How to bring my parents to live in the United States as Permanent Residents
How to bring my parents to live in the United States as Permanent Residents
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It is common for many immigrants who live in the United States to want to sponsor or bring their parents to live in the country with them permanently. If you are a US Citizen and over 21 years old, you can do it. However, Green Card holders (Legal Permanent Residents) cannot petition their parents.
If you are eligible to bring your parents to the US as legal immigrants, the process consists of two steps. First, the United States Citizenship and Immigration Services, USCIS, must approve your petition. If the petition is approved, your parent must go to a local US consulate to complete the process for obtaining an immigrant visa. If he or she is already in the United States s/he can apply for an adjustment of status.
Can you petition for your mother?
If your mother lives outside the United States you need to fill out Form I-130, Petition for Alien Relative and include supporting documents of your family relationship. However, if you gained your permanent residency or citizenship through adoption, you cannot petition for your birth mother.
Can you petition for your father?
To petition for your father you will need more documents. If he lives outside the US, you should also file Form I-130. You will need separate forms for each of your parents. Supporting documents will also be necessary. If your parents did not marry before you were 18 you will need to provide evidence of the parent-child relationship between you and your father. Also, if you were adopted and gained your citizenship or permanent residency this way, you cannot petition for your birth father.
Can you petition for your step-parent or adoptive parent?
Yes, you can petition for your step-parent if the marriage between your natural parent and your step-parent occurred before your 18th birthday.
As for an adoptive parent, you can petition for him or her if the adoption took place before your 16th birthday; if you were in custody of and living with the adoptive parent; and you were living like this for at least two years prior to the petition.
You can use the following table from the USCIS to guide yourself about what documents you need to submit, depending on your personal situation:
| If you are a U.S. Citizen who is at least 21 years old, and your… | Then you must submit… |
| mother lives outside the United States, | Form I-130 A copy of your birth certificate showing your name and your mother’s name A copy of your Certificate of Naturalization or US passport if you were not born in the United States |
| father lives outside the United States, | Form I-130 A copy of your birth certificate showing your name and the names of both parents A copy of your Certificate of Naturalization or Citizenship or US passport if you were not born in the United States A copy of your parents’ civil marriage certificate |
| father lives outside the United States and you were born out of wedlock and were not legitimated by your father before your 18th birthday, | Form I-130 A copy of your birth certificate showing your name and your father’s name A copy of your Certificate of Naturalization or Citizenship or US passport if you were not born in the United States Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21, whichever came first |
| father lives outside the United States and you were born out of wedlock and were legitimated by your father before your 18th birthday, | Form I-130 A copy of your birth certificate showing your name and your father’s name A copy of your Certificate of Naturalization or Citizenship or US passport if you were not born in the United States Evidence that you were legitimated before your 18th birthday through the marriage of your natural parents, the laws of your state or country (of birth or residence), or the laws of your father’s state or country (of birth or residence) |
| the petition is filed to bring your step-parent to live in the United States, | Form I-130 A copy of your birth certificate showing the names of your birth parents A copy of the civil marriage certificate of your birth parent to your step-parent showing that the marriage occurred before your 18th birthday A copy of any divorce decrees, death certificates, or annulment decrees to show that any previous marriage entered into by your natural or step-parent ended legally |
| petition is filed to bring your adoptive parent to live in the United States, | Form I-130 A copy of your birth certificate A copy of your Certificate of Naturalization or Citizenship if you were not born in the United States A certified copy of the adoption certificate showing that the adoption took place before your 16th birthday A statement showing the dates and places you have lived together with your parent |
After you file the petition, USCIS will issue a receipt confirming that the package is received and the status is pending. The unique number on your receipt will let you track your case. Nonetheless, we believe that if you have as your ally and guide an immigration attorney, not only will you avoid making any mistakes throughout the process, but also you will know exactly how to proceed every step of the way.
Read our post about the top five benefits of hiring an immigration lawyer in San Diego, California and contact Kannan Law if you need legal assistance.