How Do You File a Green Card for Your Parents?
Sponsoring a parent for a Green Card is a two-step process that involves:
- Filing a petition (Form I-130) – The U.S. citizen child files this form to establish the parent-child relationship.
- The parent's Green Card application – Depending on where the parent is located, they will either:
- Apply for adjustment of status (Form I-485) if they are lawfully present in the U.S., or
- Apply through consular processing if they are outside the U.S..
Step 1: File Form I-130 (Petition for Alien Relative)
To begin the process, the U.S. citizen child must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This establishes the parent as an Immediate Relative, meaning there are no visa wait times.
Requirements to File:
- The petitioner must be a U.S. citizen (Green Card holders cannot petition for parents).
- The petitioner must be at least 21 years old.
- Proof of a parent-child relationship is required.
Documents Needed:
- Proof of U.S. citizenship (passport, birth certificate, or naturalization certificate).
- Parent’s birth certificate (showing their name and the petitioner’s name).
- Proof of any legal name changes (if applicable).
Step 2: Parent Applies for a Green Card
After USCIS approves Form I-130, the parent can proceed with their Green Card application, which varies depending on their location.
If the Parent is in the U.S. (Adjustment of Status – Form I-485)
If the parent entered the U.S. lawfully (or qualifies for an exemption), they can file Form I-485 (Application to Adjust Status) to become a lawful permanent resident without leaving the U.S.
- Can file Form I-130 and Form I-485 together (concurrent filing) for faster processing.
- Work and travel authorization may be available while waiting for Green Card approval.
If the Parent is Outside the U.S. (Consular Processing)
If the parent is outside the U.S., they must complete consular processing, which involves:
- National Visa Center (NVC) processing – Submitting Form DS-260 (Immigrant Visa Application) and supporting documents.
- Visa interview at a U.S. embassy/consulate – The parent must attend an in-person interview before receiving an immigrant visa.
- Entering the U.S. as a permanent resident – Upon arrival, the parent will receive a Green Card in the mail. /
Processing Time & Considerations
- Processing time varies but generally takes 10-24 months.
- Adjustment of status is typically faster than consular processing.
- Parents who entered without inspection or have unlawful presence may need a waiver before applying.
Common Issues & Solutions
Financial Issues?
- Solution: If the petitioner does not meet the minimum income requirements, they can use a joint sponsor—someone who meets the financial criteria and is willing to submit Form I-864 (Affidavit of Support).
Missing Documents?
-Solution: USCIS may issue a Request for Evidence (RFE) if any required documents are missing or incomplete. To avoid delays, ensure you submit:
- Birth certificates, passports, and proof of relationship.
- Marriage certificate (if petitioning for both parents).
- Financial documents for Affidavit of Support.
Long Processing Times?
- Solution: Check USCIS case processing times and the Visa Bulletin for updates. Processing times vary but generally take 16 to 24 months.
Inadmissibility Issues?
- Solution: Some parents may be inadmissible due to prior immigration violations, criminal history, or unlawful presence.
- Waivers: In some cases, a waiver may be available.
- Consular Processing vs. Adjustment of Status: Certain parents may not qualify for adjustment of status and will need to apply via consular processing instead.
- I-601 vs. I-601A Waivers:
- The parent-child relationship is not eligible for an I-601A waiver (provisional unlawful presence waiver).
- Some parents may need to apply for an I-601 waiver instead before completing consular processing.
Understanding these potential issues in advance and preparing proper documentation can help avoid unnecessary delays in the Green Card process.
Conclusion
Parents of U.S. citizens qualify for immediate Green Cards, meaning no visa wait time is required. However, the application process differs depending on whether the parent is inside or outside the U.S.
- If the parent is in the U.S., they can apply for adjustment of status (Form I-485) at the same time the U.S. citizen files Form I-130. This makes the process faster because everything is handled within the U.S.
- If the parent is outside the U.S., they must go through consular processing, which means waiting for I-130 approval before applying for a Green Card. While this takes longer, they do not need to wait for a visa number, unlike other family-based categories.
If you are unsure about which process applies to your parent’s situation, consult an immigration attorney. A lawyer can help avoid delays, prevent costly mistakes, and develop the best strategy for your parent’s Green Card application.