When Can a U.S. Citizen Child Apply for a Green Card for their Parents?
Family-Based Visa Petition
U.S. citizens with undocumented parents often ask about how they can help their parents obtain Lawful Permanent Resident (LPR) status. Fortunately, U.S. citizens aged 21 or older can initiate the process for their parents to obtain a green card. While the initial requirement is to prove the parent-child relationship, the process is intricate, requiring careful consideration of various factors. Here you can learn more about USCIS’s application procedures..
Family-based petitions are a common method for obtaining LPR status. Through these petitions, U.S. citizens and LPRs can help certain family members acquire a green card. U.S. Citizens can petition for their spouses, children under 21, sons and daughters over 21 (whether married or unmarried), and their parents. LPRs, on the other hand, can petition for their spouses, children under 21, and unmarried sons and daughters over 21.
For parents of U.S. citizens, the child must be at least 21 years old to submit the family-based petition. This marks the beginning of the process, which is managed by U.S. Citizenship and Immigration Services (USCIS).
Process for Obtaining Lawful Permanent Residence-Obtaining a green card through a family-based petition involves two main steps:
Submitting the Visa Petition: The first step is for the U.S. Citizen child to submit a visa petition on behalf of their parent. This petition must demonstrate the qualifying family relationship. If the petition is approved by USCIS, it sets the stage for the next step.
Application for Lawful Permanent Residence: Once the visa petition is approved, the next step is to apply for LPR status, also known as obtaining a green card. This can be done through Adjustment of Status (if the parent is in the U.S. and eligible) or Consular Processing (if the parent is outside the U.S.).
Adjustment of Status vs. Consular Processing
To determine whether a parent can adjust their status within the U.S. or must go through consular processing abroad, several questions need to be answered:
How did the parent(s) enter the U.S.? Was it with a visa or another lawful method?
If the parent did not enter lawfully, have they traveled on Advance Parole and reentered?
Does the parent currently reside in the U.S.?
Who, between a U.S. Citizen and an LPR, submitted the visa petition?
If petitioned by a green card holder, is the visa available, and has the parent always maintained status?
Generally, individuals who entered the U.S. lawfully are eligible for Adjustment of Status. Those who entered without permission typically need to undergo consular processing. Consulting with a legal representative is crucial to navigate these complexities and avoid potential penalties that could arise from leaving the U.S. for consular processing.
When Can My Son or Daughter Petition for Me?
A U.S. Citizen child can petition for their parent once they turn 21. The petitioner must prove the parent-child relationship, usually through a birth certificate. Once the petition is approved, the parent can proceed to apply for LPR status.
Considerations and Potential Barriers
Several factors can complicate the process:
Unlawful Presence: Parents who have been in the U.S. unlawfully for more than six months may trigger re-entry bars upon leaving the country. These bars can be three or ten years long, depending on the duration of unlawful presence.
Multiple Reentries or Border Detentions: Multiple unauthorized reentries or detentions at the border could result in a permanent bar, preventing the parent from completing the process for ten years.
Immigration Court Issues: Past interactions with immigration courts, such as removal orders or missed court dates, need resolution before moving forward.
Criminal Convictions: Certain criminal convictions can bar a parent from being approved for a green card. It's important to gather all related documents and consult an immigration attorney to analyze the case and assess risks.
As a New York family immigration attorney, many of my clients who I have helped often approach me after they become US Citizens and ask me to help them bring their parents from abroad so they can live here in the US. Often the US-based family members are concerned about their ability to take care of parents who live so far away due to the distance. This is possible and can be done via consular processing. It can take almost two years for the parent to arrive so it’s a good idea to plan ahead instead of waiting until the last minute.
Importance of Legal Consultation
It's essential for parents and their U.S. Citizen children to consult with an immigration attorney before initiating the petition. This ensures a thorough understanding of eligibility, potential risks, and complexities. A legal expert can provide guidance, address any ineligibility issues, and help navigate the process to avoid complications.
Should you or your loved one have any questions or need representation, please do not hesitate to call us, email us at info@khunkhunlaw.com, or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.