Petition for Parents
Guiding U.S. Citizens in Sponsoring Parental Green Cards
U.S. citizens have the privilege to sponsor their parents, including biological and stepparents under specific conditions, for permanent residency in the United States. Being classified as Immediate Relatives, this pathway offers significant advantages, particularly if the parent has previously had unauthorized work in the U.S. or overstayed a non-immigrant visa.
The journey towards securing a green card for a parent begins with the U.S. citizen filing Form I-130, the Petition for Alien Relative. This form establishes the familial relationship and kickstarts the immigration process. More details on Form I-130 can be accessed on the USCIS website.
For parents residing outside the U.S., the Consular Process is the next step following the approval of Form I-130. The petition then moves to the National Visa Center, where the U.S. citizen takes on the role of a financial sponsor.
Eligible parents currently in the United States can opt for concurrent filing, applying for a green card (Form I-485) simultaneously with the I-130 petition. The U.S. Citizenship and Immigration Services (USCIS) may choose to conduct an immigration interview as part of this process. Successful concurrent filing leads to the issuance of a 10-year permanent green card for the parent.
In both concurrent filing and consular processing scenarios, the U.S. citizen petitioner must fulfill the role of a financial sponsor. This involves submitting an Affidavit of Support (Form I-864) to demonstrate the ability to financially support the parent in the United States. If the petitioner’s income is insufficient, adding a joint sponsor to the case is an available option.
USCIS officers are adept at identifying issues that could lead to petition or application denials. Challenges such as the petitioner being born out of wedlock, criminal records, or previous immigration law violations can significantly impact the case. Therefore, consulting with a qualified immigration attorney is crucial before filing a parental petition to navigate these complexities effectively.
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