At what age a child can petition for his or her parents? All U.S. citizens over the age of 21 may petition for their parents to enter and live legally in the United States. In contrast, permanent residents cannot petition their parents for permanent legal status, but only for a temporary visa.
Don’t face a family petition process alone family petition. At Urbina Immigration Law we can help you. With our years of experience in family immigration, we can guide you through the process of reuniting you with your loved ones. Contact us to receive the legal advice you need.
Table of Contents
What is a petition from citizen children to parents?
A petition of citizen children to parents is a legal process through which a U.S. citizen child applies to the U.S. Citizenship and Immigration Services (USCIS) to grant his or her parents immigrant status to live and work in the United States permanently.
At what age a child can petition his or her parents?
At 21 years of age, any U.S. citizen may petition for his or her parents, providing them with legal status so that they may reside in the United States. This falls within the group of family visas. family visas and are a benefit for those already naturalized, as well as for their families.
How long can a petition from citizen children to parents take?
The time it takes for a petition for citizen of parents depends on several factors, such as the current immigration status of the parents and whether they are inside or outside the United States.
If the parent resides in the country at the time of filing and is able to adjust status, the petition from citizen child to parent takes approximately 5 months. However, if the parent is unable to adjust status, the process can take more than 10 years.
Requirements for filing a petition from citizen children of parents
To petition for citizen children of parents, you must meet the following requirements:
- Be a U.S. citizen and at least 21 years of age.
- Complete and submit the Form I-130 (Petition for Alien Relative) to USCIS.
- Complete and submit the Form I-485 (Application for Adjustment of Status) to USCIS (only if your parents are lawfully residing in the United States at the time of application).
- Attach the following documents:
- Copy of your birth certificate.
- Copy of your parents’ birth certificate.
- Copy of your parents’ marriage certificate (if married).
- Copy of your U.S. passport or proof of your citizenship status.
- Proof of relationship, such as copies of birth certificates showing the relationship between you and your parents.
- Pay immigration processing fees, which include the Form I-130 fee, Form I-485 fee, and any other associated costs.
- Demonstrate that you have sufficient income to be the financial sponsor of your parents. This means having a minimum income of 125% above the Federal Poverty Level (FPL) for your family size, or having a financial sponsor that meets this requirement.
At Urbina Immigration Law we can help you with your family petition. Our attorneys have the experience and dedication necessary to help you reunite once again with the people you love. Contact us to get the legal help you deserve.
Documentation for petitioning citizen children of parents
If you are seeking to petition for citizen children of parents, you should be aware that the eligibility documents depend on whether or not your parents are residing in the United States at the time of filing.
Petition for citizen children of parents not residing in the U.S.
In case your parents are living outside the United States, you must comply with these documents in order to file a citizen child to parent petition:
- File Form I-130 (Petition for Alien Relative).
- Copy of the applicants birth certificate and that of his parents.
- Copy of the applicants certificate of naturalization, U.S. passport or citizenship .
- Copy of the civil marriage certificate (if requested from the father, mothers are exempt from this requirement).
Petition for citizen children of parents legally residing in the U.S.
In case your parents legally reside in the United States, you must comply with these documents in order to file a petition from citizen children to parents:
- File Form I-130 (Petition for Alien Relative).
- File Form I-485 (Application for Adjustment of Status).
- Copy of the applicants birth certificate and that of his parents.
- Copy of the applicants certificate of naturalization, U.S. passport or citizenship .
It is important that you do not leave the country while the adjustment of status by petition from citizen children to parents is being processed, as this may cause problems in the application.
How to make a request from citizen children of parents?
Step 1 – Gather the necessary documentation
Make sure to gather all the necessary documentation, which includes:
– Copy of your birth certificate and that of your parents.
– Copy of their certificate of citizenship or U.S. passport, as well as any evidence of emotional or economic ties to your parents.
– Form I-130 (Petition for Alien Relative).
– Form I-485 (Application for Adjustment of Status), if your parents reside in the United States.
Step 2 – Completing Form I-130
Complete Form I-130 (Petition for Alien Relative) with the required information, including your personal information and that of your parents. Also attach the required documentation which includes copies of the documents mentioned in step 1.
Step 3 – Pay the corresponding fees
Pay the corresponding fees:
– In the case of Form I-130, the filing fee is currently $535.
