How to file for a parent immigration
As a U.S. citizen or permanent resident, one of the best gifts you can give is to bring your parents to the U.S. to live there permanently. The process of immigrating as a parent is complicated, but it lets families get back together and work toward their American dream. To file a petition for parents’ immigration, you need to plan ahead, have the right paperwork, and be patient throughout the legal process.
This complete guide covers everything you need to know about parent immigration, from figuring out if you qualify to dealing with any problems that may come up. We’ll give you all the information you need to move forward with confidence, whether your parents came to the country legally or you’re wondering, “How can I fix my parents’ papers if they came here illegally?”
Getting your parents’ permanent residency status requires filling out a lot of forms, providing supporting documents, and dealing with the government. But with the right help and knowledge of what needs to be done, thousands of families finish this process every year.
Understanding the Requirements for Parent Immigration
Sponsor Requirements
As the petitioner, you must meet certain requirements in order to file Form I-130 for your parents. Only U.S. citizens can ask for their parents to come to the U.S. Permanent residents (green card holders) cannot help their parents get a visa. You must be at least 21 years old and have proof of your U.S. citizenship that is still valid.
Being financially responsible is very important in the petitioning process. You will need to fill out Form I-864 (Affidavit of Support) as the sponsor. This shows that you can support your parents financially at 125% above the federal poverty line. This rule makes sure that your parents won’t have to rely on public assistance.
Requirements for Parents
This petition is open to your biological or adoptive parents. If you’re asking for a stepparent, they have to have married your biological parent before you turned 18. The parent-child relationship must be clearly established through official documentation.
There are no age, education, or English language requirements for parents. But as part of the immigration process, they have to pass medical exams and background checks.
The Process of Filing: Forms I-130 and I-485
Filing Form I-130 (Petition for Alien Relative)
Form I-130 is the first step in your parent’s immigration petition. This form establishes the qualifying family relationship between you and your parent. The USCIS petition for parents that is currently being processed needs a lot of personal information about both the petitioner and the beneficiary.
It is very important to be accurate when filling out Form I-130. Mistakes or inconsistencies can cause delays or refusals. You should write down your parent’s full legal name as it appears on official documents, as well as any other names they have used in the past. Give a full history of your addresses and jobs for the last five years.
The I-130 processing time for parents is usually between 13 and 20 months, but it can be longer or shorter depending on the USCIS service center and the number of cases they are currently handling. Submit your petition with all required supporting documents to avoid requests for additional evidence.
Form I-485 (Application to Register Permanent Residence)
If your parent is already in the United States, they may be eligible to file Form I-485 concurrently with the I-130 petition. This process, known as “adjustment of status,” allows eligible parents to remain in the U.S. While their green card application is being processed.
In some cases, it is possible to apply for a green card for your parents while they are on a tourist visa, but the timing is very important. Your parents should have come to the U.S. legally and kept their status up to date. Filing too soon after getting a tourist visa could make people wonder if you really want to immigrate.
Important Documents That Support
I-130 Supporting Documents for Parents
Gathering the correct documentation is crucial for a successful petition. The I-130 documents that parents need to send in are:
Proof that you are a U.S. citizen:
- If you were born in the U.S., you need a certified copy of your birth certificate.
- U.S. passport or certificate of naturalization
- Consular Report of Birth Abroad
Relationship Proof:
- The birth certificate with the names of your parents
- Adoption decree (if applicable)
- Marriage certificate (for stepparent relationships)
Documents of Identity:
- Your state identification card or driver’s license
- Your parent’s passport or national identity document
More paperwork for Form I-485
When you apply for a change of status, you need to send in more documents:
History of Immigration:
- A copy of the parent’s passport and entry stamp
- I-94 arrival/departure record
- Any past immigration applications or petitions
Medical Examination:
- Form I-693 done by a civil surgeon who is approved by USCIS
- Vaccination records
- Records of medical history
Getting ready for the immigration interview
What to Look Forward To
Immigration interviews for parent petitions typically focus on verifying the authenticity of the family relationship and ensuring all requirements are met. If you are applying for an adjustment of status, the interview usually happens at a USCIS office near you. If you are applying for consular processing, it usually happens at a U.S. consulate abroad.
