How to Sponsor Parents for a Green Card

Family-based petitions are one of the most common ways in which foreign nationals can become lawful permanent residents of the United States. That privilege extends to parents of U.S. citizens. A son or daughter can sponsor parents for a green card.

This article provides of detailed overview for how a U.S. citizen can petition parents for a green card whether the parent is inside or outside the United States.

Eligibilty to Help a Parent Obtain a Green Card

To help a parent apply a green card, the eligibility requirements are generally very simple. As the son or daughter who wants to petition a parent, you must be a U.S. citizen and at least 21 years old. Although it gets a bit more complicated, this privilege also extends to certain step and adopted sons and daughters. The process begins by filing an immigrant visa petition for your parent. If both parents plan to immigrate, each will need their own petition. In order to file a successful petition, you'll need to meet these basic requirements:

• The petitioner (son or daughter) must be a U.S. citizen who is at least 21 years of age; and
• The parent must be a biological, step, or adoptive mother or father.

Unfortunately, permanent residents cannot petition a parent for a green card. The best solution is for the permanent resident to naturalize as a U.S. citizen and then submit a petition for the parent. To qualify as a step parent, the marriage must have occurred before the child turned 18 years of age.

File Form I-130 to Petition a Parent for a Green Card

By filing Form I-130, Petition for Alien Relative, with U.S. Citizeship and Immigration Services (USCIS), you are requesting that the government recognize your qualifying relationship with the parent and also requesting that a visa be reserved. When USCIS approves the I-130 petition, the government is acknowledging that there is a qualifying relationship and that a visa is available.

What’s more, immigration law defines parents of U.S. citizens as immediate relatives. Therefore, parents get priority as compared to other preference-based family relationships. There is no numerical limit on the number of immigrant visas issued each year for immediate relatives. In other words, there isn’t the long wait associated with other categories when you help your mother or father obtain permanent residence in the United States. Preference categories, on the other hand, can require several years to obtain a visa number as there are restrictions on the number of people that can obtain a green card through a preference category. Immediate relatives may also be exempt from certain issues. For example, an immediate relative who overstayed a visa can generally apply for a green card from inside the United States.

Submitting Proof of Qualifying Relationship

An important element of an immigrant visa petition package is the supporting documentation. This is the documentation or evidence that corroborates your answers in the petition. Therefore, it’s imperative to demonstrate with evidence that you have a qualifying relationship. Based on the specific type of relationship, the requirements vary.

If you are petitioning a mother, you will need to submit:

• A copy of your birth certificate showing your name and your mother’s name; and
• A copy of your naturalization certificate, citizenship certificate, or U.S. passport if you were not born in the United States.

If you are petitioning a father and you were born in wedlock, you will need to submit:

• A copy of your birth certificate showing your name and the names of both parents;
• A copy of your naturalization certificate, citizenship certificate, or U.S. passport if you were not born in the United States; and
• A copy of your parents’ civil marriage certificate.

If you are petitioning a father and you were born out of wedlock and were not legitimated by your father before your 18th birthday, you will need to submit:

• A copy of your birth certificate showing your name and your father's name;
• A copy of your naturalization certificate, citizenship certificate, or U.S. passport if you were not born in the United States; and
• Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21, whichever came first.

If you are petitioning a father, and you were born out of wedlock and were legitimated by your father before your 18th birthday, you will need to submit:

• A copy of your birth certificate showing your name and your father's name;
• A copy of your naturalization certificate, citizenship certificate, or U.S. passport if you were not born in the United States; and
• Evidence that you were legitimated before your 18th birthday through the marriage of your natural parents, the laws of your state or country (of birth or residence), or the laws of your father’s state or country (of birth or residence).

If you are petitioning a step mother or step father, you will need to submit:

• A copy of your birth certificate showing the names of your birth parents;
• A copy of your naturalization certificate, citizenship certificate, or U.S. passport if you were not born in the United States;
• A copy of the civil marriage certificate of your birth parent to your step-parent showing that the marriage occurred before your 18th birthday; and
• A copy of any divorce decrees, death certificates, or annulment decrees to show that any previous marriage entered into by your natural or step-parent ended legally.

If you are petitioning an adoptive parent, you will need to submit:

• A copy of your birth certificate;
• A copy of your naturalization certificate, citizenship certificate, or U.S. passport if you were not born in the United States;
• A certified copy of the adoption certificate showing that the adoption took place before your 16th birthday;
• A statement and evidence showing the dates and places you have lived together with your parent.

A complete set of I-130 instructions can be found on USCIS.gov or by using CitizenPath's Form I-130 preparation software. If you are helping both parents get a green card, you will need to file a separate Form I-130 for each parent.

Generally, most people can file the I-130 petition on their own. However, adopted petitioners that want to help a parent get a green card should consult with an experienced immigration attorney. The laws surrounding adoptive relationships are complex and can be best addressed by an attorney.

Paths to Sponsor Parents for a Green Card

Filing Form I-130 is just the first step to sponsor parents for a green card. When USCIS approves Form I-130, it's not the grant of permanent resident status (green card). It's simply the recognition by the U.S. government that you have a qualifying relationship.

Next, your parent must also apply for permanent residence. There are essentially two ways that your parent can apply for the green card:

Consular Processing
Parent is Living Outside the U.S.

If your parents are living abroad, they will have to wait until the Form I-130 is approved before starting the green card application process through a U.S. embassy or consular office. After USCIS approves the petition, they transition your case to an embassy or consulate after going through the National Visa Center. For a more detailed overview, visit our page on consular processing.

Adjustment of Status
Parent is Currently in the U.S.

If your mother and/or father are physically present in the United States (through a visa or other lawful means), they may be eligible to file a green card application while staying present. Your parent may only file the adjustment of status application for a green card if they are already in the U.S. For a more detailed overview, visit our page on adjustment of status.

It's important to note that foreign nationals should not enter the United States on a B-2 visa (or most other nonimmigrant visas) with the intent to adjust status. When United States grants a foreign national a tourist visa or some other nonimmigrant visa, it does so with the understanding that the visitor intends to return to the place of origin. However, if a foreign national uses a nonimmigrant visa as a way of gaining U.S. entry with the actual goal of adjusting status to permanent resident, the U.S. government considers this a visa violation. On the other hand, it is permissible to adjust status if the visitor enters with an intent to depart but then plans change during the course of the trip.