Family Petition for Parents: I-130 Process and Green Card
Are you a U.S. citizen looking to sponsor your parents for permanent residence in the United States?
At Marcano Legal, we understand the importance of family reunification and can guide you through the complex process of filing a family petition for your parents.
Based in Florida, we offer personalized legal services both locally and nationwide through virtual consultations.
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Schedule a consultation today to discuss your Family Petition for Parent options with an experienced immigration lawyer.
Understanding Family-Based Petitions for Parents:
Family petitions for parents involve filing Form I-130 to help U.S. citizens sponsor their parents for immigration to the U.S.
This process is a crucial step towards obtaining a green card (lawful permanent resident status) for your parents.
Key Points About I-130 Petitions for Parents
- Eligibility: Only U.S. citizens who are at least 21 years of age can petition for their parents.
- Immediate Relative Category: Parents of U.S. citizens are considered immediate relatives, meaning there are no annual visa limits for this category.
- Relationship Types: You can petition for biological parents, adoptive parents, and in some cases, stepparents.
The I-130 Petition Process for Parents:
Step 1: Eligibility Assessment
Before initiating the petition process, it’s crucial to determine eligibility:
- Confirm your U.S. citizenship and age (must be at least 21 years old)
- Verify your relationship with your parent(s)
- Assess any potential grounds of inadmissibility for your parent(s)
Step 2: Filing Form I-130, Petition for Alien Relative
The I-130 petition is the foundation of the family-based immigration process for parents:
- Document Gathering:
- Proof of your U.S. citizenship (passport, naturalization certificate, or birth certificate)
- Your birth certificate showing your parent’s name
- Additional evidence of your relationship (photos, correspondence, etc.)
- Form I-130 Completion:
- Accurately fill out Form I-130
- Include all required supporting documents
- Submission to USCIS:
- File the petition with the appropriate USCIS office
- Pay the required filing fee
Step 3: USCIS Processing and Approval
After submission, USCIS will review your petition:
- Respond promptly to any Requests for Evidence (RFE)
- Monitor case status through the USCIS online portal
- Await approval of the I-130 petition
Step 4: Visa Application Process
Once the I-130 is approved, the next steps depend on your parent’s location:
For Parents Outside the U.S. (Consular Processing):
- National Visa Center (NVC) Processing:
- Pay immigrant visa fees
- Submit required documents to NVC
- Complete Form DS-260 (online immigrant visa application)
- Consular Interview:
- Your parent attends an interview at a U.S. embassy or consulate
- Present required documents and answer questions
For Parents Already in the U.S. (Adjustment of Status):
- File Form I-485, Application to Register Permanent Residence or Adjust Status
- Attend a USCIS interview, if required
Contact our law firm today to start the Family Petition Process.
Schedule a consultation today to begin your Family Petition for Parents application process with Attorney Grace Marcano-Gonzalez.
Special Considerations for Family Petitions for Parents:
Stepparent Petitions
To petition for a stepparent:
- Your biological parent and stepparent must have married before your 18th birthday
- The marriage must still be valid (or terminated by death of your biological parent)
Adoptive Parent Petitions
For adoptive parents:
- The adoption must have been finalized before you turned 16
- You must have been in the legal and physical custody of the adoptive parent for at least two years
Potential Grounds of Inadmissibility
Common issues that may affect your parent’s eligibility:
- Criminal history
- Prior immigration violations
- Health-related concerns
- Public charge considerations
Supporting Documents for I-130 Petitions:
When filing Form I-130, you’ll need to provide various supporting documents:
- Proof of U.S. citizenship (passport, naturalization certificate, or birth certificate)
- Your birth certificate showing your parent’s name
- If petitioning for a stepparent:
- Marriage certificate between your biological parent and stepparent
- Proof the marriage occurred before you turned 18
- For adoptive parents:
- Certified copy of the adoption decree
- Evidence of legal custody and residence with the adoptive parent
Our team at Marcano Legal will guide you through each of these steps to ensure your Family Petition application is filed correctly.
Frequently Asked Questions About Family Petitions for Parents
No, only U.S. citizens who are at least 21 years old can petition for their parents.
Yes, your parents must undergo a medical examination conducted by an approved physician. The exam includes a review of medical history, immunizations, and tests for communicable diseases as required by U.S. health regulations. This step is mandatory to ensure they do not have any health conditions that would make them inadmissible under U.S. immigration law.
If your parent is in the U.S. and entered legally, they may be eligible for adjustment of status. We can help determine the best course of action.
If adjusting status in the U.S., they can apply for an Employment Authorization Document. If going through consular processing, they must wait until they enter the U.S. with their immigrant visa.
A criminal record may affect eligibility. It’s crucial to disclose all information so we can assess the situation and explore possible waivers if needed.
Government Agencies Involved in Family Petitions for Parents:
Understanding the roles of the various agencies involved in the petition process for parents is vital for successfully obtaining their visas:
- U.S. Citizenship and Immigration Services (USCIS): Reviews and approves the initial family petition forms, such as Form I-130 (Petition for Alien Relative), which is essential for initiating the visa process for parents.
- National Visa Center (NVC): After USCIS approval, the NVC processes the petition and organizes the necessary documents before sending them to the U.S. embassy or consulate where the parent’s visa will be processed.
- U.S. Department of State: Manages the visa application process at the U.S. embassy or consulate, including scheduling and conducting visa interviews to determine the parent’s eligibility for entry into the United States.
Marcano Legal will provide comprehensive support and guidance throughout this process, helping to enhance your family’s chance for reunification.
Why Choose Marcano Legal for Your Family Petition:
The process of securing a family-based immigration status for parents is intricate. At Marcano Legal, we provide comprehensive support to streamline your journey:
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Eligibility Evaluation: We analyze each client’s unique situation to identify the most suitable immigration pathway and outline potential strategies.
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Document Management: Our team diligently organizes and prepares all required documentation to adhere to USCIS standards.
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Procedural Guidance: We offer step-by-step support throughout the entire I-130 petition process, from initial filing to the final decision.
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USCIS Communication Support: We manage all communications with USCIS, ensuring timely and accurate handling of your inquiries and requests.
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Interview Preparation: We prepare you for consular interviews or adjustment of status procedures, equipping you with the necessary knowledge and confidence.
Choose Marcano Legal for attentive and personalized support, helping you navigate the complexities of the family-based immigration process with clarity and precision.
Virtual Consultation: Begin the Family Petition Process
Don’t let the complexities of the family petition process delay your reunion. Contact Marcano Legal today to schedule a virtual consultation and begin your journey toward bringing your parents to the United States.
Disclaimer: This website contains general information for educational purposes only and does not constitute legal advice. No attorney-client relationship is formed until a formal agreement is signed. Past results do not predict future outcomes. Each case depends on its specific facts and circumstances.