If you’re a U.S. citizen aged 21 or older, you have the legal right to sponsor your parents for a family based green card, granting them permanent residency in the United States. This process is an invaluable opportunity to reunite families, offering your parents the chance to live, work, and thrive in the U.S. without legal restrictions.
While the process may seem straightforward, it involves multiple steps, documentation, and legal requirements. To ensure a smooth and efficient application process, it’s highly recommended to seek professional guidance from Linda Lee at The Immigration Law Office of Los Angeles, P.C.
Key Details at a Glance
Average Processing Time:
Approximately 14 months (as of February 2025) is the average processing time for the green card application process involving I-130 or I-130/I-485, though this can vary based on individual circumstances and government processing times. If abroad, you will want to budget another 8 to 12 months for Embassy Processing of the immigrant visa.
Application Costs:
$625 for online filing through the USCIS website, and $675 for traditional paper filing. Additional costs may include medical examination fees, translation services, and document procurement. I-485 fees are $1440. If Consular Processing, budget another $1,000. These forms and costs are part of the process for obtaining immigrant visas.
Required Forms:
- Form I-130: Petition for Alien Relative to establish your relationship.
- Form I-485: Application to Register Permanent Residence or Adjust Status (if your parent is already in the U.S.).
- Form I-864: Affidavit of Support to prove financial ability.
- Form I-693: Report of Medical Examination and Vaccination Record.
Benefits of a Green Card for Parents
Obtaining a green card for your parents offers numerous life-changing advantages:
- Permanent Residency:
- Your parents can live in the U.S. indefinitely without the need to renew visas or worry about overstaying. As lawful permanent residents, they can enjoy the stability and security of living in the U.S. permanently.
- They can reside anywhere within the U.S. and move freely between states.
- Work Authorization:
- They can work for any employer in the U.S., be self-employed, or start their own business without additional permits.
- They are entitled to the same labor rights and protections as U.S. citizens.
- Access to Social Services:
- Eligibility for Medicare (after five years of permanent residency).
- Access to social security benefits, public healthcare services, and possible eligibility for supplemental income programs.
- Travel Flexibility:
- Green card holders can travel abroad for up to one year without risking their residency status. For longer trips, a re-entry permit can be obtained.
- They can freely visit family abroad and return without the complexities of reapplying for visas.
- Pathway to Citizenship:
- After five years of permanent residency (or three years if married to a U.S. citizen), your parents can apply for U.S. citizenship.
- Citizenship offers additional benefits, including the right to vote and obtain a U.S. passport.
- Family Unity:
- Reuniting with parents allows families to support each other emotionally, financially, and socially.
- Being present for life milestones like weddings, births, graduations, and family holidays strengthens bonds.
- Property Ownership:
- Green card holders can purchase property, open bank accounts, invest in businesses, and plan for retirement.
- They can also inherit property from family members without restrictions.
- Educational Opportunities:
- Your parents can enroll in adult education classes, community college courses, or pursue advanced degrees.
- They may qualify for in-state tuition rates and certain financial aid programs.
Eligibility Requirements
To sponsor your parents for a green card, you must meet the following criteria:
- U.S. Citizenship:
- Only U.S. citizens aged 21 or older can sponsor their parents. Green card holders (permanent residents) cannot sponsor their parents until they naturalize.
- Proof of Relationship:
- You must provide legal documentation to prove your relationship with your parent, such as birth certificates, adoption papers, or other legal documents.
- If your parents are divorced or remarried, additional documentation may be required to verify the relationship.
- Financial Requirements:
- You must demonstrate that you have sufficient income to support your parents by submitting an Affidavit of Support (Form I-864).
- Your income must be at least 125% of the federal poverty guidelines for your household size.
Step-by-Step Application Process for Parents Living Abroad
- File Form I-130:
- Submit the Petition for Alien Relative to the U.S. Citizenship and Immigration Services (USCIS) to establish your relationship with your parent.
- Include supporting documents such as birth certificates, proof of U.S. citizenship, and identity verification.
