How to Apply for a Green Card for Your Parents

The first step to applying for a green card is to conduct eligibility checks. Hiring an experienced immigration lawyer is strongly advisable to ensure you begin your application on solid ground. Green Card qualification rules mean that if you are a US citizen and want to apply for permanent residence for a parent, they must be legally recognized, including step parents and adoptive parents.

If you're concerned about how long it takes to get a green card, completing this background work will be beneficial as you'll have greater insights into any potential stumbling blocks that might come your way.

Next, we'll run through how to check your immigrant status and summarize the broader green card application process.

Parental Green Card Admissibility Requirements

Basic eligibility does not, unfortunately, guarantee that a parent will be granted a US green card. Immigration laws include an income analysis and assessing whether a parent has received public benefits or is likely to rely on social security to cover their living costs (also known as a public charge).

Once you are confident the parent is both eligible and admissible, you can file an immigration petition through the I-130 form. To submit form I-130 petition for an alien relative, or form I-485, if your parent is already in the US, you must be a US citizen or lawful permanent resident.

USCIS charges a filing fee of $535 and will normally need at least three months to return a decision. However, approval does not mean your parent now has green card status.

Filing a Parent Green Card Application

You must complete every form and document within the green card application process comprehensively and carefully. Many rejections occur because the applicant has omitted some mandatory information, made a mistake on the paperwork, or failed to provide supporting documents that verify the details provided.

Example documentation includes:

●      A birth certificate, copies of parent's marriage certificates, and a US passport or certificate of naturalization if you were born outside the US.

●      Adoption certificates, divorce decrees, death certificates as applicable, or other evidence that a financial or personal bond exists between yourself and your parent.

When you have verified your parent is eligible for a green card through this route, you will need to file form I-864, which is an affidavit of support.

This form declares you are sponsoring a parent and will provide them financially if needed. You must submit an I-864 through USCIS if you are within the US or via the Department of State (DOS), if not.

Further Green Card Application Paperwork

The next stage is to support your parent with their application; the correct option depends on their current circumstances and place of residence. If your parent already lives in the US, they can submit form I-485, adjustment of status, either simultaneously or after submitting form I-130.

Processing times are shorter if both forms are filed simultaneously, depending on whether form I-130 is approved or rejected. Your parent will need to submit a government id, a birth certificate, and two passport photos at the same time. Parents outside the US must file a permanent residence application through the relevant US Embassy or consulate and wait for form I-130 approval before moving forward.

The National Visa Center (NVC) will then take over and advise on the next steps, including filing form DS-261 to the state department and then form DS-260, the formal green card application.

Why Hire a Green Card Attorney

An immigration lawyer at Xu Law Group can help with your green card application, forms, documents, supporting evidence, interview preparation, and receive government agency notices on your behalf, and ensure your green card petition happens smoothly. Immigration law can be confusing. Consult our experienced immigration lawyer today to start your green card journey.

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