Most Latino immigrants in South Florida dream of one day living with their parents in the United States.
And this dream comes true the day you become a naturalized American citizen.
You can apply for a green card for your parents if you are a US citizen and are at least 21 years old.
However, immigrants with a green card cannot ask their parents to stay in the US permanently. Nor are aliens who have become US citizens under the Special Immigrant Juvenile (SIJ) status, which allows minors to remain legally in the US when they have been victims of abuse, neglect or abandonment by one of their parents.
Who does Immigration consider to be the legal parents?
Under US immigration law, parents are considered “immediate relatives”, so the annual number is not given in the number of green cards granted for this type of petition.
“Legal parents” are not only biological and adoptive parents, but also the father of a child born out of wedlock before the age of 18 and the father of an illegitimate child.
If the father or mother lives in the US and does not have any handicap that affects their adjustment of status, the application for permanent residence will be approved more quickly than if the parents live abroad.
If the parents already live in the US, it is important not to leave the country once the immigration process has begun. In this case, if they cannot make an adjustment of status, the process can take more than 10 years and it is better to finish the process outside the country, according to immigration lawyers.
Read more: Do you want to have two countries? These countries allow dual citizenship with the US
They are required to be counted on the green card for the parents
Eligibility to obtain a green card for parents in the US depends on whether they live inside or outside the country.
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Complete form I-130, Petition for Alien Relative, and a separate form for each parent you wish to bring to the US.
Whether your parents are in the US or abroad, you must provide proof of your citizenship and a copy of your birth certificate with your parents’ names.
If the father lives outside the US, a copy of the civil marriage certificate must be provided. This request is not necessary to ask the mother.
When your father lives outside the country and you were born out of wedlock, without permission from your father before you turned 18, you must also testify that you had emotional or financial contact with your father before marriage or the age of 21 or older, whichever is the first.
To claim your father in a legitimate case as a child out of wedlock, he is a legitimate witness before turning 18 through the marriage of the natural parents.
To apply for a green card for a step-parent or step-parent, a copy of the issuing certificate must be provided with the names of the natural parents.
Likewise, a copy of the civil marriage certificate of the natural father or mother with the stepfather or stepmother, showing that the marriage took place before the age of 18.
In addition, you will need a copy of any divorce decree, death certificate, or annulment decree to prove that any previous marriage of one of your natural parents or step-parents is legally terminated.
In the case of the adoptive father or mother, a certificate of adoption must be provided, proving that it took place before the age of 16. Also, you must bring a compliment with the times and places where you lived with your father.
Submit Form I-864, Affidavit of Financial Support.
Always prove to the US Citizen and Immigration Services (USCIS) that you have enough money to support your parents and do not file a public charge against the government.
Read more: If you want to ask your foreign relative for a green card, the instructions have been updated
Tracks the parent’s green card application submission
USCIS will notify you if the relative alien’s petition is approved or denied.
If approved and the parents are abroad, USCIS will notify you at the US consulate or embassy to complete the visa process.
If the parents are currently in the US, they may be eligible to file Form I-485, Application for Permanent Residence or Adjustment of Status, and file Forms I-130 at the same time.
I will inform you about the date of the parents’ interview in the country of origin. After this interview and verification report, a visa will be sent to the US to enter as a lawful permanent resident.
The labor authority is father and mother in the US
Whether the parents are inside or outside the US, they do not need a work permit.
Those from abroad will receive a stamp in their passport when they enter the US, indicating that they will be allowed to work while they obtain their green card.
Those who are within our State, and have filed an application for adjustment of status, may request work and travel authorization, depending on their case.
Read more: These crimes of moral turpitude block your entry into the US, your green card and citizenship
When can a parent be denied a green card?
Green cards can be denied;
When they have criminal parents in a foreign country.
Whether the parents have committed violations in the past.
If inconsistencies in this process have been declared.
But they can always ask for an immigration waiver that will help them in this case.
Read more: Refusal What is immigration and how can it save you if you have overstayed your rights?
A permanent residence permit may be denied if there is evidence of the presence of a serious mental or physical problem or if the parents have an illness that represents a public health problem.
If the application is denied, you will receive a denial letter that explains how to file an appeal and the deadline for making an appeal.
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