No. Only U.S. citizens who are at least 21 years old can petition for their parents. If you are a lawful permanent resident, you must first naturalize (become a U.S. citizen) before you can file an I-130 for your parent. Grace Marcano, Esq. can advise on your naturalization eligibility if this applies to your situation.

Parents of U.S. citizens are classified as immediate relatives, which means there is no annual visa limit and no priority date backlog. Once the I-130 is approved, the visa application process can proceed without waiting for a visa number to become current. This makes parent petitions one of the faster family-based immigration categories, though overall processing time still depends on USCIS processing times and, for consular processing, embassy wait times.

If your parent entered the U.S. lawfully (with a visa or through a port of entry), they may be eligible to adjust status by filing Form I-485 — potentially concurrent with the I-130. If they entered without inspection, they generally must leave the U.S. for consular processing, which can trigger unlawful presence bars. A waiver may be available, but this requires careful evaluation. Do not have your parent leave the U.S. without first consulting an attorney.

Yes, as long as your biological parent married the stepparent before you turned 18 and the marriage is still legally valid (or ended only by death, not divorce). You will need the marriage certificate, proof the marriage occurred before your 18th birthday, and evidence of an ongoing relationship with your stepparent.

A criminal record or prior immigration violations may create grounds of inadmissibility that could prevent your parent from obtaining a green card. Some grounds can be overcome with a waiver (such as Form I-601). It is critical to disclose all relevant information to your attorney so we can assess the situation and develop a strategy before filing. Not all criminal records are disqualifying — the type of offense, sentence, and timing all matter.

Yes. You must file an Affidavit of Support (Form I-864) demonstrating that your household income meets or exceeds 125% of the federal poverty guidelines for your household size (including the parent you are sponsoring). If your income is insufficient, you can use a joint sponsor — someone who is a U.S. citizen or LPR, is at least 18, and meets the income requirements. The Affidavit of Support is a legally binding obligation.

Yes. You file a separate I-130 for each parent, with its own filing fee and supporting documents. Both cases are processed independently but both benefit from the immediate relative classification (no visa wait). If your parents are married to each other, you only need to file for one parent — the other can be included as a derivative beneficiary. However, if they are divorced or were never married, separate petitions are required for each.