- Receive Priority Date:
- After USCIS approves the I-130 petition, your parent will receive a priority date. This date determines their place in line for visa processing.
- Immediate relatives (parents of U.S. citizens) typically do not face long waiting times, as visas are readily available.
- Check Visa Availability:
- While visas for parents of U.S. citizens are generally available, certain countries may experience processing delays.
- Check the Visa Bulletin published monthly by the Department of State for updates.
- Choose Processing Method:
- Consular Processing: If your parent lives abroad, they will complete the process at the U.S. embassy or consulate in their home country.
- Adjustment of Status: If your parent is already in the U.S. legally, they can file Form I-485 to adjust their status without leaving the country. This can be filed concurrently with the I-130 petition, but seek experienced immigration counsel to evaluate pre-conceived immigrant intent issues prior to filing.
- Attend Green Card Interview:
- Both you and your parent will be required to attend an interview to verify the authenticity of your relationship and eligibility for the green card.
- Bring original documents and be prepared to answer questions about your family history.
- Receive Green Card:
- If approved, your parent will receive a green card, granting them lawful permanent resident status in the U.S.
- The green card is typically valid for 10 years and can be renewed or used to apply for citizenship.
Special Considerations
For Parents Already in the U.S.:
- They must maintain their current legal status while applying for an adjustment of status.
- Ensure concurrent filing of Form I-130 and Form I-485 to streamline the process.
- Overstaying a visa can complicate the process and may require legal intervention.
For Parents Living Abroad:
- The process involves consular processing, requiring interviews and medical exams at the U.S. embassy or consulate.
- Prepare for potential delays based on the consulate’s workload and your parent’s country of residence.
How to Apply for a Green Card for Your Parent Who Is In the U.S.
If you are a U.S. citizen aged 21 or older, you can sponsor your parents for a green card, granting them lawful permanent residency in the United States. Unlike other family-based green cards, there is no annual limit on the number issued to parents of U.S. citizens
1. Confirm Eligibility and Admissibility
Eligibility Requirements
To apply for a green card for your parent, you must be a U.S. citizen aged 21 or older. Your parent must fall into one of the following categories:
- Biological parent
- Adoptive parent (adoption finalized before your 16th birthday)
- Step-parent (married to your biological parent before your 18th birthday)
- Father of a child born out of wedlock (with proof of a relationship before the child’s 21st birthday)
Admissibility Criteria
Even if your parent is eligible, they must also be admissible to the U.S. Factors that can affect admissibility include:
- Public Charge Rule: If your parent has received public benefits or is likely to depend on government assistance, they may be inadmissible. Learn more about the Public Charge Rule.
- Criminal History: Certain crimes can make your parent inadmissible.
- Health Concerns: Contagious diseases or lack of required vaccinations can impact admissibility.
For a full list of inadmissibility factors, visit the USCIS website.
2. Submit Form I-130: Petition for Alien Relative
Once eligibility and admissibility are confirmed, file Form I-130 to start the green card process. This form establishes your legal relationship with your parent.
Steps to File Form I-130:
- Download the Form: Form I-130
- Filing Fee: $675 per parent.
- Processing Time: Typically 14 months.
- Where to Submit: Depending on where you live, mail the form to the appropriate USCIS address listed here.
3. Provide Proof of Your Relationship
USCIS requires evidence to confirm your relationship with your parent. The documents you need vary based on your situation:
If You Are Petitioning for Your… | Include These Documents: |
Mother | Birth certificate with both names, proof of U.S. citizenship (passport or naturalization certificate). |
Father (married to your mother) | Birth certificate, marriage certificate of parents, proof of U.S. citizenship. |
Father (born out of wedlock) | Birth certificate, proof of a relationship before turning 21, proof of U.S. citizenship. |
Step-parent | Birth certificate, marriage certificate of biological parent and step-parent (before age 18), proof of U.S. citizenship. |
Adoptive parent | Adoption decree (before age 16), proof of U.S. citizenship, statement of cohabitation history. |
For more details on supporting documents, visit USCIS Supporting Documents.
