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Becoming A Permanent Resident Through Your Child

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Becoming A Permanent Resident Through Your Child

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Becoming A Permanent Resident Through Your Child

Becoming a U.S. citizen is a great opportunity. You’re one step closer to naturalizing, and you have the chance to sponsor your family for a green card. So much of the American dream stems from our education, health, economic and living opportunities. As long as your foreign national parents qualify, they might be able to join you.

If you’re 21 years of age or slightly older there is much to consider before sponsoring a relative. This article provides a general overview of how to obtain a green card for loved ones.

What Are the Eligibility Requirements to Become a Permanent Resident?

Before starting the sponsorship process it would be best to consult with an attorney for immigrant families. We want to ensure you meet the eligibility requirements, as follows:

  • You are a U.S. citizen at least 21 years old who can financially support the parent seeking a green card at 125% or more above the poverty level.
  • The green card applicant is a biological, adoptive, or stepparent at least 21 years of age or older. They intend to live in the U.S.

Only 226,000 family-based green cards get issued a year. You’re likely to increase your parent’s chances of obtaining a visa the earlier you pursue legal immigration assistance.

Parents Living Unlawfully in The U.S.

One of the questions you might be asking yourself as a parent is, “if my child is born in the USA can I get a green card.” That depends on the nature of your case. Perhaps you are an undocumented immigrant, your visa expired, or you gave birth to your child here. In rare cases children have been accepted for a green card, whereas their parents did not. These are all circumstances that might have prolonged your stay.

Citizens cannot sponsor parents already living in the U.S. (unlawfully) for months to a year. It has led to the immediate removal of thousands. While we understand your concerns about staying, remaining in the country for over 180 days can make you inadmissible for three years. Living here illegally for a year or longer will prevent you from returning for ten years. Even with the help of a lawyer, there’s not much that can be done unless your case falls into “a rare exceptional category.”

Parents Living Legally in The U.S.

If you’re a parent living in the country with a valid visa, your child should be able to adjust your status without delay. Keep in mind that the U.S. Citizenship and Immigration Services (USCIS) will be checking to see the intention of your parent’s stay. For instance, if they arrived with a tourist visa, they must verify that they later decided to apply for a green card. An immigration lawyer can help you submit corresponding applications accurately and prepare for an interview with the USCIS.

Can I Get a Green Card If My Child Is a U.S. Citizen?

Getting a green card is pretty easy if you live outside of the country and have not been declared inadmissible. Aside from processing delays the most you’ll have to do is attend a visa interview at a U.S. Consulate in your home country. You’ll become a lawful permanent resident upon entry.

The Application Process

Adjustment of Status

  • Parents must submit Form I-485 – The Application to Register for Permanent Residence or Adjustment of Status.
  • The sponsoring child will submit an I-130 petition to begin the sponsoring process simultaneously.
  • Sponsors might also have to file an affidavit of support (I-864), guaranteeing they will repay the government for any financial assistance their parents need.

Consular Processing

  • The process is like an adjustment of status. Sponsoring U.S. citizens must submit an I-130 visa petition to the USCIS.
  • Once approved, the case will be transferred to the National Visa Center (NVC) and U.S. Consulate.
  • The parent will attend an interview within their home country.

Ready To Get Started with Your Sponsorship?

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue stalling your citizenship, we are here to help.

COVID-19 has drastically impacted citizenship in the U.S. In the past year, we have adjusted and acted accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.