If you have legal status as an American citizen in the U.S, only then you can file a petition to bring your parents to live permanently in the states as permanent residents. However, if you are just a permanent resident of the U.S, by law, you can just bring your spouses or unmarried kids and those who are under the age of 21 years.
Is there any age limit for an American citizen to file a petition for his parents? Legally, the child should be at least 21 years of age to petition for their parents to live in the United States as permanent residents
Although the petition to bring family members ( specifically children to parents) is a common practice, it can cost a lot of time and money. You need the steady hand of an experienced immigration lawyer to navigate through the waters of U.S. immigration law.
Contact the Herman Legal Group, a U.S. immigration law firm with over 26 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 consultation with one of the experienced immigration lawyers at Herman Legal Group by calling at 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office.
Does US immigration law allow children to bring their parents to the United States as permanent residents?
The answer is YES, you can apply for a green card or obtain permanent residence for your parents living abroad if all conditions are met.
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.
The Herman Legal Group has over 25 years of experience in working with U.S. Citizenship & Immigration Service. The team is friendly, professional, and want to help. Leverage their experience for your case.
Things you should know before you file a parent petition
- The minimum age of the petitioner should be 21 years
- You should have sufficient resources to prove that you could financially support your parents or family members as a sponsor.
- If you are filing your parents’ petition for a green card, you cannot include foreign siblings. A separate request needs to be made for foreign siblings.
- If citizenship is obtained through the Special Immigrants Juvenile program, you are not eligible to file for a green card for your parents.
If you need to petition your parents, contact any of our attorneys. During the no-obligation consultation we offer, we evaluate your case and guide you through the entire process
What are the requirements to bring natural parents as a lawful permanent resident? (Mother or father)
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There are certain eligibility requirements that need to be fulfilled before you can file a petition to bring birth parents/ biological parents to the U.S. If the parents are living abroad, the US citizen child must show:
- A petition for alien relative(Form I-130)
- A copy of your U.S citizenship or your U.S passport if you were born outside the U.S
- A copy of your birth certificate with your name and your parents’ name to prove your relationship with them, only your mother’s name has to be shown if you are a natural child.
- A copy of your parents’ civil marriage certificate Sit down with the Herman Legal Group, experienced immigration
lawyers, and let them analyze the facts and come up with the best legal strategy.
If you need to petition your parents, contact any of our attorneys. During the no-obligation consultation we offer, we evaluate your case and guide you through the entire process.
Petition for Stepfather / stepmother ( with civil marriage certificate of the mother/ natural father)
If you want to file a petition for your adoptive parent in order to obtain green cards for them, to bring them to the states, you must submit:
- Form I-130 (Petition for Alien relative)
- A copy of the civil marriage certificate of your natural father or your mother with your stepfather or your stepmother. The documents must prove that their marriage took place before you turned 21 years old.
- A copy of your birth certificate that shows the name of your parents.
However, in case of death or divorce of the previous spouse of your stepmother or your stepfather, the respective document has to be shown. U.S law requires proof that the previous marriage between the adoptive parents was legally ended
Do you need help navigating complex immigration laws and procedures? We can help. Sit down with the Herman Legal Group, experienced immigration lawyers, and let them analyze the facts and come up with the best legal strategy
Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office.
What if the child was born out of wedlock and is recognized by the father?
If your parents live abroad (outside of the U.S), you were born out of wedlock and were recognized by your father before you turned 18, you must present the following documents:
- A form i-130 (Petition for Alien relative)
- You must submit a copy of citizenship/ naturalization or the U.S passport if you were born outside the United States
- A copy of your birth certificate with your name and the name of your parent as well as an adoption certificate.
- You have to show evidence that you were recognized before turning 18 through the marriage certificate of your parents in accordance with the laws of the country of residence or origin.
What if the child was born out of wedlock but is not recognized by the father?
If you were born out of wedlock, you are a son of a single mother and you were not recognized by your father before you turned 18, you must present:
- A Form i-130 (Petition for Alien Relative)
- If you were not born in the U.S, a copy of your citizenship/ naturalization or American passport
- The petitioner and the mother should provide a copy of the birth certificate
- proof of an economic link between either one of the parents and the petitioner, either before marriage or before turning 21 years of age.