4. File Form I-864: Affidavit of Support
As the petitioner, you must prove that you can financially support your parent to prevent them from becoming a public charge.
Steps to File Form I-864:
- Download the Form: Form I-864
- No Filing Fee Required
- Proof of Income: Include tax returns, W-2 forms, or pay stubs.
For more guidance, review the USCIS Affidavit of Support Guide.
5. Prepare and Submit the Green Card Application
Depending on where your parent resides, you will follow one of two pathways:
A. Adjustment of Status (Parent in the U.S.)
- Form I-485: File Form I-485 to adjust your parent’s status.
- Filing Fee: $1,440.
- Supporting Documents: Birth certificate, government-issued ID, two passport photos, Form I-864.
B. Consular Processing (Parent outside the U.S.)
- Form DS-260: Submit this online immigrant visa application.
- Processing Fee: $325 for application, $120 for affidavit processing.
- Next Steps: After USCIS approval, the National Visa Center (NVC) will guide your parent through the remaining steps.
For more on consular processing, visit the U.S. State Department’s website.
6. Optional Forms: Work Authorization and Travel Permit
If your parent is applying from within the U.S., they can request:
- Form I-765: To obtain a work permit while the green card application is pending. Form I-765
- Form I-131: To apply for Advance Parole, allowing travel outside the U.S. without a visa. Form I-131
7. Complete the Medical Exam and Submit Form I-693
Your parent must undergo a medical examination by a USCIS-designated doctor.
Steps for the Medical Exam:
- Form I-693: Download Form I-693.
- Designated Doctors: Find a list of approved physicians here.
- Important: Submit the sealed medical report with the green card application or bring it to the interview.
USCIS Waives COVID-19 Vaccination Requirement:
- Starting January 22, 2025, applicants for adjustment of status to lawful permanent resident no longer need to provide proof of receiving the COVID-19 vaccination on their Form I-693, Report of Immigration Medical Examination and Vaccination Record. USCIS will not issue Requests for Evidence (RFE) or Notices of Intent to Deny (NOID) related to COVID-19 vaccination proof, nor will it deny applications based on the absence of this documentation.
- For the latest updates, visit USCIS’ official website.
8. Final Submission and What Happens Next
Adjustment of Status Applicants: Mail all forms and supporting documents to USCIS. Find the correct address here.
Consular Processing Applicants: Submit documents to the NVC as instructed after Form DS-260 approval.
After Submission:
- Receive Form I-797C: Confirmation of receipt from USCIS.
- Biometrics Appointment: Expect a notice within 2-3 weeks.
- Interview: Your parent will attend an interview at a USCIS office (if in the U.S.) or a U.S. consulate (if abroad).
For more on what to expect post-submission, visit USCIS Processing Steps
Challenges to Watch Out For
Age-In Issues:
- If the sponsoring child is close to turning 21, it’s crucial to initiate the process early to avoid complications. But do not file the I-130 petition until the child has already turned 21.
Quotas and Waiting Times:
- While immediate relatives are generally exempt from annual quotas, processing times can vary based on the applicant’s country of origin.
Criminal History or Immigration Violations:
- Any history of criminal activity or immigration violations may affect your parents’ eligibility. Seek legal advice if needed.
Financial Requirements:
- Sponsors must meet income requirements. Failure to meet these requirements could result in delays or denials.
Document Accuracy:
- Incomplete or inaccurate documentation can delay processing. Ensure all documents are translated (if necessary) and submitted correctly.
Choosing the Right Process:
- Deciding between consular processing and adjustment of status depends on your parent’s location and current legal status.
Cultural Adjustment:
- Moving to a new country can be challenging. Providing language support and cultural orientation can ease the transition.
Health Considerations:
- Medical exams and vaccinations are required as part of the green card process. Ensure your parents’ health records are up to date.
If You Were Born Out of Wedlock (Father Not Legitimated Before 18):
- Submit Form I-130.