Both the petitioner and the parent should attend the interview when possible. Officers may ask about the petitioner’s family history, their background, and what the parents plan to do in the United States.
Questions that are often asked in interviews
Get ready for questions like:
- When did you become a United States citizen?
- Tell me about your relationship with your parents.
- What do your parents want to do in the United States?
- How will you help your parents with money?
- Has your parents ever broken U.S. immigration laws?
Interview Tips
Arrive early and dress professionally for your interview. Bring original copies of all the documents you sent in, as well as any other proof that USCIS asks for. Answer questions honestly and clearly. If you don’t understand a question, ask for more information.
Dealing with Common Problems
Past Immigration Violations
One of the most frequent concerns involves parents who previously entered illegally or overstayed their authorized period. There are many ways to answer the question “how can I fix my parents’ papers if they entered illegally?” It all depends on the situation.
Parents who entered without inspection may face a bar to adjustment of status within the United States. But there may be some exceptions and waivers that apply, especially for parents of U.S. citizens. Talk to an immigration lawyer who has worked with people like you before to find out what your options are.
Requirements for Financial Support
It can be hard to meet the income requirements for Form I-864, especially for younger petitioners or those whose income changes from month to month. If your income isn’t high enough, you might want to think about getting a joint sponsor. This is someone who meets the financial requirements and agrees to help your parents.
Alternative assets can sometimes substitute for insufficient income. You might be able to meet the financial requirement with real estate, bank accounts, stocks, and bonds, but only at certain ratios.
Delays in processing
Depending on how busy they are and any changes in policy, USCIS processing times can be very different. Using your receipt number, you can check the status of your case online. If you get a request for more evidence or information, be sure to respond right away.
Timeline and Costs
How long does it take to ask a parent for something?
The complete timeline for parent immigration varies based on several factors:
- Processing time for Form I-130: 13 to 20 months
- Processing by the National Visa Center (if necessary): 2 to 4 months
- 6 to 12 months for consular processing or changing your status
The total processing time usually falls between 18 months and 3 years. This depends on the situation and whether the parent is changing their status in the US or going through a consulate in another country.
How Much Does It Cost to Ask Parents for Help?
The fees for the parent immigration form are as follows:
- The cost to file Form I-130 is $535.
- Form I-485 filing fee: $1,140 (if filing for adjustment of status)
- $85 for biometrics
- Cost of a medical exam: $200 to $500
- Extra costs for translating documents, hiring a lawyer, and traveling
Help and Resources from Professionals
Government Help
USCIS provides extensive information about the petition process on their official website. The National Visa Center can help with cases that need to go through consular processing. These government sites have forms, instructions, and the most up-to-date processing times.
When to Get Help from a Professional
Complex cases benefit from professional legal assistance, particularly when dealing with previous immigration violations, criminal history, or unusual family circumstances. Immigration lawyers can look at your case and suggest the best way to move forward.
Our knowledgeable staff at Business Kiwi knows how complicated family immigration law can be. We offer personalized help throughout the entire petition process, helping families deal with problems and get good results. Our comprehensive approach ensures all documentation is properly prepared and submitted according to current USCIS requirements.
Continuing Your Parent’s Journey to Immigration
To successfully file for parent immigration, you need to pay close attention to the details, have the right paperwork, and be patient throughout the legal process. Knowing how to apply for family immigration gives you the power to do what it takes to be with your parents permanently in the United States.
It may seem like a lot of work to get your parents’ permanent resident status, but thousands of families do it every year. You can go through this process with confidence if you prepare well and know what you need to do.
Keep in mind that every case is different, and you may need to use different methods for different situations. Professional help can make the difference between success and delays, whether you’re dealing with simple paperwork or complicated situations involving past immigration problems. Start the process of bringing your parents home for good. Taking the time to learn and do this process correctly will give your family years of peace of mind and time together. Call Business Kiwi today to start your family’s immigration process with confidence and help from experts.
