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How
Do I Bring My Parents to Live
in the United States?
Background
An
immigrant is a foreign national who has been granted the privilege
of living and working permanently in the United States. Your parents
must go through a three-step process to become an immigrant. First,
the INS must approve an immigrant
petition that you file
for your parents. Second, the State Department must give your
parents an immigrant visa number, even if they are already in the
United States. Third, if your parents are already in the United
States, they may apply to
adjust to permanent resident status. If they are outside the United
States, they will be notified to go to the local U.S. consulate to
complete the processing for an immigrant visa.
Who
is Eligible?
If you are a U.S. citizen and at least 21 years old, you are
eligible to petition to bring your parents to live and work
permanently in the United States.
If you are a lawful permanent resident, you are
not eligible to petition to bring your parents to live and work
permanently in the United States.
What
are the Requirements for Filing
the Visa Petition?
If you are seeking permanent
resident status for your mother,
you must file the following items with the Immigration and
Naturalization Service:
ˇ
Form
I-130 Petition for an Alien Relative
(If you are filing for both parents, you must file a separate form
for each parent.)
ˇ
Your birth certificate
(copy) showing the names of you and your mother
ˇ
Your Certificate of
Naturalization or Citizenship (copy) if you were not born in the
United States.
If you are
seeking permanent resident status for your father, you must file the following items with the Immigration and
Naturalization Service:
ˇ
Form 1-130 Petition
for an Alien Relative (If you are filing for both parents, you must
file a separate form for each parent.)
ˇ
Your birth certificate
(copy) showing the names of you and both parents
ˇ
Your Certificate of
Naturalization or Citizenship (copy) if you were not born in the
United States.
ˇ
A copy of your
parents' marriage certificate.
ˇ
A copy of any divorce
decrees, death certificates, or annulment decrees that would show
that any previous marriage entered into by your mother or father was
ended legally.
If you are illegitimate,
and are seeking permanent resident status for your father,
you must file the following items with the Immigration and
Naturalization Service:
ˇ
Form 1-130 Petition
for an Alien Relative (If you are filing for both parents, you must
file a separate form for each parent.)
ˇ
Your birth certificate
(copy) showing the names of you and your father
ˇ
Your Certificate of
Naturalization or Citizenship (copy) if you were not born in the
United States.
ˇ
Evidence that an
emotional or financial bond existed between you and your father
before you were married or reached the age of 21.
If you are legitimated,
and are seeking permanent resident status for your father,
you must file the following items with the Immigration and
Naturalization Service:
ˇ
Form 1-130 Petition
for an Alien Relative (If you are filing for both parents, you must
file a separate form for each parent.)
ˇ
Your birth certificate
(copy) showing the names of you and your father
ˇ
Your Certificate of
Naturalization or Citizenship (copy) if you were not born in the
United States.
ˇ
Evidence you were
legitimated before your 18th birthday through the marriage of your
natural parents, the laws of your country, or the laws of your
father's country.
If you are
seeking permanent resident status for your stepparent, you must file the following items with the Immigration
and Naturalization Service:
ˇ
Form 1-130 Petition
for an Alien Relative (If you are filing for both parents, you must
file a separate form for each parent.)
ˇ
Your birth certificate
(copy) showing the names of your natural parents
ˇ
Your Certificate of
Naturalization or Citizenship (copy) if you were not born in the
United States.
ˇ
A copy of the marriage
certificate of your parent to your stepparent showing that the
marriage occurred before your 18th birthday.
ˇ
A copy of any divorce
decrees, death certificates, or annulment decrees to show that any
previous marriage entered into by your natural or stepparent ended
legally.
If you are
seeking permanent resident status for your adoptive parent, you must file the following items with the
Immigration and Naturalization Service:
ˇ
Form 1-130 Petition
for an Alien Relative (If you are filing for both parents, you must
file a separate form for each parent.)
ˇ
Your birth certificate
(copy),
ˇ
Your Certificate of
Naturalization or Citizenship (copy) if you were not born in the
United States.
ˇ
A certified copy of
the adoption certificate
ˇ
A statement showing
the dates and places you have lived together with your parent.
Parent
Application Responsibilities
If your parent is outside the borders of the United States, your parent will be notified to go to the local U.S. consulate to
complete the visa processing if their application for an immigrant
visa is approved.
If your parent is currently inside
the borders of the United States, then your
parent may be eligible to file the following materials with the
Immigration and Naturalization Service. These application items can
be submitted at the same time as your Form I-130, Petition for an
Alien Relative:
ˇ
Form
I-485 Application to Register Permanent Residence or Adjust Status
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Form
G-325A Biographic Data Sheet
ˇ
Form
I-693 Medical Examination Sheet
ˇ
Two color photos taken
within 30 days (Please see Form I-485 for more instructions on
photos.)
ˇ
Form
I-864 Affidavit of Support
(completed by the sponsor).
ˇ
Form
I-765 Application for Employment Authorization
(if seeking employment while case is processed).
ˇ
Form
I-130 Petition for Alien Relative,
or the INS I-797 approval notice if you (the child) filed the visa
petition before your parent filed their I-485 Application to
Register Permanent Residence or Adjust Status.
ˇ
Copy of your parent's
birth certificate
ˇ
Evidence of inspection
or parole into the United States (INS Form I-94, Arrival-Departure
Record.)
Will
I Get a Work Permit?
Applicants who are inside the United States and have filed INS Form
I-485 (Application to Register Permanent Residence or Adjust Status)
are eligible to apply for a work permit while their case is pending.
Your parent should use INS
Form I-765 to apply for a work permit.
Your parent does not need to apply for a work permit once they are
granted an immigrant visa or adjust to permanent resident status. As
a legal permanent resident, your parent should receive a permanent
resident card that will provide evidence that your parent has a
right to live and work in the United States permanently. If your
parent is now outside the United States, your parent will receive a
passport stamp upon arrival in the United States. This stamp will
prove that your parent is allowed to work until a permanent resident
card is created.
How
Can I Check the Status of My Visa Petition?
To check the status of your visa petition, please contact the INS office that received your visa petition.
You should be prepared to provide the INS staff with specific
information about your visa petition.
How
Can I Appeal?
If the visa petition you filed for your parent is denied, the denial
letter will tell you how to appeal. Generally, you may appeal within
33 days of receiving the denial by mail. After your appeal form and
a required fee are processed, the appeal will be referred to the
Board of Immigration Appeals in Washington, D.C.
Can
Anyone Help Me?
If advice is needed, you may contact the INS District Office near
your home for a list of community-based, non-profit organizations
that may be able to assist you in applying for an immigration
benefit.
How Do I Apply for Immigrant Status Based on Employment?
How Do I Become a Lawful Permanent Resident While in the United States?
How do I bring my brother/sister to the United States?
How Do I Bring My Children to Live in the United States?
How do I bring my Fiancé(e) to the United States?
How Do I File an Affidavit of Support?
How Do I Get a Work Permit?
How Do I Replace My Permanent Resident Card?
US IMMIGRATION GLOSSARY AND ACRONYMS
Sourced
from the US Department of Justice – Immigration and Naturalization
Service
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