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Last Updated On: January 30, 2024 | Published On: December 5, 2023
The U.S. may be where you live, but often your home will always be where your parents live. So if you want to make the U.S. feel more like home, this parent green card guide will get you closer to nostalgic meals, loving embraces, unsolicited life advice, comments about your friends, and all the other things that come with parents. It’s never been easier to bring your parents to the U.S. with VisaNation’s exclusive service. Get started today, and start the immigration process that will reunite your family.
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Increase Your Parent Green Card Approval Chances with VisaNation
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Only U.S. citizens who are at least 21 years old can petition for a parent green card.
Families look different across the globe, and fortunately, USCIS allows for different kinds of families to reunite. For example, adopted parents and step-parents can get a parent green card.
When the Supreme Court decided the Defense of Marriage Act was unconstitutional, the court ordered USCIS to treat same-sex marriages the same as heterosexual marriages for immigration. This allows same-sex parents to acquire a parent green card. Keep reading to learn how to apply for a green card for parents and navigate the I-130 supporting documents for parents.
All the forms mentioned above need supporting documentation. We’ve noted the generally required ones below to help you organize them easily.
Immigration can be a daunting process for someone who is doing it for the first time. With numerous forms and documents to submit, mistakes can be very costly. VisaNation makes the entire process easy and fast! Create your application today!
A smooth and successful application requires that you have a firm grasp of all the necessary documentation. Whether you are a U.S. citizen or a lawful permanent resident, understanding the process required to secure a parent’s green card will help you navigate this immigration procedure with confidence. There are a few key forms that will pave the way to reuniting with your loved ones and provide them with the opportunity to establish a permanent and cherished home in the United States.
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Complete Your Green Card Application in Just 90 Minutes.
Form I-130 is the foundation for any family-based green card petition. Only you can fill out and submit the form. The purpose is to demonstrate the legitimacy of your relationship between yourself and your parents, along with providing background information about yourself and your parents. Not sure if Form I-824 is right for you? VisaNation prepares all the necessary forms for you. Get started today!
If you’re sponsoring more than one parent, you must fill out an I-130 for each parent.
The I-130 covers information about yourself, including address history, employment history, marital history, immigration status, demographic data, and physical details. The other part of the I-130 covers information about your parents, including name and history of name changes, address, immigration information, marital history, history of entry into the U.S., and employment history.
If an interpreter helps you fill out the form, they must provide their information and sign the I-130. If someone else helped you prepare the form, they must also provide their information and sign it. If you need further assistance with your forms, consult with an immigration attorney.
If your parents are abroad, they need to wait for your USCIS to approve the I-130 and fill and submit DS-260 and DS-261. File DS-261 with the National Visa Center, which gives USCIS your parents’ necessary information and how to contact them. DS-260 is the online visa application.
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Bring Your Parents to the U.S.
They supported you most of your life, and now it’s time to prove to USCIS that you can support your parents. Form I-864 lets the government know that you have the means to help your parents financially.
You need to have enough income to reach at least 125 percent of the Federal Poverty Guideline to prove to the government that you can support your parents. The exact number changes yearly as the guideline changes and changes depending on your household’s size. You must include each parent and past immigrant that you’ve sponsored into your household size along with the family that is already living with you.
When filling out the form, provide basic name and address information about yourself and your parents, your household size, employment and income information, and asset information. Processing time can be much longer if Form I-864 is completed incorrectly. For no extra fees, your VisaNation application is reviewed by an immigration attorney and checked for accuracy. Start your application today!
If your parents are in the country with a nonimmigrant visa such as a B-1, B-2, or H-1B, they should fill out and submit form I-485 to adjust their status as long as they entered the United States legally. Parents in the U.S. who came without an inspection at a port of entry will need to seek applicable waivers. If USCIS approves the waiver, they will go through the green card process as if they are applying from abroad, including doing the green card interview at their respective embassy or consulate in their home country.
Each parent must fill out I-485 if they each have a nonimmigrant visa while in the country. When filling out the form, they will answer questions regarding address and employment history, marital history, family information, criminal history, details about any security and espionage activity, information about any U.S.-based affiliations and memberships, immigration violations details, public charge details, and necessary contact and biographical information.
After years of telling you to eat your vegetables, it’s time to see how your parents are doing health-wise with the required physical and mental evaluation (medical examination) for form I-693. An approved physician must do the exam, and the results come sealed with a letter stapled on it. Therefore, it is essential not to open the sealed packet.
USCIS’s Find a Doctor tool is an excellent resource for finding an approved doctor within the U.S. Parents applying from abroad should visit the State Department’s website to select their nearest embassy or consulate and see the list of the approved physicians in their respective countries.
Along with the mental and physical evaluation, there is a drug and alcohol screening, medical history review, and tests for different diseases. The physician will also go over your parents’ immunization records, past chest x-rays, and any treatment plans they may have with their doctor.
Before going through the entire green card process, it is essential to know that some health issues will most likely make your parents inadmissible at the outset, including:
If you’re aware of either of your parents having any of the conditions, it is essential to consult with an immigration attorney about your options. Also, other diseases or disorders might not be grounds for inadmissibility alone, but the government can use them in conjunction with other grounds for inadmissibility.
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Get Green Cards for Your Parents with VisaNation
USCIS requires an I-130 for all parent green card situations. However, USCIS might need additional documents depending on which parent is the beneficiary.