– In the case of having to also file Form I-485, an additional $1225 is added.
Step 4 – Send the petition for citizen children of parents to USCIS
Send by certified mail or hand-deliver Form I-130 along with the attached documents to the U.S. Citizenship and Immigration Services(USCIS).
Step 5 – Wait for notification of acceptance or rejection
Once received, USCIS will decide whether or not to approve your citizen child to parent petition and will send you a notice confirming its decision. Please note that this process may take several months. If the petition is accepted and their parents live outside the United States, USCIS will notify them to go to the nearest U.S. consulate and continue the process from there. In addition, they must send the approved documents to the National Visa Center.
Step 6 – Schedule an interview at the consulate or embassy
You will be asked to schedule an interview at the consulate or embassy of the country where your parents currently reside. During the interview, you will be required to present a recent medical examination.
Step 7 – Obtaining a visa and travel to the United States
Once the application is approved, her parents will receive the requested immigrant visa, after which they must travel to the United States with her. Upon arrival, an immigration officer will stamp their passports, which will grant them permanent residency.
Do not face a family request alone. At Urbina Immigration Law we can help you. Our services of family petition services offer the support you need to reunite you with your loved ones. Contact us today and secure your family’s future in the country you have chosen as your home.
Can my parents work while their Green Card application is being processed?
Yes, your parents can work while their Green Card application is pending if they have been admitted and have an immigrant visa, whether or not they reside in the United States.
If their parents are out of the country, they will receive a stamp in their passport when they enter the country, which will allow them to work while waiting for their Green Card approval. On the other hand, if they reside in the country and have filed an application for adjustment of status, they may also work while their case is pending.
How much do I have to earn to sponsor my parents?
The cost of applying to their parents is based on the need to demonstrate that the applicant has adequate financial resources. To do so, you must file Form I-864 (Affidavit of Economic Sponsorship), as provided in section 213A of the corresponding Act.
According to these regulations, the sponsor must have a minimum income equivalent to 125% of the Federal Poverty Level (FPL), which currently amounts to approximately $12,880 USD for each individual. If this requirement is not met, an evaluation of the applicant’s economic capacity will be carried out based on his or her assets, such as checking accounts, savings accounts, property, stocks and real estate.
What to do if my petition for citizen children of parents is denied?
If a petition for citizen children of parents is denied, information on how and when you can appeal this decision to the Board of Immigration Appeals by submitting the Appeal Form and paying the appropriate fees is included in the same denial notification letter. In these cases, it is advisable to seek professional legal advice to help you with your appeal.
Can I apply for a Green Card for my parents if I already have one?
No, only U.S. citizens over the age of 21 can apply for permanent residency for their parents. The only case in which a Green Card holder may apply for another immediate relative is when applying for a spouse or unmarried children under the age of 21.
What other relatives can I petition for as a U.S. citizen?
As a U.S. citizen, you may petition for the following family members:
– Spouse.
– Sons and daughters under 21 years of age.
– Adopted sons and daughters abroad.
– Brothers and sisters.
Get professional help to file your petition from citizen children to parents.
Don’t let more time pass and start the process to reunite with the people you love through the family petition process with Urbina Immigration Law by your side. Our team of professional attorneys have extensive experience in family immigration cases and can help you through the entire process.
The U.S. immigration system can be extremely complex and navigating it can be overwhelming at times, especially when it comes to bringing loved ones. But with our experience, you can rest assured that your rights and those of your family will be protected. This is the first step in guaranteeing their family members legal status in the United States. Contact our offices today and let’s fight together for a better tomorrow.
Sources
USCIS – Permanent Residency for Family-Based Immigrants.
USCIS – Categories of Eligibility for Permanent Residence.
USCIS – I-130, Petition for Alien Relative.
Other resources
K1 Visa and its requirements: Eligibility and required documentation
Why can the K1 visa be denied? Factors influencing their denial
K1 Visa Approved: Steps to follow and Recommendations
Form I129F: How to Start the K-1 Visa Application Process
Form I-130: Everything you need to know
What are the requirements for family reunification in the United States?
Getting married in the U.S. as an undocumented immigrant: what you need to know
Family sponsorship limits: How many family members can I bring to the United States?
