Can My Mom Travel to the Us While Waiting for Green Card

To help a parent get a green card, the eligibility requirements are more often than not very simple. As the son or daughter who wants to petition a parent, you must be a U.Southward. citizen and at least 21 years former. Although information technology gets a bit more complicated, this privilege also extends to certain step and adopted sons and daughters.

What's more, immigration law defines parents of U.S. citizens as immediate relatives. Therefore, parents become priority as compared to other preference-based family unit relationships. There is no numerical limit on immigrant visas for immediate relatives. In other words, in that location isn't the long wait associated with other categories when yous aid your female parent or begetter obtain permanent residence in the U.s.. The process begins by filing a visa petition for your female parent or begetter.

Unfortunately, permanent residents cannot petition a parent for a green card. The best solution is for the permanent resident to naturalize every bit a U.Southward. citizen and and so submit a petition for the parent. Download a free guide almost Becoming a U.South. Citizen or beginning Form N-400, Awarding for Naturalization.

File Form I-130 to Help a Parent Get a Green Card

By filing Course I-130, Petition for Alien Relative, yous are requesting that the government recognize your relationship with the parent and also requesting that a visa be reserved. When the I-130 petition is canonical, the government is acknowledging that there is a qualifying relationship and that a visa is available.

Fortunately, parents of U.S. citizens are considered immediate relatives. This is a favorable nomenclature in immigration law equally in that location are no limits on the firsthand relatives to obtain a dark-green bill of fare. Preference categories, on the other hand, can require several years to obtain a visa number equally there are restrictions on the number of people that can obtain a green carte through a preference category.

RECOMMENDED: Family unit-Based Immigration in the United States

Submitting Proof of Qualifying Relationship

Over again, the purpose of filing Form I-130 is to institute the legitimacy of the relationship between the petitioner (U.S. denizen) and the beneficiary (parent). Therefore, information technology's imperative to submit testify of a valid relationship. Based on the specific blazon of human relationship, the requirements vary. When you file the Grade I-130, Petition for Conflicting Relative, y'all volition besides submit the following supporting documentation.

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

• A re-create of your nativity document showing your name and your mother'due south proper noun
• A copy of your Certificate of Naturalization or U.S. passport if y'all were not built-in in the U.s.

If yous are petitioning a begetter, you will demand to submit:

• A copy of your birth certificate showing your name and the names of both parents
• A copy of your Document of Naturalization or Citizenship or U.Southward. passport if you were not born in the U.s.a.
• A copy of your parents' civil marriage certificate

If you lot are petitioning a male parent and yous were born out of wedlock and were non legitimated past your father before your 18th birthday, you lot volition demand to submit:

• A copy of your birth document showing your proper noun and your father's name
• A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States
• Testify that an emotional or fiscal bond existed between you and your male parent before yous were married or reached the age of 21, whichever came first

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

• A copy of your nativity certificate showing your proper name and your father's proper name
• A copy of your Document of Naturalization or Citizenship or U.Due south. passport if you were not born in the United states of america
• Evidence that you were legitimated earlier your 18th birthday through the wedlock of your natural parents, the laws of your state or country (of nascency or residence), or the laws of your father's state or state (of birth or residence)

If y'all are petitioning a pace mother or step father, you will demand to submit:

• A copy of your birth certificate showing the names of your birth parents
• A copy of the civil marriage certificate of your birth parent to your step-parent showing that the matrimony occurred before your 18th birthday
• A copy of whatsoever divorce decrees, death certificates, or annulment decrees to prove that whatever previous marriage entered into by your natural or stride-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 Certificate of Naturalization or Citizenship if y'all were not built-in in the United States
• A certified re-create of the adoption document showing that the adoption took place before your 16th birthday
• A statement showing the dates and places y'all have lived together with your parent

A consummate fix of I-130 instructions tin can be establish on USCIS.gov or past using CitizenPath's Form I-130 preparation software. If you lot are helping both parents get a green card, you volition need to file a split 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 light-green card should consult with an experienced immigration attorney. The laws surrounding adoptive relationships are complex and can be best addressed by an chaser.

Help a Parent Get a Green Carte du jour

Filing Grade I-130 is just the first step to help a parent get a light-green card. When the Form I-130 is canonical, information technology's not the grant of permanent resident condition (light-green carte du jour). It's simply the recognition by the U.Southward. government that you have a valid human relationship.

