Sponsoring Parents for U.S. Immigration

At Shah & Kishore, we understand how important it is for families to stay connected especially when it comes to caring for aging parents or reuniting across borders. If you are a U.S. citizen aged 21 or older, you may petition for your mother and/or father to become lawful permanent residents (green card holders) of the United States.

Parents of U.S. citizens are considered “immediate relatives”, which means they are not subject to annual visa quotas or priority date delays. This makes the process significantly faster than other family-based categories. However, the application still requires careful documentation, including proof of the parent-child relationship and a legally binding Affidavit of Support to demonstrate financial responsibility.

We also assist with complex family situations, such as:

  • Step-parents, where eligibility depends on whether the marriage to the biological parent occurred before the child turned 18.
  • Unmarried parents, where additional documentation may be needed to establish a legal parent-child relationship.
  • Adoptive parents, which require proof of a valid legal adoption and a bona fide parent-child relationship.

Even in immediate relative cases, USCIS closely examines the authenticity of the relationship, the sponsor’s financial capacity, and the parent’s immigration history. Our firm has extensive experience preparing strong, well-documented applications that meet current standards and avoid unnecessary delays.

If your parent is currently outside the United States, they will go through consular processing. If they are already in the U.S. on a valid visa, they may be eligible to adjust status without leaving the country. Below is a step-by-step guide to help you understand the process.

Step-by-Step: Sponsoring a Parent for a Green Card

Eligibility

  • You must be a U.S. citizen aged 21 or older.
  • Lawful permanent residents cannot sponsor parents.

Step 1: File Form I-130

  • Submit Form I-130 (Petition for Alien Relative) for each parent individually.
  • Include proof of the parent-child relationship:
    • Birth certificate showing the U.S. citizen as the child.
    • Marriage certificate (if sponsoring a father and the child was born out of wedlock).
    • Evidence of legal name changes, if applicable.

Step 2: Choose the Processing Path

If Parent is Inside the U.S.

  • File Form I-485 (Application to Adjust Status) concurrently with I-130.
  • Parent may receive:
    • Employment Authorization Document (EAD) to work legally.
    • Advance Parole (AP) to travel abroad and return without a visa.

If Parent is Outside the U.S.

  • After I-130 approval, the case is transferred to the National Visa Center (NVC).
  • Parent completes DS-260 (Immigrant Visa Application) and attends an interview at a U.S. consulate.
  • Upon entry, they become a lawful permanent resident.

Step 3: Submit Affidavit of Support

  • Sponsor must file Form I-864 (Affidavit of Support).
  • Must demonstrate income at least 125% of the Federal Poverty Guidelines.
  • May use assets or a joint sponsor if income is insufficient.

Step 4: USCIS or Consular Interview

  • USCIS may schedule an interview for adjustment of status cases.
  • Consular processing cases require an interview abroad.
  • Officers will verify relationship, admissibility, and financial support.

Step 5: Receive Green Card

  • If approved, your parent becomes a lawful permanent resident.
  • Green card is typically valid for 10 years and renewable.