This article was written by Canam USA and Canada.
Applying for a green card for your parents after immigrating to the U.S. is an important and meticulous process. Here are the steps and do's and don'ts that need to be followed.
Application Steps:
1.Make sure you meet the eligibility requirements:First, the applicant must be a U.S. citizen who is at least 21 years old. If you are a green card holder, you cannot apply for a green card for your parents.
2.Prepare the necessary documents:A series of documents need to be prepared, including but not limited to the applicant's citizenship certificate, parents' birth certificates, financial documents to prove that the applicant is able to support the parents, etc.
3.Submit an immigration application form:Applicants are required to fill out and file an I-130 petition (Family-Based Immigrant Petition) separately for each parent.
4.Pay the application fee:When you submit your application, you will need to pay the corresponding fee.
5.Waiting for approval:Once the I-130 petition is filed, it will need to wait for approval by the U.S. Citizenship and Immigration Services (USCIS). This process can take anywhere from 12-15 months or so. Note: The I-130 petition cannot be applied for PP expedited service.
6.Interview and medical examination for parents:Once the I-130 petition is approved, parents will need to conduct an interview at the U.S. consulate in their home country. They will also need to complete a medical examination.
7.Obtaining an Immigrant Visa:After passing the interview and medical examination, the parents will be granted an immigrant visa. With this visa, they can travel to the United States.
8.Green Card Processing upon Arrival in the U.S.:Once the parents arrive in the U.S., they will be granted permanent residency, i.e., a green card.
9.Know and comply with U.S. lawsAfter getting a green card, parents need to know and follow the laws and regulations of the United States.
10.Maintain Immigration Status:After obtaining a green card, parents need to maintain its validity, for example, by avoiding leaving the United States for an extended period of time.
Throughout the process, applicants are advised to consult with an experienced immigration lawyer to ensure that all steps are correct and to deal with any issues or complications that may arise. Please note that immigration laws and policies are subject to change, so it is crucial to ensure that the latest guidance and regulations are followed.
Precautions
When applying for a U.S. green card for parents, there are a few key things to keep in mind:
1.Confirmation of Eligibility:Make sure the applicant is a U.S. citizen. Green card holders cannot apply for a green card for their parents.
2.Proof of financial ability:Applicants will need to demonstrate sufficient financial means to support their parents to ensure they do not become a public charge. Usually this means filing federal income tax forms and other relevant financial documents.
3.Accurate and complete documentation:All documents submitted must be accurate and complete. Any errors or omissions may result in the application being delayed or rejected. You can choose to submit the I-130 petition electronically on the USCIS website** or you can choose to mail the paper version of the application. The required application materials include:
I-130 Petition for Alien Alien Status.
An application fee of 535.
Copies of proof of citizenship, such as birth notarization, naturalization certificate, etc.
Copies of passports of the applicant and beneficiary.
A copy of the beneficiary's birth certificate.
A copy of the parents' marriage certificate.
4.Adhere to timelines and deadlines:Make sure to complete each step within the allotted timeframe, including submissions** and documents, as well as attending the interview.
5.Medical & Vaccine Requirements:The applicant's parents may be required to undergo a medical examination and receive certain vaccinations, which are necessary steps to obtain a green card.
6.Preparing for the interview:Parents may be required to attend an interview at the U.S. consulate. Preparing for an interview is a key part of a successful application.
The location of the parents affects the application process
When applying for a green card for a parent, the location they are in (within the U.S. or China) affects the application process. Here are the main differences:
(a) If the parents are in the United States:
1.Adjustment of Status:If the parent is already legally in the U.S. (e.g., on a tourist visa) and meets certain conditions, they can apply for adjustment of status directly in the U.S. to become a permanent resident. This is done by filing an I-485** (Application for Adjustment of Status).
2.No need to leave the U.S. :During the application process, the applicant's parents can remain in the United States.
3.Approval in the United States:The entire application process, including interviews, is usually conducted within the United States.
4.Faster processing time:In some cases, the adjustment of status process may be faster than consular processing.
(2) If the parents are in China:
1.Consular Processing:If the applicant's parents are in China, they will need to go through the consular process. This means that after the I-130** petition is approved, they will need to attend an interview and process the matter at the U.S. Consulate in China.
2.Waiting for Immigrant Visa:Once the I-130** is approved, they need to wait for the immigrant visa to be issued. Only after getting a visa can they travel to the United States.
3.Relatively long wait times may be required:Since consular processing involves multiple departments and steps, the entire process can be longer than adjusting status.
4.Pre-Prepare & Make an Appointment:The applicant's parents need to prepare the necessary documents and follow the instructions of the consulate for a medical examination and interview.
The above different application paths have their own advantages, disadvantages and requirements, and it is important to make the most suitable choice according to the specific situation of the parents.