Understanding How To Get Green Cards For Parents

Being separated from one’s parents or other loved ones in the United States can be extremely distressing. In the United States, the green card process can be based on family ties.

This means that US citizens can petition for their immediate family members to immigrate to the United States, while US permanent residents can petition for spouses, minors, and unmarried children aged 21 and above. However, green card holders cannot petition for green cards for parents to bring them to the United States.

If you want to immigrate with your parents, then talk with an immigration lawyer to take care of it for you. The green card pathway allows your parents to immigrate to the United States on a permanent basis, as long as you are eligible. Your parents can immigrate to the US, regardless of whether they are your step-parent or adoptive parent.

Green cards for parents allow parents to live, work, and, if desired, study in the US. Your parents can travel to and from the US for a set number of years. You must meet certain age, citizenship, and financial requirements to be eligible to sponsor your parents. Do you want to bring your parents into the US as permanent residents?

Or do you want them to become green card holders? Getting the right information can save you time and money.

Who is eligible to sponsor green cards for parents?

Generally, the eligibility criteria for assisting parents in applying for green cards for parents are quite straightforward. As the petitioning son or daughter, you need to be a citizen of the United States and you must be 21 years of age or older. However, it gets a little more complicated.

This privilege also applies to certain stepchildren and adopted sons/daughters. The process of assisting your parents in applying for an immigrant visa begins with filing a petition. If both of your parents plan on immigrating to the United States, each will need to file separate petitions.

This means that to file a petition for green cards for parents, you must meet the following criteria:

1. You must be a citizen of the United States.
2. You must be 21 or older.
3. The parents must be your biological, step, or adoptive parents.

Unfortunately, a green card holder cannot petition for green cards for parents. The best option is for such permanent residents to become American citizens and then file a petition on behalf of the parent.

Financial sponsorship

In addition, you must provide evidence that you have enough income to support your parents. For example, you must demonstrate that your household income is 125% above the federal poverty line for the size of your household. However, if the petitioner is unable to meet the income requirement, they may be able to enlist the help of a third-party sponsor.

Family-based applicants must remove the inadmissible public charge ground in order to be eligible for the green cards for parents. There is no easy way around this requirement, but it is the most straightforward way. To qualify as a sponsor of the green cards for parents, a family-based applicant must be able to remove a public charge ground.

The most straightforward way to meet this requirement is by submitting Form I-864. You will need to provide evidence of the sponsor’s income, which must be at least 125% of the federal poverty guidelines, based on the size of the household.

For those who are not ready to do this on their own, you can talk with an immigration lawyer to help you with an affidavit of support package. This package provides you with a personalized list of supporting documents.

Inadmissibility grounds

Once it is shown that the petitioner is an eligible sponsor, steps must be taken to prove that the petitioner’s parents are not barred from immigrating on the following grounds:

1. Financial reasons – To qualify for green cards for parents, you will need to show that you have enough income or assets to support your parents financially. Generally, your income must be at least 125% of the federal poverty guidelines (plus your family’s income). If your parents cannot afford to support themselves, this helps ensure that they don’t have to rely on government aid. Find out more about financial sponsorship, as well as current federal poverty guidelines by consulting an immigration lawyer.
2. Health or safety reasons – Your parents will need to undergo a medical exam by a licensed physician appointed by the US Department of Health and Human Services. The exam is necessary to confirm that an applicant does not pose a risk to public health, such as being a carrier of an infectious disease that poses a public health risk of having a serious medical or psychiatric condition.
3. Immigration violations – Your parents’ immigration status will be reviewed by immigration officials. Your parents’ application will most likely be denied if they overstayed their visa for six months or longer (and then left the US) or if they entered the country illegally. Immigration officials will also look to see if your parents’ prior visas (if any) have ever been abused.
4. Criminal records – Your parents will definitely face issues if they have been convicted of a crime. These could include an aggravated felony, a drug offense, or a terrorism-related crime.

In short, your parents must prove that they pose no risk to US society. If you think your mother or father might be ineligible for any of these reasons, get in touch with an experienced immigration lawyer. You should do this before you submit any USCIS application. In some cases, they may be eligible for a waiver.