Your parent must also apply for permanent residence. Immigration officials will only review the application for permanent residence subsequently they approved the I-130 petition. There are essentially two ways that your parent can apply for the greenish card. Your parent must apply for permanent residence through one of the following two paths:

Consular Processing – Parent is Living Outside the U.Due south.

If the mother or male parent that y'all take petitioned is living abroad, he or she will have to wait until the Form I-130 is approved earlier starting the green card awarding procedure through a U.Southward. diplomatic mission or consular office. This is known every bit consular processing.

Adjustment of Status – Parent is Currently in the U.Southward.

If the mother or father that you take petitioned is physically present in the United States (through a visa or other lawful means), so later decided to utilise for a green bill of fare, he or she may exist eligible to file Grade I-485, Awarding to Adjust Condition, at the same fourth dimension every bit the I-130 petition. When filed concurrently, the dark-green card application volition exist processed more quickly. Your parent may only file Form I-485 if he or she is already in the U.S. This is known as adjustment of status.

An Important Note Nigh Visa Fraud

When United States grants a strange national a tourist visa or another nonimmigrant visa, it does so with the understanding that the visitor intends to render to the place of origin. However, if a strange national uses a nonimmigrant visa every bit a fashion of gaining U.S. entry with the actual goal of adjusting status to permanent resident, the U.S. regime considers this visa fraud. In this circumstance, the regime may deny a light-green card based on the misuse of the nonimmigrant visa.

Your parent should not travel to the U.S. on a temporary visa with the intention of staying permanently to an aligning of status application. This is considered a misuse of the visa and the green card application may be denied.

Your Parent Must Non be Inadmissible

Regardless of your parent'due south eligibility for permanent residence, your mother and/or begetter as well must likewise bear witness that they're non inadmissible to the Usa. In other words, they'll need to demonstrate that they don't pose a danger to U.South. gild on financial, health, security, immigration violation, or criminal grounds.

• Financial

  You'll need to show sufficient income or assets to support your parents at 125% of the U.S. poverty guidelines (in add-on to supporting your own family). If your parents can't support themselves, this measure helps to ensure that they won't depend on regime aid. To see the electric current poverty guidelines levels, come across Form I-864P.

• Health

  Your parent will be required to have a medical examination conducted past a USCIS designated doc. The test is required to constitute that an applicant is non a public health gamble such equally a carrier of a disease that presents a public health take chances, or having a dangerous physical or mental disorder. Come across Course I-693.

• Immigration Violations

  Your parent'south clearing history volition be reviewed. The application volition probable be denied if your parent has overstayed a visa by six months or more, or if you parent has always entered the land unlawfully. The authorities will also seek to make up one's mind if the parent'south visa (if applicative) has ever been misused.

• Criminal Record

  Your parent will certainly run into bug if he or she has committed certain crimes, like aggravated felonies, drug crimes, or acts of terrorism.

If y'all believe that you mother or male parent may be inadmissible for any reason, contact an experienced immigration attorney before filing any USCIS form. A waiver may be available in sure cases.

Abandonment of Residence

A green carte is intended for immigrants who intend to live in the United States permanently. Later all, it is known equally a permanent resident card. Thus, obtaining a dark-green card for your parents is non a good strategy so that they tin make extended visits to the U.S. more easily. If at whatsoever time the U.S. government believes that your parent does not intend to make the U.S. a permanent dwelling, a green card tin can be revoked.

If your parent leaves the U.S., even for a brusk time, and upon return the Community and Border Protection (CBP) officer believes that their real home is outside the U.S., the officer tin deny entry to the U.Due south. and revoke the green card. Travel outside the U.S. of six months or longer will likely raise questions about residence. Travel of a yr or more raises a presumption that they have abandoned their residence.

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About CitizenPath

CitizenPath provides simple, affordable, stride-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to gear up immigration forms accurately, avoiding plush delays. CitizenPath allows users to try the service for free and provides a 100% coin-back guarantee that USCIS will approve the application or petition. We provide support for the Petition for Alien Relative (Class I-130), Aligning of Status Application (Form I-485), the Citizenship Application (Form North-400), and several other USCIS forms.

Notation to Reader: This mail was originally published on August 22, 2017, and has been modified with improvements.

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