Can You Sponsor a Parent for a Green Card if You Were Born in the U.S.?

For U.S. citizens, one of the most rewarding aspects of citizenship is the ability to sponsor family members for permanent residence. If you are a U.S. citizen, you may have wondered if you can sponsor your parent for a Green Card. The short answer is yes, but there are several factors to consider before beginning the process. In this article, we will explore the steps you need to take to sponsor your parent, the eligibility requirements, and any potential challenges you may face along the way.

Understanding the family-based Green Card process is essential before moving forward, as it can help you avoid unnecessary delays or complications. So, let’s dive deeper into the specifics of sponsoring a parent for a Green Card and how U.S. citizens can help their parents secure permanent resident status.

Eligibility for Sponsoring Your Parent for a Green Card

The U.S. immigration system allows U.S. citizens to sponsor certain family members, including parents, for Green Cards. As a U.S. citizen, you have the right to bring your parent to live in the U.S. permanently. However, there are certain requirements you must meet. To sponsor your parent, you must be a U.S. citizen. Permanent residents, or Green Card holders, do not have this right. You also must be at least 21 years old. If you are under 21, you cannot sponsor your parent, even if you are a U.S. citizen. This age requirement is a fundamental part of the family-based immigration process, and it applies to all family members, not just parents.

Once you meet the citizenship and age requirements, your parent qualifies as an “immediate relative” under U.S. immigration law. This category is significant because it is not subject to the annual caps that apply to other family-based immigration categories. There is no limit on the number of Green Cards available to immediate relatives, which means the process is usually quicker compared to other family-based petitions.

Immediate Relative Category for Parents

As mentioned, the category under which you will sponsor your parent is the Immediate Relative category. Immediate relatives of U.S. citizens are given priority because their relationship is considered close and essential. This category includes parents, spouses, and unmarried children under the age of 21. The Immediate Relative category is unique because there are no annual limits to the number of Green Cards issued under it. This means that once you have filed the necessary paperwork, your parent will not have to wait for a visa to become available, as is often the case with other family-based petitions. For many, this is one of the most significant advantages of sponsoring a parent for a Green Card. It provides a relatively fast pathway to permanent residency.

However, even though the process is generally quicker for immediate relatives, it is still important to understand the specific steps involved in the application process. Each step must be completed carefully and accurately to ensure the success of your petition.

The Steps to Sponsor a Parent for a Green Card

The process of sponsoring a parent for a Green Card involves several key steps. These steps should be followed in order to ensure that your parent’s petition is completed correctly and on time. The first step in the process is to file Form I-130, which is the Petition for Alien Relative. This form serves as a way for you, the U.S. citizen, to establish the familial relationship with your parent.

In addition to Form I-130, you will need to submit supporting documentation, such as your birth certificate, to prove your relationship. Once the petition is filed, U.S. Citizenship and Immigration Services (USCIS) will review it and determine whether it meets the requirements. If USCIS approves the petition, your parent will move on to the next stage of the process, which involves either adjusting their status if they are in the U.S. or going through consular processing if they are outside the country.

For parents already living in the United States, they may apply to adjust their status to a lawful permanent resident. This is done by filing Form I-485, which is the Application to Adjust Status. Your parent will need to submit this form and attend a biometrics appointment, where their fingerprints and other relevant information will be collected. In some cases, your parent may also be required to attend an interview with a USCIS officer to verify the information provided in the application.

If your parent is outside the United States, they will need to go through consular processing at a U.S. embassy or consulate in their home country. This process involves submitting additional forms and attending an interview at the U.S. consulate. Once the interview is completed successfully, your parent will be granted a visa to enter the U.S. as a permanent resident.

Throughout the process, you will be required to submit various forms, pay fees, and provide supporting documents. One of the most important forms that will be required during the Green Card application process is the Affidavit of Support, which is Form I-864. As the sponsor, you are responsible for demonstrating that you have the financial means to support your parent. This ensures that your parent will not become a public charge and rely on government assistance. The Affidavit of Support is a legally binding contract in which you agree to support your parent financially until they are able to support themselves.

Things to Keep in Mind When Sponsoring Your Parent

While the process of sponsoring a parent for a Green Card is relatively straightforward for U.S. citizens, there are several things to keep in mind to avoid delays or complications. One of the most important things to consider is your parent’s immigration history. If your parent has any prior immigration violations, such as overstaying a visa or entering the country unlawfully, it could affect their ability to obtain a Green Card. In such cases, a waiver may be required. Waivers are available in some instances, but the process can be complicated, and it is highly recommended that you consult with an experienced immigration attorney to help navigate this process.

Additionally, if your parent has a criminal record, this may also affect their eligibility for a Green Card. Certain criminal offenses can make a person ineligible to receive permanent resident status. This is another area where legal advice is important, as there may be options for overcoming certain criminal issues.

Finally, if your parent is already in the U.S. and has overstayed a visa, they may be subject to bars that could prevent them from adjusting their status. These bars are usually based on how long the person has overstayed. If your parent has overstayed their visa, a waiver may be needed, and legal guidance will be essential.

Sponsoring a parent for a Green Card is one of the most direct and fulfilling ways for U.S. citizens to support their family members. If you meet the eligibility requirements and follow the necessary steps, you can help your parent gain permanent resident status and live with you in the U.S. permanently. While the process can take time and requires careful attention to detail, the ability to reunite with a parent is a significant benefit of U.S. citizenship.

If you are considering sponsoring your parent for a Green Card, it is highly advisable to seek legal counsel to help guide you through the complex paperwork and to ensure that your petition is successful. At The Scheer Immigration Law Group, our experienced attorneys are here to assist you every step of the way. Don’t hesitate to reach out to us for personalized legal assistance.

If you are ready to begin the process of sponsoring your parent for a Green Card or need guidance on how to move forward, contact The Scheer Immigration Law Group. Our team is here to provide the expertise and support you need to make the process as smooth as possible. Reach out to us today to get started.