Immigration for parents of U.S. citizens

An individual who is a U.S. citizen has the right to petition for U.S. permanent resident status ("green card") for his or her parents. A typical situation is when a foreign citizen marries a U.S. citizen, immigrates to the United States, and later becomes a U.S. citizen. After becoming a U.S. citizen, she may wish for her parents to join her through family-sponsored immigration. It is not important how one became a U.S. citizen; for example, if a child is born in the United States, he automatically becomes a U.S. citizen, so upon attaining the age of 21, he may petition for his parents to become permanent residents.

What are the requirements?

Besides being at least 21 years of age, the U.S. citizen must also provide evidence of (a) having the financial means to support her parent at 125% above the mandated poverty line, (b) her status as a U.S. citizen, and (c) her relationship to the parent. Stepparents are usually considered "parents" and are eligible as well. The parent must not have any admissibility problems. Possible issues that may arise during the process include financial questions, tax compliance of the U.S. citizen, naturalization process of the U.S. citizen, divorce validity, criminal history, medical problems, visa overstays, domicile, fraud, and misrepresentation. For example, a parent may seek to enter the United States with a tourist visa, and immediately apply to adjust his status to permanent resident. Having this preconceived intention to adjust status may lead to difficulties in attaining a green card.

What is the process?

Because parents are considered immediate relatives, there is no numerical limit on how many can immigrate to the United States in a given year. Immediate relative sponsorship by a U.S. citizen is a much less lengthy process than other family immigration categories. As soon as U.S. Citizenship and Immigration Services reviews and approves the petition for a green card, the case is forwarded to the National Visa Center and later to the U.S. Embassy for processing. The entire process takes on average 12-18 months.

How does White & Associates help?

While the process is not complex, many preliminarily consult with White & Associates in order to fully understand the requirements, benefits, risks, obligations and admissibility issues. To economize time and ensure that the process will go as smoothly possible, White & Associates can assist you in preparing the necessary forms and supporting documentation. White & Associates has dealt with many complicated visa cases and can assist you in avoiding or overcoming difficulties so that your family can be together as soon as possible.