For many families, the ability to live together in the United States is a long-awaited dream. If you are a U.S. citizen hoping to bring your parents to the U.S., you may be wondering how the immigration process works.
However, family-based immigration is not always as simple as it seems. Between paperwork, eligibility requirements, and processing delays, even minor mistakes can result in setbacks.
Understanding which visa options are available for parents and how U.S. immigration law applies to your situation is the first step.
But more importantly, having the right legal guidance from a family immigration lawyer can make all the difference in ensuring a smooth and successful process.
Can You Sponsor Your Parents for a Green Card?
For U.S. citizens, the good news is that parents are considered immediate relatives under U.S. immigration law. This means they are not subject to annual visa limits and do not have to wait in a backlog.
However, only U.S. citizens who are at least 21 years of age can petition for their parents. For lawful permanent residents, the process is different as they cannot file for their parents directly.
Green card holders cannot petition for their parents under U.S. immigration law. They can, however, apply for certain other family-based immigrant visas for eligible relatives.
Common Challenges in the Parent Sponsorship Process
Bringing a parent to the U.S. involves multiple steps, including filing a family based petition first, once it is approved, filing a visa petition, submitting financial sponsorship documents, and attending an embassy interview.
While it may seem straightforward, the process can become complicated due to documentation requirements, financial eligibility rules, and delays at the National Visa Center.
Here are some common challenges that families encounter:
1. Proving the Parent-Child Relationship
- U.S. immigration authorities require strong evidence to confirm the family relationship between the petitioner and their parent.
- Birth certificates, marriage certificates, and other official documents must be submitted. Missing or incorrect paperwork can result in delays.
2. Financial Sponsorship Requirements
- The sponsoring U.S. citizen must prove they can financially support their parent through an Affidavit of Support.
- If income requirements are not met, a joint sponsor may be required.
3. Processing Delays and Bureaucratic Backlogs
- Even though immediate relatives do not have to wait for a visa number, cases can be delayed at USCIS and the National Visa Center due to processing backlogs.
- Errors in documentation can lead to Requests for Evidence (RFEs), causing additional delays.
4. Medical and Immigration Eligibility Issues
- Parents must undergo a medical exam before being approved for an immigrant visa.
- Certain health conditions, past immigration violations, or criminal history can complicate the process.
Other Family Sponsorship Options
While parents of U.S. citizens are considered immediate relatives, other family members must apply through the family preference immigrant categories. These categories are subject to annual visa limits, and wait times vary.
- First Preference: Unmarried sons and daughters (21 years or older) of U.S. citizens.
- Second Preference: Spouses and unmarried children of lawful permanent residents.
- Third Preference: Married children of U.S. citizens.
- Fourth Preference: Siblings of U.S. citizens
Wait times for these preference categories can range from several months to several years, depending on visa availability and country of origin.
Why Legal Assistance Is Essential
Many families attempt to handle the process on their own, only to face unexpected delays, denials, or complications. U.S. immigration law is complex, and even a small mistake can result in rejection, denial or the need to start over.
At The Chidolue Law Firm, we help families:
- Understand family-based immigration options for parents and other relatives.
- Prepare complete and accurate petitions to avoid delays.
- Navigate issues related to financial sponsorship, documentation, and embassy interviews.
Reuniting with your parents should not be a stressful process. With the right legal guidance, you can avoid common pitfalls and ensure a smoother journey.
Frequently Asked Questions About Bringing Parents to the U.S.
Immigration laws can be complex, and families often have many questions about bringing their parents to the United States. Below are some of the most frequently asked questions.
Can I sponsor my parents for a green card if I am a permanent resident?
No. Permanent residents’ cannot sponsor their parents.. Only a U.S. citizen who is 21 years of age or older can petition for their parents to immigrate to the U.S. However, permanent residents can sponsor other eligible family members under different family-based immigrant visas.
What is the role of Citizenship and Immigration Services (USCIS) in the parent sponsorship process?
The U.S. Citizenship and Immigration Services (USCIS) is responsible for processing the visa petition (Form I-130) that U.S. citizens file for their parents. Once approved, the case is transferred to the National Visa Center, which processes additional documentation and schedules interviews at the U.S. embassy or consulate
Can my parent apply for U.S. citizenship after getting a green card?
Yes. Once your parent becomes a green card holder, they can apply for U.S. citizenship through naturalization after meeting the residency requirement—typically five years after obtaining permanent residence. However, they must meet all eligibility criteria, including continuous residence and good moral character.
What if my parent has dependent children—can they immigrate too?
Unlike some family preference categories, immediate relatives do not include minor children of a parent you are sponsoring. Each eligible family member must apply for their own visa. If your parent’s other children qualify under different preference categories, they may apply separately.
Are married sons or daughters eligible for sponsorship if I am a U.S. citizen?
Yes, but the process takes longer. Married sons and daughters fall under the third preference category, meaning their immigrant visa applications are subject to numerical limits. The waiting time can range from a few years to over a decade, depending on visa availability and the applicant’s country of origin.
Can I also bring my siblings to the U.S. while sponsoring my parents?
Sponsoring a sibling falls under the fourth family preference category. While this category allows U.S. citizens to petition for their brothers and sisters, the waiting time is significantly longer compared to parents, often stretching several years due to visa backlogs.
What happens if my parents’ visa is denied?
Visa denials can occur for several reasons, including missing documentation, failure to meet financial sponsorship requirements, or issues raised during the interview process. If a parent’s application is denied, immigration services may allow for an appeal or reapplication. Seeking legal assistance can help address potential challenges before filing.
Start the Process with Confidence
If you are ready to bring your parents to the U.S., having a trusted immigration attorney can save you time and unnecessary stress. Let us handle the legal details while you focus on what truly matters—reuniting with your family.
📞 Call The Chidolue Law Firm today at:
➡ 407-995-6567
➡ 678-325-1037
💬 For WhatsApp inquiries, contact us at:
➡ 404-333-8751
Let us help you bring your family together with expert legal guidance and a smooth immigration process.
