Are you worried about bringing your parents to the U.S as permanent residents? Or want them to become a green card holder? A little professional guidance can help you save time and money.

The Herman Legal Group has over 25 years of experience in working with U.S citizenship and immigration services. Our team is friendly, professional, and wants to help. Leverage their experience for your case.

Schedule a personal consultation with Attorney Richard Herman by calling 1- 800-808-4013 or 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, whatsapp, facetime, or in-office.

Is it possible to bring my parents to the US as permanent residents?

If you are at least a 21-year-old with a valid birth certificate from the United States, you can legally apply for a green card or a permanent residence for your parents. The U.S immigration laws give certain family members, including parents, the status of “immediate relatives.”

This means that the visa center places no restriction on the number of green card holders in this category. Thus, the green card application process becomes smothered with no waiting list for the green card approval process.

The process of obtaining a green card or a permanent resident is not too complicated. However, the condition is that the parent must be the legal parent of the person in accordance with U.S laws (natural or step-parent). The examples include

  1. A birth parent or natural parents
  2. Step-parents
  3. Adoptive father or mother
  4. Father of a child who was born out of wedlock but has not been legitimized
  5. Father of a child who was born out of wedlock and was legitimized before 18 years

The recent changes in the U.S citizenship and immigration services (USCIS) laws have made it harder for some parents to obtain a green card even if their child is a U.S citizen.

The public charge rule assesses if the parent has ever received state benefits in the past and will they likely receive them in the future? If they have received any benefits from the U.S government in the past, they might face difficulties obtaining a green card.

The application process of an immigration petition for your parent to become a permanent resident of the U.S or to get a green card

application process of an immigration petition for your parent

Image Source: Unsplash

The first step involves checking if your parents are admissible and eligible for the green card or permanent residence. Once the eligibility criteria are met, you can apply for their immigration. The form which has to be filled for both green card and permanent residency is called The form I-130, Petition for immigration..

You have to submit the form to USCIS once it is completed with the filing fee of $420. A separate form and filing fee are required for each parent seeking a green card. The form is available on the U.S citizenship and immigration services website, and it takes as low as three months to generally approve the form.

However, the filing fee and the submission of the form do not guarantee a green card status, and more documentation with some additional steps is needed to achieve it.

To save you time and money both, our team can fill I-130 form for you. Schedule a personal consultation with Attorney Richard Herman by calling 1-
800-808-4013 or 1-216-696-6170, or by booking online. Consultations can be
conducted by zoom, skype, whatsapp, facetime, or in-office.

Proof of an eligible relationship with the parent is required

Generally, the application for the I-130 petition by U.S Citizenship and immigration is approved if the relationship between the child and the parent is legal. However, there are slightly different requirements for each parent seeking to register permanent residence or looking for a green card.

Eligibility Terms and Conditions

Father:

  1. A completed Form I-130 required
  2. A copy of the parent’s civil marriage certificate
  3. Copy of your birth certificate with your official name and the names of your parents
  4. A copy of a U.S passport (If not born in the U.S) or a copy of the Certificate of Naturalization.

Mother:

  1. Completed Form I-130
  2. copy of your Certificate of Naturalisation or a copy of your U.S passport if you are not born in the U.S
  3. A copy of your birth certificate with your name and your mother’s name.

Step parent:

  1. Form I-130
  2. A copy of your birth certificate with the names of your birth parents
  3. A copy of your U.S passport or the certificate of naturalization if you were not born in the U.S
  4. A copy of any death certificates, annulment decrees, or divorce decrees to prove that the previous marriage or your parents ended legally
  5. A copy of the civil marriage certificate of your birth parent to your stepparent proving that the marriage occurred before you turned 18.

Adoptive parent:

  1. Completed I-130 form
  2. A copy of your birth certificate
  3. A copy of the adoption certification (Officially certified) proving that the adoption took place before your 16th birthday.
  4. A copy of your U.S passport or Certificate of Naturalization if you were not born in the U.S
  5. A statement showing the dates and places you have lived with your parents

Father (if you were born out of wedlock and were not legitimated by your father before you turned 18)

  1. Completed Form I-130
  2. Copy of your U.S passport or certificate of naturalization if you were not born in the U.S
  3. Copy of your birth certificate with your name and your father’s name
  4. Evidence that proves an emotional or financial bond that existed between you and your father before you married or reached the age of 21.

Father (if you were born out of wedlock and were legitimated by your father before your 18th birthday)

  1. Completed form I-130
  2. A copy of your U.S passport or certificate of naturalization if you were not born in the U.S
  3. A copy of your birth certificate with your name and your father’s name
  4. Evidence that proves that you were legitimated before turning 18 through the marriage of your natural parents, laws of your father’s state or country (of residence or birth), or the laws of your country or state (of residence or birth)

Filing of Form I-864 Affidavit of support for your parents.

When the collection of all the documentation is completed, you will need to file form i-864 affidavit on behalf of your parents. This form, I-864 is used to show that you have the financial backing ready to support your parents for a green card, and they won’t have to rely on the U.S government for financial aid once they become green card holders.

