If you are a United States citizen over the age of 21, you may be able to bring your non-citizen parents to the United States to live as permanent residents. Unfortunately, U.S. permanent residents and U.S. citizen children under the age of 21 do not qualify to sponsor their parents.

The first step in the process involves filing an immigrant visa petition (form I-130) with United States Citizenship and Immigration (USCIS). Once your petition is approved, your file will be sent to the U.S. consulate in your parent’s home country, where he/she will have to attend an interview prior to being granted a visa. Upon entering the United States, your parent will become a U.S. permanent resident and receive his/her green card.

There are several important factors you may want to discuss with an attorney:

  1. You must be able to demonstrate a legitimate parent-child relationship. Depending on several factors, including whether you are sponsoring your mother or father, and whether your parents were married at the time of your birth, this process can become complicated. The advice of a knowledgable attorney can help avoid any pitfalls.
  2. In order to sponsor your parent, you must demonstrate that you have sufficient income to support him/her financially. Generally you must have income equal to 125% of the federal poverty level for your family size. If you do not have adequate income, you may be able to use a co-sponsor (usually a family member or close friend) to qualify.
  3. Your parent(s)’s eligibility for a visa or to adjust status may be affected by numerous other factors including having a criminal record or prior unlawful presence in the U.S.

If you would like to discuss your options, contact us today to set up a consultation.

The above information is provided for informational purposes only, and does not constitute legal advice.