How To Get Green Card For Parents
We understand the value of family. At Davis & Associates, if you want to get a green card for parents who are currently living in another country, we want to help you. If there is a legal way to make your family feel whole again, we will find it.
As Houston and Dallas immigration attorneys, our practice is focused exclusively on immigration law services like helping people sponsor green cards for their parents. We are prepared to fight for your family as if it was our own and at the most reasonable rate possible.
Who Can Get Green Card For Parents?
Only U.S. citizens who are at least 21 years old are allowed to petition to bring their parents to live permanently in the United States on a green card. Unfortunately, if you are a green card holder living in the United States, you can’t petition United States Citizenship and Immigration Services (USCIS) for green cards for your parents. Lawful permanent residents can petition for green cards for other family members like spouses and children, but not for their parents.
U.S. Citizens Can Petition For A Parent’s Green Card
If you are a U.S. citizen and you are at least 21 years old, we don’t suggest you file a petition for a green card for your parents without an attorney’s help. There are a lot of documents that need to be turned in with your petition, and there are just as many places for errors. We suggest you consult with an experienced immigration attorney before you start filing your petition.
If you are a U.S. citizen and under 21 years old, you will need to wait until your 21st birthday to petition USCIS for a green card for a parent. However, you may consult with an attorney beforehand to ensure you are prepared for the filing process.
Making A Plan If You Are Already A Green Card Holder
If you are a lawful permanent resident who wants to bring your parents to the United States, there may be other visa-related solutions that we might be able to find for them. Plus, all hope of one day bringing your parent to the U.S. might not be lost. An immigration attorney may suggest that you complete your own naturalization process so that you can eventually petition a green card for parents.
To be clear, if you are a green card holder, you will not be able to sponsor your parents dream of lawful permanent residency, but if you were to become naturalized, you would be a U.S. citizen. At that point, as a U.S. citizen, you could then sponsor your parents.
The most common path to U.S. citizenship through naturalization is by holding a green card for at least five years (three years if you’re married to a U.S. citizen). If you are considering citizenship through naturalization so that you can help a parent become a lawful permanent resident, make sure you have an immigration attorney’s help.
The Steps To Get Green Cards For Parents
There are different steps that you need to take to petition for your mother or father to live in the United States permanently. Those steps depend on your family’s individual circumstances. Your attorney will explain all the details and help you file your petition properly, but this guide will help you feel more prepared.
Anyone who wishes to get a green card for their parent so that their mother or father can join them in the United States will need to submit a Form I-130, Petition for Alien Relative.
What Is Form I-130?
Form I-130 is the form that you will need to submit anytime you want to petition USCIS for a relative’s green card. This form requires you to show that you have a relationship with an eligible relative. In your situation, the relationship is your parent.
Besides a form I-130, USCIS will need documentation to support your relationship. Filing the form and extra documents doesn’t automatically give your mother or father any immigration status. It’s just the start. USCIS will usually approve your I-130 petition if you can meet their requirements.
Take a look at the following situations to learn the minimum documentation that USCIS will need you to submit to start the process.
If Your Mother Lives Outside The United States
If you are petitioning for your mother to be given a green card and your mother currently is outside the United States, you need to submit the following to USCIS:
- Form I-130
- A copy of your birth certificate that shows your name and your mom’s name
- A copy of your Certificate of Naturalization or Citizenship or U.S. passport (if you were not born in the United States)
If Your Father Lives Outside The United States
If you are petitioning for your father to get a green card and your father currently lives outside the United States, you need to submit the following to USCIS:
- Form I-130
- A copy of your birth certificate showing your name and the names of both parents
- A copy of your Certificate of Naturalization or Citizenship or U.S. passport (if you were not born in the United States)
- A copy of your parents’ civil marriage certificate
If Your Father Lives Outside The U.S., You Were Born “Out Of Wedlock,” And You Weren’t Legitimated By Him As A Child
If you are petitioning for your father to get a green card and he lives outside the United States, plus your parents weren’t married when you were born and you weren’t legitimated by him before your 18th birthday, you aren’t out of luck. USCIS has provisions for this situation. You need to submit the following to USCIS:
- Form I-130
- A copy of your birth certificate showing your name and your dad's name
- A copy of your Certificate of Naturalization or Citizenship or U.S. passport (if you were not born in the United States)
- Proof that an emotional or financial bond existed between you and your father before you were married or reached the age of 21, whichever came first
If Your Father Lives Outside The U.S., You Were Born “Out Of Wedlock,” And You Were Legitimated By Him As A Child
If you are petitioning for your father to get a green card and he lives outside the United States, plus your parents weren’t married when you were born but you were legitimated by him before your 18th birthday, USCIS has provisions for this situation too. You need to submit the following to USCIS:
- Form I-130
- A copy of your birth certificate showing your name and your dad's name
- A copy of your Certificate of Naturalization or Citizenship or U.S. passport (if you were not born in the United States)
- Evidence that you were legitimated before your 18th birthday through the marriage of your natural parents. This can be proven using the laws of your state or country (of birth or residence) or the laws of your father’s state or country (of birth or residence).
If Your Parent Is A Stepparent
If you are petitioning for your stepmom or stepdad to become a lawful permanent resident, USCIS needs you to submit the following:
- Form I-130
- 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 stepparent that also shows that the marriage occurred before your 18th birthday
- A copy of any divorce decrees, death certificates, or annulment decrees to show that any previous marriage of your natural or stepparent ended legally
If Your Parent Adopted You
If your parent is your parent through an adoption, USCIS needs you to submit the following:
- Form I-130
- A copy of your birth certificate
- A copy of your Certificate of Naturalization or Citizenship (if you were not born in the United States)
- A certified copy of the adoption certificate that shows that you were adopted before your 16th birthday
- A statement that lists the dates and places you have lived together with your adoptive parent
If Your Parent Is Already In The United States On A Visa
If your parent is already legally in the United States, they can apply to adjust their status to lawful permanent resident at the same time you file the I-130 petition for their green card. Be sure that you and your mom or dad sit down and talk with an immigration lawyer before submitting anything. Other evidence of your relationship that will have to be submitted with the I-130 will be similar to the documents needed to prove the relationship discussed above.
What If There’s Been A Name Change?
USCIS realizes that it’s possible that your name or your parents' names might have changed over the years. So, if that’s the case, in all these situations listed above, they also need you to submit proof of the legal name change. Examples of proof include marriage certificates, adoption decrees, divorce decrees, court documents for the name change, and several others.
Let Us Help You Get A Green Card For Your Parents
At Davis & Associates, if you want to get a green card for parents or other eligible relatives, we want to help you. If there is a legal way, we will find it. If you need to plan long term to make it happen, we will be there with you through it all. As Houston and Dallas immigration attorneys, our practice is focused exclusively on immigration law services, so we are in the perfect position to fight for your family as if it was our own. Contact us as soon as you’re ready to start the process.