Obtaining a green card through family can feel overwhelming, especially when you are trying to figure out if an adult child can sponsor their parent. While the answer is normally yeast, who qualifies and how to apply can be complex. Please read this to discover when a parent can get a green card through an adult child, and how a knowledgeable Middlesex County, New Jersey Immigration Lawyer can assist you.
Can a Parent Get a Green Card Through an Adult Child?
Generally, U.S. citizens have the option to petition for a green card for their parents. The petitioning son or daughter must be at least 21 years old. This process is categorized as an “immediate relative” under U.S. immigration law. This is a significant benefit because immediate relatives are usually exempt from the yearly visa caps that apply to other forms of family-sponsored immigration.
To meet the eligibility requirements, the child sponsoring the parent must hold U.S. citizenship, not merely lawful permanent resident status, and be 21 years or older. Furthermore, the parent must meet the eligibility standards of U.S. immigration law, and the child must present evidence verifying the qualifying parent-child relationship.
What Does the Application Process Entail?
The process for a U.S. citizen’s child to sponsor a parent for lawful permanent resident status involves multiple stages. The specific path taken is determined by whether the parent currently resides within the U.S. or abroad.
The initial step is filing Form I-130, Petition for Alien Relative. This document’s primary purpose is to formally validate the required familial bond between the parent and child. Proof of this relationship, typically through documents like birth certificates, must be filed with the petition.
Following the 1-30’s approval, there are two paths to permanent residency: either Adjusting Status or pursuing Consular Processing. Parents already residing in the U.S. legally will typically proceed with an Adjustment of Status. Parents residing outside the country, on the other hand, must complete Consular Processing at the U.S. embassy or consulate in their home country.
Although parents of U.S. citizens are classified as “immediate relatives,” which exempts them from visa caps that cause delays for other immigration categories, processing times are not immediate. The initial I-130 petition itself usually requires several months for completion. The subseqny phase adds time. Consequently, the timeline for securing permanent residency can span from several months to upwards of a year.
Given the complexities of immigration law, minor errors can often result in significant delays or outright denials. At Aditya Surti, LLC, we are prepared to assess your qualifications and provide guidance throughout every stage of the process. Connect with our legal team today to schedule a consultation.