US citizens aged 21 or older have the privilege of applying for a green card on behalf of their parents, allowing them to become lawful permanent residents in the United States. This process has no annual cap on the number of green cards issued for parents, typically taking about 12 to 18 months to complete.
In this guide, we’ll walk you through the eight steps to securing a green card for your parents, simplifying each stage for better understanding.
Navigating the green card application process for your parents may seem daunting, but we have broken it down into eight straightforward steps:
To qualify for a green card, your parents must meet specific eligibility criteria. They need to be your legal parents, which includes:
Even if your parents are eligible, they must also be admissible to the U.S.
Four main factors can render your otherwise eligible parents inadmissible:
Once you've confirmed their eligibility, the next step is to file an immigration petition using Form I-130. Submit this form along with a $535 filing fee to USCIS. If applying for both parents, submit separate forms and fees for each.
USCIS requires proof of your relationship with your parents for Form I-130 approval.
If you were born outside the U.S., include a copy of your U.S. passport or Certificate of Naturalization.
Next, file Form I-864, which is an affidavit of support indicating that you will financially support your parents. This form ensures that your parents will not rely on government assistance.
Form I-864 can be filed from within the U.S. or through the Department of State if your parents are abroad. No fee is required for this form.
Your parents need to prepare their green card applications based on their current residence.
If your parents are in the U.S., they can file for Adjustment of Status using Form I-485. This can be filed simultaneously with Form I-130 or separately. This form requires two passport photos, a birth certificate, and a government-issued ID. The fees include a $1,140 filing fee and an $85 biometrics fee.
For parents living outside the U.S., the process is known as consular processing. After USCIS approves Form I-130, the National Visa Center (NVC) takes over. Your parents will need to fill out Form DS-261 and, upon approval, pay a $445 fee and submit Form DS-260.
If applying within the U.S., your parents can seek additional benefits during the waiting period:
A medical examination is required for your parents to get their green cards. They must see a USCIS-approved doctor or, if abroad, a Department of State panel physician. The results must be documented on Form I-693.
Finally, gather all forms, fees, and supporting documents to submit to USCIS. Including a detailed cover letter is recommended.
Parents filing for Adjustment of Status should mail their packet to USCIS, which includes:
The USCIS may request additional documents specific to your case. Refer to the Form I-485 checklist for details.
After filing Form DS-260, your parents will receive an NVC confirmation. The next step involves submitting required documents, which can vary by consulate:
Consulates may require physical mail, email, or website uploads for these documents. Once submitted, the NVC sends the complete packet to the consulate for processing.
After USCIS receives your parent’s application, they will send a Form I-797C for confirmation. They might also issue a Request for Evidence for additional information.
About 2-3 weeks post-filing, your parents will get a notice for a biometrics appointment, detailing the time, date, and location. Following this appointment, USCIS completes the application review and schedules a green card interview. Based on the interview, the application will be either approved or denied.
The process of obtaining a green card for your parents involves numerous forms, fees, and documents. Missing a single step or misfiling a form can delay the process or result in rejection.
At Brudner Law, our immigration attorneys in Orange County/Irvine are dedicated to keeping families together. We provide comprehensive assistance to ensure your green card application is accurately completed and smoothly processed.
To further aid your understanding, here are three reputable non-competitor sources that provide valuable information on the naturalization process:
By following these steps and seeking professional assistance, you can navigate the green card process for your parents with confidence and clarity.
