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What Are The Requirements For An I-130 For Parents?

What Are The Requirements For An I-130 For Parents?

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  3. What Are The Requirements For An I-130 For Parents?

You must submit an I-130 petition for each parent you want to sponsor for a green card if you are a citizen or lawful permanent resident of the United States. The I-130 is the first stage to get your parents a green card. 

How To Submit An I-130

You must be at least 21 and a U.S. citizen or lawful permanent citizen (LPR) to submit an I-130 petition for your parent(s). Your parents will be regarded as “immediate relatives” if you are a United States citizen, which means there is no limitation on the number of green cards granted. Your parents will be regarded as “family preference” relatives if you are an LPR, implying that only a certain number of green cards are available yearly. 

You must provide evidence of your qualifying relationship with your parent(s). Birth certificates, marriage licenses, adoption records, and other documents fall under this category. If you are a stepchild, you must show proof of your parents’ union to your step-parent. If you were adopted, you must present documentation to prove it. Also, you’ll need to show that your parent(s) are not banned from entering the country. These can contain legal documents, court records, and other medical records. 

Legal Permanent Residence (LPR)

Your parent(s) may be able to change their status to that of a legal permanent residence if they are already citizens of the country. They can register for a green card without needing to leave the country. They must fulfill a few qualifying requirements, such as filing while in legal status and being clear of any major crimes or immigration offenses. Your parent(s) must apply for an immigrant visa at a U.S. consulate or embassy abroad if they still need to become citizens of the country. Consular processing is the name given to this process. 

  • While their application for a green card is being processed, your parent(s), currently citizens of the country, may be qualified for a work permit. 
  • The workload of the USCIS and the intricacy of the case are two variables that can affect how quickly an I-130 petition is processed. 
  •  If the I-130 petition is approved, your parent(s) must submit an application for a green card via adjustment of status or consular processing.
  • Suppose your parent(s) are not citizens of the United States. In that case, they must appear for a consular processing interview at a U.S. consulate or embassy. 

In summary, sponsoring your parent(s) for a green card through an I-130 petition can be challenging. Still, it is possible to succeed with proper planning and support materials. Don’t forget to acquire all the evidence you’ll need to prove your link to your parents and their legal right to immigrate. Always get advice from an immigration lawyer if you have any questions or worries. If you follow the advice above, you should be ok and on the road to getting what you need.

FAQ

May I submit an I-130 petition on behalf of my step-parent?

If you can show proof of their marriage to your biological or adoptive parent. In that case, you may submit an I-130 petition for your step-parent. 

Posted: 2nd May 2023
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