Form I-864 can either be filed from within the U.S by submitting it to the U.S Citizenship and Immigration Service or from outside the U.S by submitting the form to the department of state. There is no filing fee required in both circumstances.

Do u need help navigating complex immigration laws and procedures? We are happy to help you. The Herman Legal Group, founded in 1995, can help. The law firm is AV-
Rated and has been awarded the designation of “Best Law Firm” by U.S. News &
World Report. The firm serves clients nationwide and from around the world.

Preparation of green card application process 2022

After all the documentation is completed, and the Form I-864 is prepared, you are ready to prepare a green card application for your parents.

There are two different paths that can be taken for permanent residence. The documents required for each depend on whether your parents are currently in the U.S or not.

Let us help you take the stress and anxiety over the immigration process

Apply for Adjustment of Status- If your parents are currently in the U.S

You can apply for the adjustment of status for your parent if they are currently situated in the U.S. If you want your parents to apply for an Adjustment of status, you will have to file Form I-485, Adjustment of status, at the time or after you file Form I-130

If you file Form I-130 and Form I-130 concurrently, as long as the documents are approved, the green card processing time is reduced significantly in comparison with other methods.

You have to pay a filing fee of 1140$ initially and an additional 85$ as a biometric fee for filing I-485. Additional documents include your parent’s birth certificate, their national identification, and two passport-sized pictures

Let us put our skills to work for you. We can analyze your case, identify the
available options, and help you decide the safest, most cost-effective, and quickest
route to success

Applications for Consular processing- If your parent is located outside of the U.S

If you want to apply for the green card of your parent and they are located outside of the U.S, they will have to submit their permanent residence permit through the consular processing path to the U.S consulate or the U.S embassy. Under this process, your parent would have to wait until their form I-130 is approved by the USCIS.

After the application is approved, their immigrant petition will be sent to the National visa Center (NVC). Once the application is received by the NVC, they will send your parent a confirmation. The NVC will contact your parent as soon as a visa number becomes available. The next steps for your parents green card application are listed below.

#File Form DS-261

Your parent has to fill the Form DS-261 on the U.S department website as soon as they receive a visa number. The state department takes at least 2-3 weeks to process DS-261.

#Application processing and financial support form fees for the National visa center

When your parent’s DS-261 has been processed, they will have to pay a total of 445$ in fees online: 325$ as the state department’s application processing fee and a total of 120$ as the financial support form fee.

#Filing of Form Ds-260

After your parent has completed the filing of DS-261 and has paid their fees, they will now need to file Form DS-260. This form is the actual application for the green card. Just like the DS-261, an online application has to be submitted on the state department’s website.

Citizenship and immigration services

You need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration laws.

The Herman Legal Group, founded in 1995, can help. The law firm is AV- Rated and has been awarded the designation of “Best Law Firm” by U.S. News & World Report. The firm serves clients nationwide and from around the world.

Green cards Cost Breakdown

Here is the breakdown of total amount needed for your parents to obtain green cards.

  • I-130 costs 535$
  • ds-260 costs 325$
  • U.S immigration fee is 220$
  • I-864 affidavit costs 120$
  • Biometric fee is 85$
  • medical examination fees varies: around 300$
  • If the parent is in the country on non immigrant visa: 1140$ (I-485)
  • Total: 1585$- 2725$

Optional paperwork for Additional benefits

While your parents are waiting for the approval of their green cards, they can apply for additional benefits that the U.S government provides. Those benefits are:

  • Your parents can apply for authorization which will allow them to legally work in the U.S
  • Furthermore, they can apply for authorization which will allow them multiple entries in the U.S without visa

Just like previous steps, they will need to fill the required forms and submit supporting documents aswell. A little professional guidance can help you save money and time.

#Form I-765 (Application for employment authorization)

To work in the U.S legally, your parents need to fill and submit Form I-765, Application for employment authorization while they are waiting for their green cards. The filing fee for the work permit application is $410.

Once the application for the work permit is approved, an Employment authorization document will be issued by the USCIS. This document will then be submitted to employers as a proof that they can legally work. You can learn more about work permit for your parent here.

#Form I-131 (Application for travel document)

If your parents have applied for an adjustment of status green cards application and tend to travel around the world, they should consider filling Form I-131 (Application for travel document) This document is also known as “Advance Parole”

Advance parole is a legal document that will allow your parents to re-enter the U.S as many times as they want. Although, Customs and borders protection(CBP) has the authority to decide whether to allow them in the states but having Advance parole will increase their chances significantly

Can my parent apply for a permanent residency or a green card without a U.S birth certificate?

The short answer is YES, if certain conditions are met.

Since the process is time complicated and time-consuming, let us put our skills to work for you. We can analyze your case, identify the available options, and help you decide the safest, most cost-effective, and quickest route to success

Seek out counsel from the Herman Legal Group, a U.S. immigration law firm with over 25 years of experience in representing individuals, families, and companies in all aspects of immigration law, in all 50 states and around the world.

Schedule a consult with one of the experienced immigration lawyers at Herman Legal Group by calling 1-800-808-4013 or 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, whatsapp, facetime, or in-office.

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