Parents of US citizens have one of the easiest paths to getting a green card (officially known as the Permanent Resident card) in the United States through being sponsored by their child. This relationship falls under the family-based green card category and is often much faster than other methods of immigration or green card applications.
Eligibility Requirements to Sponsor Your Parents for a Green Card
A person petitioning for their parents’ green card must:
- Be a US citizen
- Be at least 21 years old
- Be able to demonstrate the qualifying relationship (show that you are the child of your parents)
- Be able to demonstrate that you can financially support them at 125% above the poverty line
(see USCIS Poverty Guidelines here)
Under US immigration law, your parents are considered an “Immediate Relative” along with spouses and unmarried children under the age of 21. There is no limit to the number of visas available to this category of green card application, and it has the most straightforward and reliable process.
It is also important to note that by sponsoring a petition for your parents’ green card, you are assuming financial responsibility for supporting them. As such, it is part of the application process to show your income and prove that you are able to do so.
Steps to Filing for Your Parents’ Green Card
Step 1: Filing Form I-130, Petition for Alien Relative
The first step to getting green cards for your parents is to fill out and file Form I-130 (the Petition for Alien Relative). The purpose of this petition is to prove your status as a US citizen and prove the immediate relative, child-parent relationship. To complete this form, you will need:
- A copy of your US passport or naturalization certificate (or other proof of citizenship)
- A copy of your birth certificate showing your parents’ names (or other proof of their relationship to you)
You must fill out a separate form for EACH parent. You can do this online through the USCIS website here, or you can print and file forms by mail. Whichever way you choose to submit the filing, you will also be required to pay a petition filing fee of $535 per petition. Unfortunately, this fee is unavoidable as it is non-refundable and there are no options to waive it. The petition filing fee is payable by check or money order. If you prefer to pay by credit card, you must fill out and file a separate form with the application, form G-1450.
Step 2: Filing Form I-485, Application to Register Permanent Residence or Adjust Status
Once your I-130 petition forms have been approved and filing fees received, the USCIS will contact your parents through the Embassy in their home country to move forward with the visa processing. At this stage, your parents will need to submit Form I-485, Application to Register Permanent Residence. If your parents are already in the United States, they should file this form concurrently with your filing of the I-130 petition. You can find instructions from the USCIS on how to do that here.
To complete and file the Form I-485, your parents will need several supporting documents, including:
- Copy of a government-issued photo ID
- Copy of parents’ birth certificates (if these cannot be obtained, you can submit an explanation along with other evidence including medical and school records)
- Proof of parents’ immigrant category (ex. a receipt (I-797) of the Form I-130 filing from step 1)
- Proof of the inspection and admission from the US Port of Entry
- 2 passport-style photos of each parent
Step 3: Supplementary Forms and I-864, Affidavit in Support
The USCIS may request supplementary forms to be filed depending on your case and situation. Most commonly, family-based immigrants will require Form I-864 to show they have adequate means to financially support the applicants (as mention in the eligibility requirements).
It’s best to consult with an immigration professional or attorney to ensure all necessary paperwork is included and to avoid delays. Other required supporting documents may include:
- Form I-212: Application for Permission to Reapply for Admission into the United States After Deportation or Removal
- Form I-508: Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities
- Form I-566: Interagency Record of Request — A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status
- Form I-601: Application for Waiver of Grounds of Inadmissibility
- Form I-612: Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended)
- Form I-693: Report of Medical Examination and Vaccination Record
- Form I-864W: Update to Form I-864W, Intending Immigrant’s Affidavit of Support Exemption
Step 4: Green Card Interview & Medical Exam
Once the case is approved, your parents will be informed and scheduled to complete a green card interview at the US Consulate or Embassy in their home country. They will also need to pass a medical exam. Their green card will then be mailed to the US address provided on the forms (most likely your address). Once they arrive in the US, their passport will be stamped at port of entry showing they’ve entered as lawful permanent residents, and will have to pass an inspection with Customs and Border Protection reviewing their paperwork.
Processing Time on Sponsored Green Card Application
The processing time for an Immediate Relative Green Card is faster than most other types of green card applications, but has been going up (and will likely continue to do so). After you’ve begun the application process, you can use the USCIS Check Case Processing Time page to check your applications status and expected timeline.
The current processing time for the initial I-130 petition filing form is around 2 months, and the processing for form I-485 can range from 8-14 months. You can view a list of estimated and past median form processing times on the USCIS website here. In general, the complete process will typically take between 10-13 months on average.
Getting Help From an Immigration Professional
The US Immigration System can be complicated and unforgiving. Mistakes in forms and applications can cause massive delays. The best way to ensure you have the highest chances at obtaining a green card in the most efficient and cost-effective way possible is to hire a trusted immigration attorney. At Laird Law, we offer appointments both virtually or in person at our offices in Manhattan, NY and in Newark, NJ. We are immigration experts, and also fluent in Chinese and Portuguese. Contact us to schedule a consultation today!
