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Petitions for U.S. Citizens Bringing Parents to the United States
re you a U.S. citizen over 21 with parents who wish to pursue U.S. citizenship? Did you know that you can petition the U.S. Government on your parents’ behalf?
Federal immigration law categorizes the parents of U.S. citizens as immediate relatives. This is good news, as there are no annual caps on the number of petitions that can be made for immediate family relatives. Additionally, parents have priority over other family-based preference categories. This leads to shorter processing times for these petitions.
Once you are successful with your petition, your relative may apply for LPR status (a green card). If your relative is already in the United States and has a visa, they may be able to obtain their green card by submitting Form I-485, Application to Register Permanent Residence, or Adjust Status.
U.S. citizenship laws can be confusing. Specific requirements have to be met, and a specific process must be followed. Andrew T. Thomas, Attorneys at Law, can assist you in petitioning.
Preliminary Legal Requirements for Petitioning a Parent
Only U.S. citizens 21 years or older can petition for their parents. This option is not available to lawful permanent residents (green card holders) nor to U.S. citizens under 21.
Eligibility Categories
To petition for a parent’s legal permanent residency, one of the following eligibility categories must be met:
- Your biological parents are your legal parents.
- You have been legally adopted by someone other than your biological parent.
- Your step-parent is legally married to your birth or adoptive parent.
- You were born to unmarried parents, and your father has not legitimized you. In this case, you can still petition for your biological mother but must provide evidence of an emotional or financial relationship with your biological father to file a petition for him.
- You were born to unmarried parents, but your father had legally legitimized you before you turned 18.
The Petitioning Process
The petitioning process begins by filing Form I-130.
Form I-130, also known as the Petition for Alien Relative, establishes the relationship between the petitioner and the beneficiary, emphasizing the legitimacy of their connection.
This form enables you to provide supporting evidence to validate the existence of a genuine relationship between you and your parent.
Supporting Documents for Form I-130
Supporting documents may vary depending on the category of the parent. The following are the supporting documents required for each parent category:
Petitioning for Your Mother
- Copy of your birth certificate clearly showing your name and your mother’s name.
- Copy of your Naturalization Certificate or your U.S. passport. This is only needed if you were not born in the United States.
Petitioning for Your Father
- A copy of your birth certificate should clearly show your name and the names of both your parents.
- Copy of your Citizenship or Certificate of Naturalization or U.S. passport. This is only needed if you were not born in the United States.
- A certified copy of your parents’ civil marriage certificate.
Petitioning for a Father – You Were Born Out of Wedlock, and Your Father Did Not Legitimate You Before Your 18th Birthday
- Copy your birth certificate. The names of you and your father should appear on this document.
- Copy of your citizenship or certificate of naturalization or U.S. passport. This is only needed if you were not born in the United States.
- Evidence of that an emotional or financial bond existed between you and your father. This must have been before you were married or reached 21, whichever came first.
Petitioning a Father – You Were Born Out of Wedlock and Were Legitimated by Your Father Before Your 18th Birthday
- Copy of your birth certificate clearly showing your name and your father’s name.
- Copy of your U.S. passport or naturalization certificate. This is only required if you were not born in the United States.
- Evidence you were legitimated before your 18th birthday. Legitimation could be through the marriage of your natural parents or state common laws. It could also be through the father’s birth or residence country’s laws.
Petitioning for a Step Parent
- Copy of your birth certificate clearly evidencing the names of your birth parents.
- Copy of the civil marriage certificate. This should evidence the marriage of your birth parent to your step-parent. It should show that the marriage occurred before you turned 18.
- Copy of divorce decrees, death certificates, or annulment decrees. These should show that any previous marriage your natural or step-parent entered ended legally.
Petitioning for an Adoptive Parent
- Copy of your birth certificate.
- Copy of your Citizenship or Certificate of Naturalization. This is only required if you were not born in the United States.
- Certified copy of your adoption certificate. This should show that the adoption took place before you turned 16.
- A statement evidencing dates and places you have lived together with your parent.
Fees and Other Requirements for Petitioning for a Parent
There is a filing fee for Form I-130 of $535 as of June 2023.
You must complete a separate form and filing fee for each parent you petition.
You can access the form on the U.S. Citizenship and Immigration Services (USCIS) website.
Filing Form I-130 does not guarantee green card status. Nor does it give your relative any immigration status or benefit. It is just a request that the government recognizes your relationship with your parent and that a visa be reserved.
Approval signifies that the relationship qualifies and indicates that a visa has been reserved.
How Long Does the Petition Process Typically Take?
If all the correct documents are submitted, and the case is straightforward, it can take as little as three months to approve the form.
However, this depends on the workload of the USCIS at any point in time. The sooner you submit your petition, the better.
What Can I Do if My Application to Petition My Parents Is Denied?
If your petition is denied, you still have the option to appeal the decision. Your denial letter will explain the appeal process and the time you must file the appeal.
You need to submit an appeal form along with the required fee. The appeal is then referred to the Board of Immigration Appeals.
How Can Andrew T. Thomas, Attorneys at Law, Help in Your Petitioning Process?
A lawyer can offer essential assistance by providing legal advice and guidance tailored to your circumstances. They can help navigate the complexities of the legal system, prepare and review necessary documents, and ensure compliance with relevant laws and regulations.
Additionally, a lawyer can help you determine if you or your parents are eligible for a certificate of citizenship, and, if so, guide you through the application process to obtain this important document.
At Andrew T. Thomas, Attorneys at Law, we offer a full range of immigration services. We pride ourselves in our high client service and empathy for your situation.
Our immigration law firm can assist you with any family-based petitions. Our philosophy upholds that honesty combined with experience equals results.
Book a free consultation with us today.