How to Help a Parent Get a Green Card

To assist a mum or dad get a inexperienced card, the eligibility necessities are usually quite simple. Because the son or daughter who needs to petition a mum or dad, you have to be a U.S. citizen and at the least 21 years previous. Though it will get a bit extra sophisticated, this privilege additionally extends to sure step and adopted little kids.

What’s extra, immigration regulation defines mother and father of U.S. residents as quick family. Due to this fact, mother and father get precedence as in comparison with different preference-based household relationships. There isn’t a numerical restrict on immigrant visas for quick family. In different phrases, there isn’t the lengthy wait related to different classes if you assist your mom or father get hold of everlasting residence in america. The method begins by submitting a visa petition on your mom or father.

Sadly, everlasting residents can’t petition a mum or dad for a inexperienced card. The very best answer is for the everlasting resident to naturalize as a U.S. citizen after which submit a petition for the mum or dad. Obtain a free information about Becoming a U.S. Citizen or begin Kind N-400, Software for Naturalization.

File Kind I-130 to Assist a Father or mother Get a Inexperienced Card

By submitting Kind I-130, Petition for Alien Relative, you’re requesting that the federal government acknowledge your relationship with the mum or dad and likewise requesting {that a} visa be reserved. When the I-130 petition is authorised, the federal government is acknowledging that there’s a qualifying relationship and {that a} visa is obtainable.

Luckily, mother and father of U.S. residents are thought-about quick family. It is a favorable classification in immigration regulation as there aren’t any limits on the quick family 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 get hold of a inexperienced card by way of a desire class.

RECOMMENDED: Household-Based mostly Immigration in america

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 (mum or dad). Due to this fact, it’s crucial to submit proof of a legitimate relationship. Based mostly on the precise kind of relationship, the necessities fluctuate. 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 will want to submit:

• A replica of your delivery certificates displaying your identify and your mom’s identify
• A replica of your Certificates of Naturalization or U.S. passport if you weren’t born in america

If you’re petitioning a father, you will want to submit:

• A replica of your delivery certificates displaying your identify and the names of each mother and father
• A replica of your Certificates of Naturalization or Citizenship or U.S. passport if you weren’t born in america
• A replica 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 will want to submit:

• A replica of your delivery certificates displaying your identify and your father’s identify
• A replica of your Certificates of Naturalization or Citizenship or U.S. passport if you weren’t born in america
• 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 will want to submit:

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

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

• A replica of your delivery certificates displaying the names of your delivery mother and father
• A replica of the civil marriage certificates of your delivery mum or dad to your step-parent displaying that the wedding occurred earlier than your 18th birthday
• A replica of any divorce decrees, loss of life certificates, or annulment decrees to point out that any earlier marriage entered into by your pure or step-parent ended legally

If you’re petitioning an adoptive mum or dad, you will want to submit:

• A replica of your delivery certificates
• A replica of your Certificates of Naturalization or Citizenship if you weren’t born in america
• An authorized copy of the adoption certificates displaying that the adoption happened earlier than your sixteenth birthday
• An announcement displaying the dates and locations you have got lived collectively together with your mum or dad

A whole set of I-130 directions could be discovered on USCIS.gov or through the use of CitizenPath’s Kind I-130 preparation software program. If you’re serving to each mother and father get a inexperienced card, you will want to file a separate Kind I-130 for every mum or dad.

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

Assist a Father or mother Get a Inexperienced Card

Submitting Kind I-130 is simply step one to assist a mum or dad get a inexperienced card. When the Kind I-130 is authorised, 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 mum or dad should additionally apply for everlasting residence. Immigration officers will solely overview the applying for everlasting residence after they authorised the I-130 petition. There are primarily two ways in which your mum or dad can apply for the inexperienced card. Your mum or dad should apply for everlasting residence by way of one of many following two paths:

Consular Processing – Father or mother is Residing Exterior the U.S.

If the mom or father that you’ve got petitioned resides overseas, she or he must wait till the Kind I-130 is authorised earlier than beginning the inexperienced card software course of by way of a U.S. embassy or consular workplace. This is called consular processing.

Adjustment of Standing – Father or mother is At present within the U.S.

If the mom or father that you’ve got petitioned is bodily current in america (by way of 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, Software to Modify Standing, concurrently the I-130 petition. When filed concurrently, the inexperienced card software might be processed extra rapidly. Your mum or dad might solely file Kind I-485 if she or he is already within the U.S. This is called adjustment of standing.

Your Father or mother Should Not be Inadmissible

No matter your mum or dad’s eligibility for everlasting residence, your mom and/or father additionally should additionally present that they’re not inadmissible to america. 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 point out enough revenue or belongings to help your mother and father at 125% of the U.S. poverty pointers (along with supporting your individual household). In case your mother and father can’t help themselves, this measure helps to make sure that they received’t depend upon authorities help. To see the present poverty pointers ranges, see Form I-864P.

• Well being

  Your mum or dad might be required to have a medical examination carried out by a USCIS designated doctor. The examination is required to determine that an applicant will not be a public well being threat reminiscent of a provider of a illness that presents a public well being threat, or having a harmful bodily or psychological dysfunction. See Form I-693.

• Immigration Violations

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

• Prison Document

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

If you happen to imagine that you simply mom or father could also be inadmissible for any purpose, contact an skilled immigration legal professional earlier than submitting any USCIS kind. A waiver could also be out there in sure instances.

Abandonment of Residence

A inexperienced card is meant for immigrants who intend to dwell in america completely. In any case, it is called a everlasting resident card. Thus, acquiring a inexperienced card on your mother and father will not be 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 mum or dad doesn’t intend to make the U.S. a everlasting residence, a inexperienced card could be revoked.

In case your mum or dad 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 possible 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, reasonably priced, step-by-step steerage by way of USCIS immigration purposes. People, attorneys and non-profits use the service on desktop or cellular machine to organize immigration types precisely, avoiding expensive delays. CitizenPath permits customers to strive the service without cost and supplies a 100% money-back assure that USCIS will approve the applying or petition. We offer help for the Petition for Alien Relative (Kind I-130), Adjustment of Standing Software (Kind I-485), the Citizenship Software (Kind N-400), and a number of other different USCIS types.

Word to Reader: This publish was initially printed on August 22, 2017, and has been modified with enhancements.