Helping Parents Immigrate to the U.S.

Only U.S. citizens who are 21 or older can file for their parents. In your petition, you will have to prove your parent-child relationship. If you gained your permanent residence and citizenship through adoption, you can not sponsor your natural parents.

Filing a relative petition and proving a qualifying relationship is the first step to obtaining a green card for your parents. With an approved petition, your parents can immediately apply for an immigrant visa at the U.S. Consulate where they live, or if they are already in the United States in another legal status, they can apply for Adjustment of Status with U.S. Citizenship & Immigration Services (USCIS). There is no waiting line for a U.S. citizen’s parent, spouse, or unmarried child under age 21.

U.S. citizens may petition for spouses, parents, children, sons and daughters, and brothers and sisters. Lawful permanent residents may petition for spouses, children, and unmarried sons and daughters. Only these close relationships qualify for family-based immigration petitions.

A separate petition must be filed on behalf of each person who qualifies as your direct relative, including your brothers and sisters.

For example: To sponsor your mother and father, file a separate petition for each. If they have other children—your brothers and sisters—also file separate petitions for each of them.

The law gives special standing to a U.S. citizen’s husband or wife, unmarried children under 21, and parents.

• There is no waiting list for immigration for these relatives.
• The Department of State will invite them to apply for an immigrant visa as soon as we approve your petition. In some cases, the petition can be filed outside the U.S., directly at the U.S. Consulate.
• If they entered legally and are currently in the U.S. (and meet certain other requirements), they may be able to file applications to adjust to permanent resident status.

By itself, the approved petition does not let your parent come to the United States. Your parent should wait outside the U.S. to obtain an immigrant visa and enter the U.S. legally. However, if your parent is already in the U.S. after having entered legally (and in certain other circumstances), and applies for permanent residence when you file your petition, then your parent may, with certain exceptions, remain in the U.S. while USCIS processes their application for permanent residence.

Under the law, every person who immigrates based on a relative petition must have a financial sponsor. If you file a petition for your parents, then when the time comes, you must agree to be his or her financial sponsor and file an affidavit of support. If you do not meet the financial qualifications, then other individuals (co-sponsors) will also have to make this commitment.

General instructions are included with the I-130 relative petition, and USCIS posts updates and fees on its website. The I-130 petition is a legal case and mistakes or misrepresentations can jeopardize your relatives chances of ever immigrating to the United States.

You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the petition is complete and includes all of the necessary evidence to support your relatives eligibility.

After your petition is filed, USCIS will mail you an official receipt so you can track the processing of your case. If your petition is incomplete, USCIS may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays.

Normally, when USCIS approves the petition, notice will be sent to the U.S. State Department’s National Visa Center (NVC). The NVC will notify you and your parent, inviting him or her to apply for an immigrant visa at the nearest U.S. Embassy.

Processing time depends on a number of factors. You can check USCIS current processing times on our website.