- A copy of your birth certificate showing your name and your father’s name.
- If not U.S.-born, provide your Certificate of Naturalization or U.S. passport.
- Evidence of an emotional or financial bond with your father before you turned 21 or got married.
If You Were Born Out of Wedlock (Father Legitimated Before 18):
- Submit Form I-130.
- A copy of your birth certificate showing your name and your father’s name.
- Proof of legitimation before age 18 via marriage of natural parents or applicable state/country laws.
If Petitioning for a Step-Parent:
- Submit Form I-130.
- A copy of your birth certificate showing your birth parents’ names.
- A copy of your birth parent’s marriage certificate to your step-parent (must have occurred before your 18th birthday).
- Documents showing the legal termination of any prior marriages (divorce decrees, death certificates, etc.).
If Petitioning for an Adoptive Parent:
- Submit Form I-130.
- A copy of your birth certificate.
- If not U.S.-born, include your Certificate of Naturalization or U.S. passport.
- A certified copy of the adoption certificate showing the adoption occurred before your 16th birthday.
- A statement listing the dates and places you lived with your adoptive parent.
Note: If your or your parent’s name has changed, include legal proof (e.g., marriage certificate, court order).
Employment Authorization (Work Permit)
- If Your Parent is Outside the U.S.:
- Upon arrival, their passport will be stamped to allow them to work in the U.S. until their Green Card arrives.
- If Your Parent is in the U.S. and Adjusting Status:
- They can apply for a work permit using Form I-765 (Application for Employment Authorization).
- They can also apply for travel authorization using Form I-131 (Application for Travel Document).
Important Notes About Family Members
- Minor Children Abroad (Your Siblings):
- Cannot be included in the same petition. Visit the Bringing Siblings to Live in the United States as Permanent Residents page for more details.
- Once your parent becomes a permanent resident, they can file separate petitions for qualifying relatives.
What If My Petition Is Denied?
If your petition is denied, the denial letter will provide:
- Instructions on how to appeal.
- The deadline for filing the appeal.
Once you submit the appeal and the required fee, it will be reviewed by the Board of Immigration Appeals.
Frequently Asked Questions (FAQ)
Many questions arise for all dual citizens in the nation. Here are some helpful answers to all these frequently asked questions considering real-world issues.
General Eligibility
Required Documentation
Income Requirements and Affidavit of Support
Application Process and Timelines
Medical Examination and Interview
Legal and Special Situations
Troubleshooting and Common Issues
Legal Assistance for a Smooth Process
Navigating the green card process can be complex and time-consuming. Consulting with an experienced immigration attorney such as Richard Herman can help streamline the process, ensuring that all requirements are met and increasing the likelihood of a successful outcome. Our team can assist with document preparation, legal advice, and representation during interviews.
Seek out counsel from the Herman Legal Group, a U.S. immigration law firm with over 25 years of experience representing individuals, families, and companies in all aspects of immigration law, in all 50 states and around the world.
Reunite with Your Loved Ones—Start the Green Card Process Today!
Useful Forms and Resources
- Form I-130 – Petition for Alien Relative
- Form I-485 – Application to Register Permanent Residence or Adjust Status
- Form I-765 – Application for Employment Authorization
- Form I-131 – Application for Travel Document
- Form I-864 – Affidavit of Support Under Section 213A of the Act
- Form I-751 – Petition to Remove the Conditions of Residence
- Form I-824 – Application for Action on an Approved Application or Petition
- Form I-129F – Petition for Alien Fiancé(e)
Additional Resources
- Consular Processing
- Concurrent Filing of Form I-485
- Green Card (Permanent Residence) Information
- Adjustment of Status for Military Families
For further assistance, visit the USCIS website or consult with an immigration attorney for
Legal References
For additional legal details, review:
- INA 201(b)(2)(A)(i) – Immediate Relatives
- INA 212(a) – Inadmissibility Grounds
- INA 245 – Adjustment of Status
- 8 CFR 245 – Regulations on Adjustment of Status
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