Unfortunately, bringing your parents to lawfully live and work indefinitely in the U.S. is no simple task. You must go through a lengthy process before you can successfully sponsor them for a green card. You should consult with an experienced immigration law attorney when you are beginning a green card application for parents.
Hayoon Kane Law Firm, PLLC, helps families like yours with the visa or green card application process, making your life much easier when dealing with a complex branch of the United States government. While there are no guarantees when filing immigration applications, your chances of success are often greater with the right legal counsel and assistance.
How to Submit Paperwork to Bring Your Parents to the United States?
The Form I-130 is the key document that forms the basis of your petition for a green card for your parents. Not only do you need to furnish all of the information on the main form, but you also must prove the familial relationship between you and your parent. You will submit a separate petition for each of your parents if you want to bring them both to live in the United States.
You will need to submit different paperwork depending on whether you are trying to help your mother or father obtain a green card. If you are applying for a green card for your mother, you will submit a copy of your passport or naturalization certificate, along with a copy of your birth certificate, which has your mother’s name on it.
If you are applying for a green card for your father, you will provide a copy of your parents’ marriage certificate and your birth certificate, which shows the names of both of your parents. If you were born out of wedlock, you must show evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21, whichever came first.
In addition, you will have to submit an affidavit of financial support for your parent when they are in the United States. You warrant that you can support them so they will not have to seek public benefits. In addition, the application also must include evidence of your own citizenship to apply for the green card.
There is no limit on green cards for parents under United States laws. Unlike certain types of family preference categories, visas, you are not competing with other people for a limited number of slots. Still, you need to pay very close attention to the legal process and getting the paperwork correct to avoid any potential delays.
If your parent is already in the United States on an immigrant visa, they will apply for a green card by seeking to adjust their status. If they are located abroad, they will file paperwork seeking a green card through consular processing.
How Long Will It Take to Obtain a Green Card for My Parents?
Any process that requires approval from the USCIS can take a considerable amount of time, even if there are no complicating factors specific to your case. It can take time for your paperwork to be reviewed, and USCIS may determine that they need more information in the form of asking questions or requiring additional evidence. Either way, you should not be counting on a quick approval in light of a lengthy green card for parent processing time, meaning that you should begin the process as soon as possible. However, you should not rush the application paperwork simply to get it in front of USCIS and begin the process.
In general, the amount of time it takes for your application to be resolved depends on the facts and circumstances of the situation. The exact time may depend both on the strength and completeness of your application, as well as the USCIS caseload and backlog. You should not expect the process to be complete before twelve months, and it may take even longer. From your standpoint, the only thing you can do to move the process forward is to ensure there are no mistakes in your paperwork.
What Happens if My Petition Is Denied?
Green card applicants are entitled to due process if their applications are denied. In other words, the case officer who decides on the individual application does not have the final word.
A parent’s green card application can be denied for a number of reasons, including:
- USCIS is not convinced that there is a parental relationship between you and the applicant
- The parent has a criminal record, including a “crime of moral turpitude”
- There are security concerns surrounding the individual applicant
- The parent has overstayed a previous visa in the United States
- There were mistakes with the application paperwork
USCIS may pose some additional questions before rejecting a petition. If they need more proof or are uncertain about something in your application, they could send you Requests for Evidence.
You can file an appeal if the green card application is denied. You can file a request for reconsideration directly with USCIS. You can also file an appeal with the Board of Immigration Appeals or the USCIS Office of Administrative Appeals. A parental green card lawyer can advise you about the most effective way to file your appeal, and they will represent you throughout the process.
Can My Parent Become a United States Citizen?
Obtaining a green card for your parents makes them permanent residents of the United States, and it gives them the right to work in the country (which a visa holder does not have). Lawful permanent residency status can also be the first step towards becoming a citizen of the United States. After five years of holding a green card, your parent can apply for citizenship. They will need to go through another approval process requiring its own paperwork. The waiting period is shortened to three years if your parent is married to a United States citizen.
Do I Need a Lawyer to Apply for a Parental Green Card?
Although there is no absolute legal requirement to hire an immigration attorney to apply for a parent’s green card, you will certainly be better served if you seek legal advice and help. Any type of application process involving the USCIS can be lengthy and complex, with many potential pitfalls. The last thing you want or need is for unnecessary delays to be introduced into the process. Even if the delay results from a paperwork error, as opposed to a substantive problem with the application, it can still take many more months for you to bring a parent to the United States.
An immigration attorney can assist you with a green card application for parents in several ways:
- Explaining the application process and the requirements you must meet for success
- Help determine whether a parent or family member may be eligible for a US green card
- Draft your green card application for parents, including the necessary documentation and supporting evidence you need to prove eligibility
- Providing advocacy on your behalf as the application is being processed by USCIS, communicating with case officers as necessary
- Representing you in an appeal if the green card application is denied
Applying for a parental green card can be a very stressful process. You have obvious reasons why you want and need your parents near you, but there are many uncertainties when you are dealing with USCIS. Although hiring an immigration law attorney does not guarantee success, it can reduce the chances of errors that can delay the paperwork and provide you with an advocate when dealing with a sprawling bureaucracy.
You should be proactive in hiring a green card lawyer for your parents at the beginning of the application process, rather than waiting for a problem with your petition to arise. It can take quite a weight off your shoulders.
Contact a Las Vegas Green Card Lawyer for Your Parents Today
The Hayoon Kane Law Firm, PLLC works with green card applicant clients in a patient and attentive way from the moment that you hire us for your case. We use a green card application process intended to get the results that your family wants and needs. You can schedule a free case review, where you will learn about the process we use to handle your green card petition.
You can schedule an appointment with an immigration law attorney by contacting us online or by calling us today at (702) 463-7630. We help clients located throughout the United States with their immigration law needs. See how we can assist you.
