U.S. citizens who are 21 or older can sponsor their parents on green cards, and we can help with that process. Parents are considered immediate relatives and so the process is quicker than petitioning for adult children or for siblings.
Here are some scenarios:
Parent entered U.S. legally and is still in the U.S.—maybe still in status or maybe not. Typically the U.S. citizen child can sponsor the parent for adjustment of status. All the forms and evidence can be filed together. The parent stays in the U.S. to complete this process.
Parent is not in the U.S.. Typically the U.S. citizen child can sponsor the parent by filing an I-130. Once the I-130 is approved and sent to the National Visa Center, the parent can file the DS-260 and other forms and documents.
Some complications:
Petitioners who file for their fathers may run into complications when the parents weren’t married when the Petitioner was born. They will need to submit additional documentation of the father/child relationship.
Parents who have illegally entered into the U.S. or who have overstayed and then left the U.S. may run into issues, depending on the specific facts of the case. Each of these kind of cases needs to be analyzed carefully before getting started.
Parents who entered illegally and brought their young children with them into the U.S. may run into issues and may need a special waiver.
Parents who have a minor child they want to bring with them. They may need to petition for the child themselves, after the parents obtain a green card.
What about petitioning for a green card for step-parents? A step-parent or even former step-parent who became a step-parent before the child turned 18 is typically eligible for their stepchild to petition for them. Extra evidence of the relationship will need to be provided if the step-parent has divorced the petitioning child’s mother. We regularly have existing clients who we’ve helped get a green card and citizenship return to us in order to petition their parents. We handle complex cases as well as more straight-forward cases. We’re happy to assist with the process regardless of whether you’re a new client or an old client.