Parents of a child serving in the military
If you are a US Citizen who is actively serving in the Military Forces of the US, a visa petition can be made for the parents through parole in place for a green card. While the legal procedure to adjust status is going on, a residence permit can be applied, which gives the parents living abroad a residence permit to live in the United States for one year, which is extendable.
Subsequently, work permits for the family member can be processed. In some scenarios, the parents can benefit from 245(i) immigration protection, in the case where a family petition is already filed.
This legal option is great for foreigners to become lawful permanent residents, without ever worrying about leaving the United States.
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.
What if The Family Sponsor’s Income Is Insufficient?
In certain cases, personal assets including property owned, stocks, bonds, and bank deposits might be taken into account while determining the financial capacity of the sponsor. However, with a condition that these assets must be sold and be converted into cash within a year.
These assets do not necessarily account when determining the total cash value, but rather act as a supporting affidavit. Another family member contributing to gathering the required cash requirement is permitted under US law.
contributing members can be of two types;
- A family member living at the same address, including a spouse, an adult child, brother or a father
- Under certain conditions, a joint member can be someone who is not a member of the family, nor does he/she who lives at the same address.
How To Check The Petition Of Children To Parents?
To determine how long a citizen child petition would take, use this USCIS tool. You can check out the estimated processing time for all applications, including the family immigration petitions.
Still confused? Follow these steps;
- Click the type of form you filed ( example form i 130) and the location of the office of the national visa center accountable for processing your case.
- The estimated processing times are shown
Can we appeal if a request is rejected?
The short answer is Yes!! if your green card application has been rejected, here is what you should do;
The procedure to appeal is generally explained within the denial notice sent by USCIS. A form Form EOIR-29 should be filed and the fees for appeal should be submitted. An EOIR-27 should be filed alongside. The agency after the completion of the processing of the appeal form, forwards the request to the Board of Immigration Appeals.
A small investment in seeking a consult can save thousands of dollars and years of frustration due to taking action without the advice of experienced immigration counsel.
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.
Other relatives that could apply for an immigrant visa by request of a US Citizen
- You Spouse.
- Unmarried children (under 21)
- Unmarried children (over 21 years)
- Married children.
- Children adopted abroad
- Siblings (over 21 years)
All these members are immediate, and thus should not worry about waiting time or the visa priority date
Contact the Herman Legal Group, a U.S. immigration law firm with over 26 years of experience in representing individuals, families and companies in all aspects of immigration law, in all 50 states and around
Petition to bring parents with no documentation
Is it possible to bring parents with no documents to the US to live permanently? Here are two possible scenarios, in case of applying for a green card for your undocumented parent or parents.
- If they entered legally through a port of entry and were admitted by an immigration officer with official immigration stamps on their passport, and are currently in the US illegally. in this case, a request can be filed for adjustment of status to obtain permanent residence.
- They illegally entered the borders of the United States and have somehow managed to illegally live in the US. In this case, an application for an immigration waiver for illegal presence can be filed.
Another option is to serve a penalty for illegal residence before being able to apply for a green card, the penalty could range from 3 to 10 years.
You might need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. Contact the Herman Legal Group, We are an award-winning
immigration law firm, founded in 1995, and experienced in all areas of immigration: family, employment, investor, deportation defense, citizenship
Can my parents hold valid green cards if they don’t want to live in the US all year round?
A green card to many is a gateway to easy travel and long visits to the US. However, the US immigration status is strict and requires green card holders to permanently stay in the US.
A common misconception is that after completion of a minimum amount of time, a person can avoid issues related to the abandonment of residence. This is far from reality, as the US border officials can deny entry and revoke your green card if they suspect that your real home is outside of the US
Usually longer trips of six months or more increase the probability for questions to be raised about your permanent residence.
Why hire an Immigration Attorney?
A consultation can bring peace of mind. The Herman Legal Group, founded in 1995, T serves clients in all 50 states and Canada, and throughout the world. Their team speaks over 12 languages, including Spanish, Arabic, Chinese, Russian, Serbian and
Schedule a consult with one of the experienced immigration lawyers at Herman Legal Group by calling 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office.