Process of Bringing Parents to the US After Green Card Approval
Being a U.S. green card holder comes with several advantages, including the right to live and work permanently in the United States, access to better job opportunities, travel freely in and out of the country, and eligibility for certain government benefits. However, one of the most significant benefits is the opportunity to apply for U.S. citizenship after a certain period and to eventually sponsor close family members to join you in the U.S.
Family reunification is a core principle of U.S. immigration policy, allowing citizens and permanent residents to sponsor their relatives to join them in the U.S. For many, reuniting with family members, particularly parents, is essential for emotional and financial support. The U.S. immigration system recognizes the importance of family and provides pathways for bringing immediate relatives, such as parents, to live in the country.
Once an individual becomes a green card holder, they can start thinking about how to bring their parents to the U.S. However, it’s important to note that only U.S. citizens, not green card holders, are eligible to sponsor their parents for lawful permanent residency. The process involves filing specific petitions and meeting eligibility requirements to ensure the parents can legally join their family in the U.S. Understanding this process is crucial for those looking to reunite with their parents after gaining lawful permanent resident status.
Eligibility Criteria for Sponsoring Parents
US Family-based immigration is a central pillar of U.S. immigration policy, allowing citizens and lawful permanent residents to sponsor close family members to live in the U.S. However, when it comes to sponsoring parents, only U.S. citizens—not green card holders—are eligible to petition for their parents to immigrate to the United States. This policy is designed to prioritize the reunification of immediate family members, such as spouses, children, and parents.
It’s essential to understand that while green card holders (lawful permanent residents) can sponsor their spouses and unmarried children, they are not allowed to sponsor their parents. Only U.S. citizens, once they reach the required age, have the legal ability to file a petition to bring their parents to the U.S. If you are a green card holder and want to bring your parents to the U.S., you must first become a naturalized U.S. citizen before beginning the sponsorship process.
Requirements for the Sponsor
- Must Be at Least 21 Years Old
You must be at least 21 years old and a U.S. citizen to sponsor your parents. This age requirement ensures that the sponsor is mature enough to take on the financial and legal responsibilities of bringing their parents to the U.S. Before this age, you are not eligible to file the necessary petitions, even if you are a U.S. citizen. - Financial Stability and Affidavit of Support
As part of the sponsorship process, the U.S. government requires sponsors to demonstrate that they can financially support the family members they are bringing to the country. This ensures that the sponsored parents do not become a public charge, relying on government assistance. To prove financial stability, the sponsor must submit an Affidavit of Support, a legally binding document confirming the sponsor’s commitment to support their parents if needed financially. - Demonstration of Sufficient Income or Assets
The sponsor must show that their income meets or exceeds 125% of the U.S. federal poverty guidelines for their household size, including the parents they plan to sponsor. If the income alone is insufficient, the sponsor may also demonstrate financial assets (such as savings, property, or investments) that can be used to meet the requirement. A joint sponsor can also be used to fulfill this requirement, provided they meet the financial qualifications.
Step-by-Step Process of Bringing Parents to the US After Green Card Approval
The process of bringing parents to the U.S. after green card approval begins by filing a Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS). This form establishes the familial relationship between the U.S. citizen and their parents, making it a crucial step in initiating the immigration process.
Along with the form, supporting documents, such as a birth certificate proving the parent-child relationship, proof of U.S. citizenship (like a naturalization certificate or U.S. passport), and, in some cases, the parent’s marriage certificate, must be submitted. Forms can be filed online through the USCIS website or by mail. Once the is approved, the case will move forward, depending on whether the parents are inside or outside the U.S.
After US Green card Approval
The case is sent to the National Visa Center (NVC) if the parents are abroad, or the sponsor can proceed with the adjustment of status process if the parents are already in the U.S. Approval timeframes can vary, taking several months depending on USCIS workloads and other factors like missing documentation or background checks.
Bringing Parents on green card will go through consular processing, which involves submitting documents to the NVC, paying fees, and undergoing a visa interview at a U.S. consulate in their home country. Parents must also complete a medical examination by an authorized physician. Once the visa interview is successful, the parents will receive an immigrant visa, which allows them to enter the U.S. as lawful permanent residents and eventually receive their green card.
For parents already in the U.S. under a different visa, the process is different and involves adjusting their status through an Application to Register Permanent Residence or Status. This form allows parents to change their temporary status to that of a permanent resident without leaving the U.S. After filing the Form, they may need to attend a biometrics appointment and possibly an interview with USCIS. If approved, they will receive their green card in the mail, officially granting them lawful permanent resident status without needing to return to their home country. Each of these steps requires careful attention to detail, thorough preparation, and accurate documentation to ensure the process runs smoothly.
Financial Obligations for Bringing Parents on Green Card
When sponsoring parents to come to the U.S., the Affidavit of Support plays a crucial role. This document is a legally binding contract between the U.S. government and the sponsor, ensuring that the sponsor accepts financial responsibility for their parents once they arrive in the U.S. By signing this form, the sponsor pledges to support their parents financially and confirms that the parents will not rely on public assistance or become a “public charge” during their stay.
The sponsor must demonstrate sufficient financial resources to provide for their parents, typically by showing that their income meets or exceeds 125% of the federal poverty guidelines for their household size, including the sponsored parents. If the sponsor’s income falls short, they can use assets such as savings or property to meet the requirement, or a joint sponsor can step in to share the financial responsibility.
Additionally, the sponsor remains responsible for their parents’ financial well-being until they either become U.S. citizens or have worked for 40 qualifying quarters in the U.S. It’s essential to address potential public charge issues, as the U.S. immigration system emphasizes that immigrants should not become dependent on government benefits. Sponsors are expected to ensure that their parents do not need to rely on programs like Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF).
Timeframes and Common Delays
Processing times for family-based petitions, such as Form I-130 for bringing parents to the U.S., typically range from 6 to 12 months. However, these timeframes can vary based on factors like the volume of applications, the specific service center handling the petition, and any unique complexities of the case. After the I-130 petition is approved, additional processes such as consular processing or adjustment of status can further impact the overall timeline.
Common reasons for delays or rejections include missing documentation, which often leads to requests for additional evidence and extends processing times. Background checks or administrative processing can also cause significant delays as these procedures ensure that applicants do not have criminal records or other issues. To stay updated on the status of their application, sponsors, and applicants can use the USCIS online account system, which provides real-time updates and notifications.
Additionally, the receipt notice sent by USCIS after submission contains a case number that can be used to track the petition’s progress online or by contacting USCIS customer service. Using these tools and being aware of potential delays can help manage expectations and ensure a smoother application process.
Final Word
Bringing Parents on US Green Card involves several important steps, including filing a Petition for Alien Relative to establish your relationship with your parents. Once this form is approved, parents who are abroad will go through consular processing, while those already in the U.S. will need to adjust their status.
Throughout the process, ensuring financial responsibility through the Affidavit of Support and addressing any potential delays or documentation issues are crucial. It is advisable to start this process as early as possible and to carefully follow all legal requirements to avoid unnecessary delays.
For those navigating complex cases or facing challenges, seeking additional resources or professional attorney support can provide valuable guidance and help streamline the process.
