To petition for your parents (mother or father) to live in the United States as Green Card holders, you must be a U.S. citizen and at least 21 years old. Green Card holders (permanent residents) may not petition to bring parents to live permanently in the United States.
Eligibility
The table below describes what steps you must take to petition depending upon your circumstances:
If you are a U.S. Citizen who is at least 21 years old, and your… | Then you must submit... |
---|---|
mother lives outside the United States, |
|
father lives outside the United States, |
|
father lives outside the United States and you were born out of wedlock and were not legitimated by your father before your 18th birthday, |
|
father lives outside the United States and you were born out of wedlock and were legitimated by your father before your 18th birthday, |
|
petition is filed to bring your step-parent to live in the United States, |
|
petition is filed to bring your adoptive parent to live in the United States, |
|
Note: If your name or your parent’s name has changed, please include proof of the legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.)
After Filing Your Petition
You will be notified by USCIS if your Form I-130 petition is approved or denied. If it is approved and your parent is outside the United States, he or she will be notified to go to the local U.S. consulate to complete visa processing.
If your parent is currently in the United States, he or she may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130.
Employment Authorization (Work Permit)
Your parents do not need to apply for employment authorization (work permit) once they are admitted as an immigrant with their immigrant visa. If your parents are now outside the United States, they will receive a passport stamp upon arrival in the United States. This stamp will prove that they are allowed to work in the United States until their Permanent Resident Card is received.
If your parents are in the United States and have applied to adjust to permanent resident status by filing Form I-485, they are eligible to apply for employment and travel authorization while their case is pending. Your parents should use Form I-765, Application for Employment Authorization and Form I-131, Application for Travel Document, to apply for travel authorization. The fee for Form I-485 also covers Form I-765 and Form I-131 until a decision is made on the application to adjust status.
Note: If your parents have minor children abroad, those children (your siblings) cannot be sponsored on the same petition. After your parent becomes a permanent resident, he or she may file a new petition for any qualifying relative.
My Petition was Denied: Can I Appeal?
If the visa petition you filed is denied, the denial letter will tell you how to appeal and how much time you have to file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals.
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NOTE: The above information does not address the specific requirements for any given case and is not a substitute for the advice of an attorney.
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