Sponsoring Parents for a Green Card
Who Can Sponsor Parents?
To sponsor parents for a green card, the petitioner must be a U.S. citizen who is at least 21 years old. Green card holders do not have the eligibility to sponsor their parents for lawful permanent residency.
Process for Sponsoring Parents
- Become a U.S. Citizen: If you are a green card holder and wish to sponsor your parents, you must first become a U.S. citizen. This typically involves meeting the residency requirements and passing the naturalization process.
- Filing the Petition: Once you become a U.S. citizen, you can file Form I-130, Petition for Alien Relative, for each parent.
- Visa Processing: After Form I-130 is approved, your parents will need to go through consular processing if they are outside the U.S. or adjust their status if they are already in the U.S.
Requirements for Sponsorship
- Age Requirement: The petitioner must be at least 21 years old.
- Proof of Citizenship: The petitioner must provide proof of U.S. citizenship.
- Affidavit of Support: The petitioner must submit an Affidavit of Support (Form I-864) to demonstrate they can financially support their parents.
Federal and State Regulations
Federal immigration laws govern the sponsorship process for family members. State laws do not typically impact the eligibility to sponsor parents for a green card.
Notable Cases
Cases such as In re [Applicant’s Name] highlight the importance of meeting the citizenship and age requirements when sponsoring parents for permanent residency.
Sponsoring Parents for a U.S. Visa
Temporary Visitor Visas (B-2)
While green card holders cannot sponsor their parents for a green card, they can help their parents apply for a temporary visitor visa (B-2). This visa allows parents to visit the U.S. for a limited period.
Process for Applying for a B-2 Visa
- Visa Application: Parents need to fill out Form DS-160, Online Nonimmigrant Visa Application.
- Interview: Schedule an interview at the U.S. Embassy or Consulate in their home country.
- Documentation: Parents must provide documentation such as proof of ties to their home country, the purpose of the visit, and financial support during their stay.
Requirements for B-2 Visa
- Purpose of Visit: The visit must be for tourism, medical treatment, or visiting family members.
- Proof of Ties: Parents must demonstrate strong ties to their home country to ensure they will return after their visit.
- Financial Support: Evidence of financial resources to cover their expenses while in the U.S.
Approval and Duration
The approval of a B-2 visa is at the discretion of the consular officer. If approved, the visa typically allows a stay of up to six months, with the possibility of an extension.