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Green Card For Parents | Top 10 Things You Should Know

  • POSTED: May 29, 2013
  • CATEGORY:
  • POSTED BY: LawrenceGruner

Green Card For Parents | Top 10 Things You Should Know

A green card endures ten years despite the fact that it says “lasting” on the real card. Green Card For Parents | Top 10 Things You Should Know

1. Only a US Citizen, 21 years old or older, can file a petition for his or her parents.   If you are filing for both parents you will need to file 2 separate petitions.  One for each of them.
2. The current USCIS filing fee is $535.00 for the I-130 process (parent is out of the country).  You will pay an additional $700 approximately in filing fees as the case progresses.  If the parent entered the country legally and qualifies for the adjustment of the status process (please consult with an attorney to verify) then the current filing fees are $1,760.00.  These filing fees change regularly and you are advised to check with USCIS for the current fees prior to filing any documents.
3. A US Citizen can file for their mother whether their parents were married or not. If a US Citizen is filing for their father, their birth must have been legitimated or they will have to provide documentation of their relationship with their father.
4. You will have to prove to the U.S. government that you can financially support your parent(s).  You will need to show sufficient income or assets to support, or sponsor, your parents at 125% of the U.S. poverty guidelines (as well as supporting your own family). This is intended to make sure they aren’t inadmissible as likely “public charges,” or people likely to receive need-based government assistance.  You will need to fill out form I-864 for each of your parents.  If you do not qualify based on your income is too low you may be able to qualify by showing that you have enough assets to satisfy the requirement.  In the alternative, you may be able to have a financial co-sponsor help you meet this requirement.
5. You must submit evidence proving that you are the daughter or the son of your parent.  This can generally be done via your birth certificate which will list both your mother and your father as your parents.  If you are petitioning for your father you would submit your parents’ marriage certificate as well.
6. There is an unlimited number of visas for parents of US Citizens over 21.  This means that there is no quota or limit to the number of cases USCIS will process in a given year.
7. A Permanent Resident cannot file for his or her parents.  The permanent resident should look into becoming a U.S. Citizen.  If the permanent resident becomes a U.S. Citizen he or she may immediately file for his or her parents. Be aware that there are risks in applying for U.S. Citizenship.  If the case is denied USCIS can, under certain circumstances, take your green card as well.  It is wise to consult with an experienced immigration attorney prior to filing for U.S. Citizenship.
8. If the parent of the US Citizen entered the USA without legal permission and are in the USA they cannot adjust status unless they are eligible under 245(I).   If this is your case, there can be SIGNIFICANT issues so please speak to an experienced immigration attorney prior to doing anything 888-801-6558
9. If the parent of the US Citizen entered on a tourist visa and overstayed that visa they may be able to still adjust status through their child while they are in the United States.  However, the parent should not leave the United States without speaking to an attorney to make sure that they will not be barred from re-entering the United States for 3 or 10 years.  If this is your case please speak to an experienced immigration attorney prior to filing any paperwork or leaving the United States.  You may consult with our office by calling 888-801-6558
10. Proposals have been made to limit the number of visas allowed under this category.  However, under current law, a U.S. Citizen can still file a petition for his or her parent(s).
This blog article is titled: Green Card For Parents: Top 10 Things You Should Know.  If you are hoping to obtain a green card for your parents you should always consult with an experienced immigration attorney.  The attorney can look through your case an make sure to help you handle any problem areas before they actually become problems.  He can also help you file your case so that there are no delays.
Lawrence Gruner is an immigration attorney with almost 20 years of experience.  His office handles fiance visa cases, green card cases, and U.S. Citizenship cases.  He would be happy to talk to you about your immigration case and help you come up with an immigration plan.  He has office locations throughout California.  His office handles cases in California, the United States, and the World.  He may be reached at 888-801-6558 or 916-760-7270. 
This blog post is informational in nature and does not constitute an attorney-client relationship.  Laws can and do change and may affect the validity of the information provided in this blog post.  Always consult with an experienced immigration attorney prior to filing anything with USCIS.

 

Green Card For Parents | Top 10 Things You Should Know
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