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Family visas

What Are The Requirements For An I-130 For Parents?

You must submit an I-130 petition and provide proof of your relationship with your parent(s) to sponsor them for a green card.

Information only

Immigration rules, fees and processing times change. This article is general guidance, not legal advice. Always check the latest requirements on the official United States government website before you apply.

You must submit an I-130 petition for each parent you want to sponsor for a green card. Only U.S. citizens who are at least 21 years old can petition for a parent; lawful permanent residents cannot. The I-130 is the first stage to get your parents a green card.

How To Submit An I-130

You must be at least 21 and a U.S. citizen to submit an I-130 petition for your parent(s); lawful permanent residents (LPRs) cannot petition for their parents. Your parents are regarded as "immediate relatives" because you are a United States citizen, which means there is no annual limit on the green cards granted. Only U.S. citizens may sponsor parents; lawful permanent residents cannot, so there is no 'family preference' parent category.

You must provide evidence of your qualifying relationship with your parent(s). Birth certificates, marriage licenses, adoption records, and other documents fall under this category. If you are a stepchild, you must show proof of your parents' union to your step-parent. If you were adopted, you must present documentation to prove it. Also, you'll need to show that your parent(s) are not banned from entering the country. These can contain legal documents, court records, and other medical records.

Legal Permanent Residence (LPR)

Your parent(s) may be able to change their status to that of a legal permanent residence if they are already citizens of the country. They can register for a green card without needing to leave the country. They must fulfill a few qualifying requirements, such as filing while in legal status and being clear of any major crimes or immigration offenses. Your parent(s) must apply for an immigrant visa at a U.S. consulate or embassy abroad if they still need to become citizens of the country. Consular processing is the name given to this process.

In summary, sponsoring your parent(s) for a green card through an I-130 petition can be challenging. Still, it is possible to succeed with proper planning and support materials. Don't forget to acquire all the evidence you'll need to prove your link to your parents and their legal right to immigrate. Always get advice from an immigration lawyer if you have any questions or worries. If you follow the advice above, you should be ok and on the road to getting what you need.

  • While their application for a green card is being processed, your parent(s), currently citizens of the country, may be qualified for a work permit.
  • The workload of the USCIS and the intricacy of the case are two variables that can affect how quickly an I-130 petition is processed.
  • If the I-130 petition is approved, your parent(s) must submit an application for a green card via adjustment of status or consular processing.
  • Suppose your parent(s) are not citizens of the United States. In that case, they must appear for a consular processing interview at a U.S. consulate or embassy.

FAQ

May I submit an I-130 petition on behalf of my step-parent?

If you can show proof of their marriage to your biological or adoptive parent. In that case, you may submit an I-130 petition for your step-parent.