Green Card or Visa for Parents

Green Card or Visa for Parents

Green Card For Parents

When people think about obtaining a green card, they often associate it with marriage to a US citizen. However, it's important to recognize that there are other avenues to secure a green card. One such option is through the sponsorship of a US citizen's child. If you are a parent of a child who is a US citizen, you may be eligible to apply for a green card based on this family relationship. The child's US citizenship provides an opportunity for sponsorship, offering a legal pathway to obtain permanent residency in the United States. This process entails meeting specific eligibility requirements and following the appropriate immigration procedures. To navigate the complexities of this process and ensure a smooth application, it is advisable to consult with an experienced IR-5 visa attorney at Goldstein Immigration Lawyers. They can provide you with the necessary guidance, support, and legal representation to understand your options and pursue a green card through child sponsorship successfully.

Green Card For Immediate Relatives

Foreign parents of U.S. citizens hold a special status as immediate family members when it comes to obtaining a green card, offering distinct benefits within the immigration process. Immediate relatives have immediate access to an unlimited number of immigration visas, eliminating the need to wait for visa availability. As a foreign parent of a U.S. citizen, you have the opportunity to apply for permanent residency, or a green card, without enduring lengthy visa waiting periods.

The immediate relative category includes the following groups:

  • Spouses of U.S. citizens - If you are married to a U.S. citizen, you are eligible to apply for a green card as an immediate relative. This opens the path to pursuing permanent residency in the United States, with the potential for eventual citizenship.
  • Unmarried minor children under the age of 21 - As an unmarried child of a U.S. citizen who is under 21 years old, you qualify as an immediate relative. This grants you the opportunity to obtain a green card and join your U.S. citizen parent in the United States.
  • Parents of U.S. citizens (if the U.S. citizen is over the age of 21) - If you are a parent of a U.S. citizen and your U.S. citizen child is over 21 years old, you fall into the immediate relative category. This allows you to apply for a green card and potentially reside with your U.S. citizen child in the United States.

A benefit of being an immediate relative is that they are exempt from the visa preference categories, which often entail significant waiting periods. As a foreign parent of a U.S. citizen, seeking guidance from one of our experienced immigration lawyers can provide valuable insights into the process. They can assist you in determining your preference category, comprehending the requirements, and effectively navigating the green card application. With the support of one of our experts at Goldstein Immigration Lawyers, you can enhance your prospects of obtaining permanent residency and realize your goal of living in the United States.

What Is The IR-5 Visa?

The IR-5 visa is a specific visa category that allows adult U.S. citizens, who are at least 21 years old, to bring their foreign-born parents to the United States as permanent residents. This visa serves as a means for U.S. citizens to reunite with their parents and offer them the opportunity to live in the United States on a long-term basis.

It's important to understand that the IR-5 visa is issued abroad and obtained through the U.S. embassy or consulate in the parent's home country. This requires the parent to go through the visa application process and attend an interview at the U.S. embassy or consulate in their country of residence.

The reasons for pursuing an IR-5 visa may vary depending on individual circumstances. Some individuals may wish to bring their parents to the United States to be closer to family, gain access to better healthcare services, or enhance their parents' quality of life. Regardless of the specific motivation, the IR-5 visa provides a legal pathway for U.S. citizens to sponsor their foreign-born parents, enabling them to obtain permanent residency in the United States.

Green Card For Parents Eligibility

To sponsor your parents (mother or father) as Green Card holders to live in the United States, you must meet certain eligibility requirements. Firstly, you must be a U.S. citizen who is at least 21 years old. It's important to understand that Green Card holders, or permanent residents, do not have the ability to petition for their parents to live permanently in the United States. As a U.S. citizen who meets the age requirement, you may be eligible to sponsor your parents if:

  • Your mother lives outside the United States
  • Your father lives outside the United States
  • Your father lives outside the United States, and you were born out of wedlock and not legitimated by your father before your 18th birthday
  • Your father lives outside the United States, and you were born out of wedlock but were legitimated by your father before your 18th birthday
  • You are filing a petition to bring your step-parent to live in the United States
  • You are filing a petition to bring your adoptive parent to live in the United States

If there have been any changes to your name or your parent's name, it is crucial to include proof of the legal name change along with your petition. This can be demonstrated through documents such as:

  • A marriage certificate
  • Divorce decree
  • Adoption decree
  • Court judgment of name change
  • Any other relevant legal documents

The process of sponsoring your parents for a green card can be intricate, so seeking the assistance of an experienced immigration attorney is highly recommended. They can provide guidance on the requirements, assist you in gathering the necessary documentation, and ensure that your petition is accurately and thoroughly prepared. Working with an attorney will help navigate the complexities of the process with confidence and increase your chances of a successful outcome.

I-130 Supporting Documents For Parents

When completing the I-130 form to sponsor a parent for a green card, it is crucial to submit supporting documents that establish the parent-child relationship. The specific process varies based on whether or not the parent is applying from outside the United States.

For parents applying from outside the United States, the sponsoring child submits Form I-130 to the United States Citizenship & Immigration Services (USCIS). Once the petition is approved, the parent must fill out Form DS-260, the immigrant visa application, and provide evidence of the parent-child relationship.

After submitting the DS-260 form along with supporting evidence, it is forwarded to the National Visa Center (NVC) for processing and review. The NVC may request additional documentation from the parent to verify the relationship.

Subsequently, the NVC transfers the processed application to the embassy or consulate in the parent's country of residence. This is where further processing takes place, including scheduling the visa interview.

Establishing Parental Relationship With US Citizen For I-130 Form
To establish the parent-child relationship, typical supporting documents include a copy of the child's birth certificate that displays both the child's and the father's names. If the child was not born in the United States, it is necessary to provide a copy of the child's Certificate of Naturalization or Citizenship or U.S. passport.

In cases where the child's birth was not legitimized before their 18th birthday, additional evidence is required to demonstrate an emotional or financial bond with the father before marriage or reaching the age of 21, whichever occurred first.

Alternatively, if the child's birth was legitimized before their 18th birthday, evidence of legitimation should be provided through the marriage of the natural parents, the laws of the state or country of birth or residence, or the laws of the father's state or country of birth or residence.
Including these supporting documents with the I-130 form is crucial as they establish the parent-child relationship and strengthen the parent's green card application.

Contact a Green Card / Visa for Parents - Lawyer at Goldstein Immigration Lawyers

When it comes to obtaining a green card as a parent of a U.S. citizen, the process can be intricate and time-consuming. To ensure a smoother experience and increase your chances of success, it is highly recommended to seek the assistance of an experienced family green card lawyer at Goldstein Immigration Lawyers. With their expertise and knowledge, they can guide you through the complexities of the application process and provide the necessary support at every step. If you have questions about your eligibility or need clarification on your case, take a few moments to answer some questions and determine if you qualify for a free case evaluation. Remember, you don't have to navigate the immigration system alone. Reach out to Goldstein Immigration Lawyers for professional assistance in your journey toward obtaining a green card as a parent of a U.S. citizen. Their team is ready to provide the expertise and guidance you need.