Also, if you or your parents had any name changes, you must submit proof of the legal name change. The most common reason for application delays or denials is the absence of appropriate paperwork. With VisaNation Select, we ensure that all of the relevant documents and forms are submitted right the first time. Create your account today!
Fees to bring your parents to the U.S. vary depending on the situation but start at $1,285. Below is a breakdown of the basic fees.
After the National Visa Center has the required documents, they will set up an interview with your parents. If your parents live abroad, the interview occurs at the nearest embassy or consulate. For parents already in the country on a nonimmigrant visa, their interview will occur at the closest USCIS field office.
The purpose of the interview is to confirm the relationship you have with your parents, go over your parents’ necessary information, and ensure the accuracy and validity of the documents submitted in the green card application process. Consult your immigration attorney to learn which questions the government typically asks during the interview for a green card for parents.
Compared to other green cards and visas, the parent green card has a fast processing time due to it being considered an immediate-relative green card. This is partly due to no annual limit on the amount of immediate-relative green cards the U.S. will accept. Therefore, if your parents are present in the United States and entered after being inspected at a port of entry, they may be able to submit the I-485 application along with the I-130.
The I-130 is one of the forms that take the longest to process. It can be as low as 4.5 months to as high as 14 months. You can always check the latest processing times for your I-130 by the service center.
After USCIS approves the green card, your parents have six months to enter the U.S.
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Getting Parent Green Cards is Easy and Simple with VisaNation
Is a biometric service appointment required?
In some cases, USCIS can require a biometric service for providing fingerprints, gathering additional information, background checks, etc. USCIS will notify you by mail—if this is needed—after it receives your petition.
Who can not file Form I-130?
According to USCIS, you cannot file Form I-130 for a natural parent if you “gained lawful permanent resident status or U.S. citizenship through adoption or as a special immigrant juvenile.” Similarly, you cannot file Form I-130 for an adoptive parent or adopted child “if the adoption took place after the child turned 16 years of age, or if the child has not been in the legal custody and has not lived with the parents for at least two years before filing the petition.” It is important to know the complete list of conditions that exclude eligibility for filing Form I-130.
Can parents stay permanently in the United States?
You can petition to bring your parents to stay permanently and work in the United States if you are a U.S. citizen and at least 21 years old. However, as a lawful permanent resident, you are not eligible to petition for your parents to live permanently in the U.S.
How do I obtain a birth certificate for a green card?
As part of the process of getting a green card, and specifically to meet the I-130 requirements, you will need to submit a copy of your birth certificate that proves the relationship between you and your parents. The beneficiary (parents) will also need to supply certified copies of their birth certificates. If you (the sponsor) were born in the United States, you can obtain a copy of your birth certificate from the vital records office from the state you were born. If you were born overseas, you can get a copy of your birth certificate from the government agency in your home country. This U.S. Department of State site allows you to find the issuing authority by filtering it by country in the upper left-hand corner. Select the “Birth, Death, Burial Certificates” tab in the drop-down menu.
What happens after I file Form I-130?
USCIS will notify you if your Form I-130 is denied or approved. If it is approved and your parents reside outside the U.S., the State Department will notify them to go to a U.S. consulate in their country to complete the processing. Should your parents be in the United States, they can be eligible to file Form I-485 Application to Register Permanent Residence or to Adjust Status simultaneously with Form I-130. Consult your lawyer about the best course of action. Was your visa petition denied? You can appeal it.
Is the processing time shorter if I file Form I-485 concurrently with Form I-130?
Yes, this speeds up the process compared to other filing avenues, assuming the I-130 gets approved.
How long does it take for the U.S. State Department to File Form DS-261?
It typically takes two to three weeks, although additional backlogs may exist.
Can my parent travel outside of the U.S. while their Adjustment of Status Green Card application is waiting to be approved?
They can, but they should apply for Advance Parole Form I-131. Having this permission in hand will facilitate easier re-entry into the U.S. when they want to come back from overseas.
Are my parents required to get a medical exam?
They will need to get one plus the required vaccines from a USCIS-designated doctor. If they are outside of the country applying for a Green Card via Consular Processing, they should use a Department of State physician. They can identify one by contacting the U.S. Embassy/Consulate near them.
What do I do if my parents can’t find their birth certificate?
Instead of presenting the birth certificate, the U.S. Citizen’s parent must furnish a minimum of two affidavits affirming the parent’s date of birth, alongside supplementary evidence such as school leaving certificates, school records, Driver’s License, or any other valid Government-issued documents.
What do I do if my parents can’t find their marriage certificate?
Two marriage affidavits will be required, from relatives, friends, or other individuals who attended the wedding. These sworn statements provide valuable testimony affirming the authenticity and legitimacy of the marriage. Additionally, supporting evidence, such as personal, business, or government records reflecting the couple’s marital status, should be included to further strengthen the application.
Should I hire a lawyer if I don’t know how to apply for a green card for my parents?
Yes, you should hire a professional immigration lawyer to obtain a green card for parents. Enlisting the help of an experienced attorney can ensure your parents have the highest chance of being approved and joining you in the United States.
While this guide will help you prepare for the long and strenuous process of getting a green card for your parents, a mistake in your petition can be costly and lead to delay or denial. An experienced family-based green card attorney is the best guide for the process. VisaNation Law Group's highly experienced green card immigration attorneys will help you file your petition. With their expertise in the field, they will help you avoid the common immigration pitfalls.
Tags: Affidavit of Support, Green Card Interview, parent green card