Bringing a parent to the United States as a U.S. citizen or a green card holder is a complex legal process that requires careful planning and attention to detail.
This blog post will provide an overview of the requirements and steps involved in bringing a parent to the United States.
I. Overview of the Immigration System
The United States immigration system is divided into two primary categories: immigrant and nonimmigrant. Immigrants are foreign nationals who intend to permanently reside in the United States, while nonimmigrants are foreign nationals who intend to stay in the United States for a temporary period, such as for work, study, or tourism.
II. Immigration Options for Parents of U.S. Citizens
A. Immediate Relatives
The immigration system provides a special category for the immediate relatives of U.S. citizens, including parents. Immediate relatives do not have to wait in line for a visa to become available, as there is no limit on the number of visas issued in this category each year. Therefore, the processing time for immediate relatives is often faster than for other family-based immigration categories.
To qualify as an immediate relative, the parent must be the biological or adoptive parent of a U.S. citizen who is at least 21 years old. The U.S. citizen must file an I-130 petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the parent. Once the petition is approved, the parent can apply for an immigrant visa or adjustment of status.
B. Family Preference Categories
If the U.S. citizen child is under 21 years old, or if the U.S. citizen child is over 21 years old but the parent has other children who are also U.S. citizens, the parent may still be eligible to immigrate to the United States, but in a different family preference category. Family preference categories have annual quotas, meaning that there is a limit to the number of visas issued each year in each category. As a result, the processing time for family preference categories is often longer than for immediate relatives.
The family preference categories for parents are as follows:
First preference (F1): Unmarried adult children (age 21 or older) of U.S. citizens.
Third preference (F3): Married children of U.S. citizens.
Fourth preference (F4): Siblings of U.S. citizens.
The U.S. citizen child must file an I-130 petition with USCIS on behalf of the parent, and the parent must wait for a visa to become available in the appropriate category. The waiting period can be several years, depending on the category and the country of origin of the parent.
III. Immigration Options for Parents of Green Card Holders
Parents of green card holders are not eligible for the immediate relative category, but they may be eligible for family preference categories. The family preference categories for parents of green card holders are the same as for parents of U.S. citizens (F1, F3, and F4).
The green card holder must file an I-130 petition with USCIS on behalf of the parent, and the parent must wait for a visa to become available in the appropriate category. The waiting period can be several years, depending on the category and the country of origin of the parent.
IV. Conclusion
Bringing a parent to the United States as a U.S. citizen or a green card holder can be a long and complicated process. It is important to consult with an experienced immigration attorney who can guide you through the process and help you understand your options. With careful planning and preparation, however, it is possible to bring your parent to the United States and reunite your family.
If you have any questions or concerns regarding your case, please feel free to contact Tchamda Law.
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