When green cards for parents may not be a good option

The green card is designed for immigrants who want to stay in the US forever. So, getting a green card for your parents isn’t a great way to make it easier for them to visit the US more often. If at any point, your parents decide that they don’t want to make the US their permanent home, they can have their green card revoked.

If your parents leave the US, even for a few days, and when they come back, the CBP officer thinks that their “real home” is outside the US, they can be denied entry and have their green cards revoked. If your parents travel outside the US for six months or less, they are likely to be asked questions about their residence.

If they travel for more than a year, the presumption is that they have abandoned their residence.

The application process

Be sure you are an eligible sponsor and your parents are not ineligible.

1. File the I-130 petition.

Typically, the application for a green card for parents begins with the filing of form I-130 (Petition for Alien Relative). This form proves to USCIS that you have a real relationship with the individual you are filing the petition for.

If your parents plan on changing their status after immigrating to the US, you must include this information in form I-130 under option 1. This form can be completed online or downloaded, filled out, and mailed to any USCIS center near you.

2. Support your application.

In addition to your application, you will need to collect supporting documents that prove a valid family relationship.

Most of the time, if you are petitioning for a mother or a father who lives outside the United States, you are going to need a copy of their birth certificates, a copy of the petitioner’s US passport or naturalization certificates (if not born in the United States), and a copy of their civil marriage certificates (if you are only petitioning for a father).

When you speak with an immigration lawyer, you can find out what other supporting documents you might need based on your familial situation.

3. File an affidavit of support.

Once you have all the information you need to prove that you have an eligible relationship with your parent, you will need to file an affidavit of support (I-864) on your parent’s behalf. I-864 is used to show that you are prepared to provide financial assistance to your parents so that they do not have to rely on the US government for financial assistance after becoming a green card holder.

I-864 can be filed within the United States through USCIS or outside the United States through the Department of State (DOS). There is no fee for filing I-864. For additional information on how to file I-864, please refer to this USCIS guide.

4. Adjustment of status.

For those whose parents are currently residing in the United States, you can apply for the adjustment of status. This is done by filing form I-485 at the same time or after filing form I-130. If you file both form I-485 and I-130 at the same time, as long as your documents are approved, your green card processing time will be significantly shorter than with other methods.

Other documents include your birth certificate, your parent’s national identification, and 2 passport-sized pictures. Let Gehi and Associates analyze your case, determine your options, and help you choose the safest, most affordable, and fastest route to success.

It is important to note that foreign nationals don’t enter the US on a B-2 visa (or most of the time on a nonimmigrant visa) with the intent to “adjust status.” When a foreign national receives a tourist visa or similar nonimmigrant visa from the United States, the expectation is that they will return to their home country.

However, if the foreign national uses that visa as a means to gain entry into the US with the real intention to “adjust[status] to permanent residence,” the US government may view it as a visa offense. Of course, it is acceptable to adjust status if a visitor enters with the intent to leave but then changes their plans during the trip.

5. Consular processing.

If your parents are outside of the US, they will have to wait until USCIS approves form I-130 for them. Once USCIS approves the I-130 petition, they will let the National Visa Center know. The NVC will then send you and your parents a confirmation of approval and issue a visa number.

An immigrant visa number will not allow your parents to enter your country. Once your parents receive their visa numbers and are instructed by the US consulate in their home country, they will need to fill out form DS-261 online. Then, after a few weeks, they will be scheduled for an interview at their home country’s consulate.

Once the interview is successful, your parents will receive visa packets, which they are not supposed to open. They are expected to hand the packet over to a US customs and border protection officer at their entry point into the United States.

The officer will check the packet and decide whether to admit you to the United States. If you are admitted to the United States, the green cards for your parents will be sent to you within 45 days.

Get help!

Due to the intricacy of the green card application process, it is highly recommended that you seek the assistance of an immigration lawyer. At Gehi and Associates, our immigration lawyers are poised to help clients with their green card applications and are an excellent choice.

With years of experience assisting clients with their applications, our immigration lawyers can help you file the correct forms to avoid a visa refusal. A visa refusal can be very painful because of the time and effort required to file an application. It can also keep you away from your loved ones.

To avoid a visa refusal, contact us right away! If you would like to learn more about our services and see what we can do for you, please contact one of the immigration lawyers today!