire a visa quantity as there are restrictions on the variety of individuals that may receive a inexperienced card via a choice class.

RECOMMENDED: Household-Based mostly Immigration in the US

Submitting Proof of Qualifying Relationship

Once more, the aim of submitting Kind I-130 is to determine the legitimacy of the connection between the petitioner (U.S. citizen) and the beneficiary (father or mother). Subsequently, it’s crucial to submit proof of a legitimate relationship. Based mostly on the precise kind of relationship, the necessities range. While you file the Kind I-130, Petition for Alien Relative, additionally, you will submit the next supporting documentation.

If you’re petitioning a mom, you have to to submit:

• A duplicate of your beginning certificates displaying your title and your mom’s title
• A duplicate of your Certificates of Naturalization or U.S. passport if you weren’t born in the US

If you’re petitioning a father, you have to to submit:

• A duplicate of your beginning certificates displaying your title and the names of each mother and father
• A duplicate of your Certificates of Naturalization or Citizenship or U.S. passport if you weren’t born in the US
• A duplicate of your mother and father’ civil marriage certificates

If you’re petitioning a father and also you have been born out of wedlock and weren’t legitimated by your father earlier than your 18th birthday, you have to to submit:

• A duplicate of your beginning certificates displaying your title and your father’s title
• A duplicate of your Certificates of Naturalization or Citizenship or U.S. passport if you weren’t born in the US
• Proof that an emotional or monetary bond existed between you and your father earlier than you have been married or reached the age of 21, whichever got here first

If you’re petitioning a father, and also you have been born out of wedlock and have been legitimated by your father earlier than your 18th birthday, you have to to submit:

• A duplicate of your beginning certificates displaying your title and your father’s title
• A duplicate of your Certificates of Naturalization or Citizenship or U.S. passport if you weren’t born in the US
• Proof that you simply have been legitimated earlier than your 18th birthday via the wedding of your pure mother and father, the legal guidelines of your state or nation (of beginning or residence), or the legal guidelines of your father’s state or nation (of beginning or residence)

If you’re petitioning a step mom or step father, you have to to submit:

• A duplicate of your beginning certificates displaying the names of your beginning mother and father
• A duplicate of the civil marriage certificates of your beginning father or mother to your step-parent displaying that the wedding occurred earlier than your 18th birthday
• A duplicate of any divorce decrees, demise certificates, or annulment decrees to indicate that any earlier marriage entered into by your pure or step-parent ended legally

If you’re petitioning an adoptive father or mother, you have to to submit:

• A duplicate of your beginning certificates
• A duplicate of your Certificates of Naturalization or Citizenship if you weren’t born in the US
• A licensed copy of the adoption certificates displaying that the adoption came about earlier than your sixteenth birthday
• A press release displaying the dates and locations you may have lived collectively together with your father or mother

An entire set of I-130 directions could be discovered on USCIS.gov or by utilizing CitizenPath’s Kind I-130 preparation software program. If you’re serving to each mother and father get a inexperienced card, you have to to file a separate Kind I-130 for every father or mother.

Typically, most individuals can file the I-130 petition on their very own. Nonetheless, adopted petitioners that wish to assist a father or mother get a inexperienced card ought to seek the advice of with an skilled immigration lawyer. The legal guidelines surrounding adoptive relationships are complicated and could be greatest addressed by an lawyer.

Assist a Mum or dad Get a Inexperienced Card

Submitting Kind I-130 is simply step one to assist a father or mother get a inexperienced card. When the Kind I-130 is permitted, it’s not the grant of everlasting resident standing (inexperienced card). It’s merely the popularity by the U.S. authorities that you’ve got a legitimate relationship.

Your father or mother should additionally apply for everlasting residence. Immigration officers will solely assessment the appliance for everlasting residence after they permitted the I-130 petition. There are primarily two ways in which your father or mother can apply for the inexperienced card. Your father or mother should apply for everlasting residence via one of many following two paths:

Consular Processing – Mum or dad is Dwelling Exterior the U.S.

If the mom or father that you’ve got petitioned resides overseas, she or he should wait till the Kind I-130 is permitted earlier than beginning the inexperienced card utility course of via a U.S. embassy or consular workplace. This is named consular processing.

Adjustment of Standing – Mum or dad is Presently within the U.S.

If the mom or father that you’ve got petitioned is bodily current in the US (via a visa or different lawful means), then later determined to use for a inexperienced card, she or he could also be eligible to file Kind I-485, Utility to Alter Standing, concurrently the I-130 petition. When filed concurrently, the inexperienced card utility will likely be processed extra shortly. Your father or mother could solely file Kind I-485 if she or he is already within the U.S. This is named adjustment of standing.

Your Mum or dad Should Not be Inadmissible

No matter your father or mother’s eligibility for everlasting residence, your mom and/or father additionally should additionally present that they’re not inadmissible to the US. In different phrases, they’ll have to exhibit that they don’t pose a hazard to U.S. society on monetary, well being, safety, immigration violation, or prison grounds.

• Monetary

  You’ll want to indicate enough earnings or property to assist your mother and father at 125% of the U.S. poverty tips (along with supporting your individual household). In case your mother and father can’t assist themselves, this measure helps to make sure that they gained’t rely upon authorities help. To see the present poverty tips ranges, see Kind I-864P.

• Well being

  Your father or mother will likely be required to have a medical examination performed by a USCIS designated doctor. The examination is required to determine that an applicant will not be a public well being danger similar to a provider of a illness that presents a public well being danger, or having a harmful bodily or psychological dysfunction. See Kind I-693.

• Immigration Violations

  Your father or mother’s immigration historical past will likely be reviewed. The appliance will probably be denied in case your father or mother has overstayed a visa by six months or extra, or in the event you father or mother has ever entered the nation unlawfully. The federal government will even search to find out if the father or mother’s visa (if relevant) has ever been misused.

• Prison File

  Your father or mother will definitely run into issues if she or he has dedicated sure crimes, like aggravated felonies, drug crimes, or acts of terrorism.

In the event you imagine that you simply mom or father could also be inadmissible for any motive, contact an skilled immigration lawyer earlier than submitting any USCIS type. A waiver could also be obtainable in sure instances.

Abandonment of Residence

A inexperienced card is meant for immigrants who intend to dwell in the US completely. In spite of everything, it is named a everlasting resident card. Thus, acquiring a inexperienced card to your mother and father will not be a great technique in order that they’ll make prolonged visits to the U.S. extra simply. If at any time the U.S. authorities believes that your father or mother doesn’t intend to make the U.S. a everlasting dwelling, a inexperienced card could be revoked.

In case your father or mother leaves the U.S., even for a short while, and upon return the Customs and Border Safety (CBP) officer believes that their actual house is outdoors the U.S., the officer can deny entry to the U.S. and revoke the inexperienced card. Journey outdoors the U.S. of six months or longer will probably elevate questions on residence. Journey of a 12 months or extra raises a presumption that they’ve deserted their residence.

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About CitizenPath

CitizenPath supplies easy, inexpensive, step-by-step steerage via USCIS immigration purposes. People, attorneys and non-profits use the service on desktop or cellular gadget to arrange immigration types precisely, avoiding pricey delays. CitizenPath permits customers to attempt the service free of charge and supplies a 100% money-back assure that USCIS will approve the appliance or petition. We offer assist for the Petition for Alien Relative (Kind I-130), Adjustment of Standing Utility (Kind I-485), the Citizenship Utility (Kind N-400), and several other different USCIS types.

Observe to Reader: This submit was initially revealed on August 22, 2017, and has been modified with enhancements.