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Green Card for Parents living abroad: How to get one
  • dimartinolaw
  • 0 Comments
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  • December 26, 2023

Green Card for Parents living abroad: How to get one

As a U.S. citizen, the prospect of helping your parents obtain Green Cards to reside permanently in the United States might seem like a complex process. However, with the right guidance and understanding of the procedures involved, sponsoring your parents can be a reality. Here, we provide an in-depth, step-by-step guide on how U.S. citizens can navigate the intricate yet rewarding path of obtaining green card for parents in the US

Understanding Eligibility Criteria

For U.S. citizens considering sponsoring their parents for a Green Card, one of the fundamental prerequisites is being at least 21 years old. Under the family preference category, qualifying individuals can initiate the petition process to bring their parents to the United States as legal permanent residents.

Immediate Relatives Category: A Key Advantage

Parents fall under the immediate relatives category, exempt from the annual numerical limitations on immigrant visas. This exemption significantly reduces the waiting time for obtaining an immigrant visa, distinguishing it from categories subject to stringent limitations.

Step-by-Step Application process

Filing Form I-130: Petition for Alien Relative

Upon confirming eligibility, U.S. citizens must file Form I-130 individually for each parent through the U.S. Citizenship and Immigration Services (USCIS). This crucial step necessitates establishing a qualifying family relationship between the petitioner and the beneficiary.

NVC and Embassy Procedures

After USCIS approval, the National Visa Center (NVC) handles the petition, forwarding it to the US Embassy or Consulate in the parents’ residing country. The NVC dispatches Form I-864, Affidavit of Support, to demonstrate the petitioner’s financial capability to sustain the parents in the U.S.

Visa Applications and Interviews

Following the I-130 and I-864 approvals, the US Embassy or Consulate notifies the parents about the necessary applications and documents required for their immigrant visas. Under the immediate relative category, parents might bypass the lengthy wait for visa numbers, proceeding swiftly to their immigrant visa interviews.

Immigrant Visa Interview

At the scheduled interview, immigration officers assess the applications. Upon successful approval and visa issuance, parents gain lawful permanent resident status and can travel to the U.S.

Adjustment of Status: Additional Pathways

For parents already in the U.S. on valid nonimmigrant visas who are eligible for legal status adjustment without leaving the country, the adjustment of status process becomes viable. This avenue applies exclusively to legal entrants, not those who entered without inspection.

Required Supporting Documents

The documentation process varies based on specific circumstances.

For petitioning mothers residing abroad: birth certificates reflecting the mother’s and petitioner’s names, or alternative citizenship proof.
For petitioning fathers abroad: birth certificates and marriage certificates, accompanied by the petitioner’s citizenship evidence.
Special Cases: Detailed instructions are provided for children born out of wedlock, stepparents, and adoptive parents, necessitating specific documents to substantiate the familial relationship.

By following these detailed steps and adhering to the document requirements, U.S. citizens can significantly enhance their chances of successfully petitioning for their parents’ Green Cards, ensuring a smoother transition to legal permanent residency in the United States. If you’re considering this process, meticulous attention to detail and accurate document submission are key to expediting the application process for your parents’ Green Cards.

This comprehensive guide aims to illuminate the intricate procedures involved in sponsoring parents for a Green Card, providing U.S. citizens with a robust understanding of the process and its requirements. For personalized guidance and legal counsel, consulting with immigration lawyers in the US is strongly recommended to ensure a successful application process.

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