Parents of U.S. citizens fall under the ‘Immediate Relative’ category in family-based immigration. This classification exempts them from annual visa quotas and backlogs that apply to other family-based categories.
Applying for a parent to get a green card is a two-part process. The first step is the U.S. citizen child (petitioner) filing the I-130 petition for the parent (beneficiary) with USCIS, a sub-agency of the Department of Homeland Security. The child must be at least 21 years old and submit certain required documents as evidence of the child’s U.S. citizenship (ie, U.S. birth certificate, biographic page of current U.S. passport, naturalization certificate) and the nature of the parent-child relationship (U.S. birth certificate showing biological parents’ names, adoption certificate showing parent as adoptive parent, parent’s marriage certificate confirming step-parent’s name as parent’s spouse and as proof that the wedding that created the step-child-step-parent relationship occurred before the child’s 18th birthday). If applicable, copies of current marriage certificates and proof of termination of any prior marriages (divorce decree, death certificate of former spouse) for both petitioner and beneficiary are also required.
There may be additional documentation required if the child is petitioning for a father whose name does not appear on the child’s birthday and/or was not married to the mother at the time of the child’s birth. If the parents marry after birth or the child is legitimized in another lawful manner, paternity is presumed. In some cases, USCIS may request that DNA tests be performed with the results being sent directly from the DNA testing facility to USCIS. In addition to establishing that a biological relationship exists between father and child, the petitioner must also submit evidence that an actual “parent-child” relationship existed before the child turned 21. In other words, the petitioning child must prove that the natural father was in the child’s life before reaching adulthood. Evidence of the relationship may include: medical, school and/or religious records, photos, affidavits from friends and family members, and bank statements or transfers confirming father’s payment of child support.
Processing times vary significantly between the USCIS locations that review and adjudicate I-130 petitions. Median processing times are approximately 14.4 months, varying by service center (e.g., 12-18 months at Nebraska, 13-20 months at Texas).
As of April 2024, the Form I-130 filing fee is $625 (online) or $675 (paper).
The second step of the process may be completed in one of two ways, as follows:
ADJUSTMENT OF STATUS:
If the parent is in the U.S. and his/her last entry into the United States was lawful, an adjustment of status application may be filed for the parent to become a Legal Permanent Resident from within the U.S. The application may be filed concurrently with the I-130 petition or after the I-130 petition has already been approved. To file for adjustment of status, the parent must file Form I-485, Application to Register Permanent Residence or Adjust Status, along with a fee of $1,440, including biometrics (89 FR 6194).CONSULAR PROCESSING:
If the parent will apply for an immigrant visa outside the U.S, USCIS will forward the approved I-130 petition to the National Visa Center (NVC), a sub-agency of the Department of State. “NVC collects fees and reviews documents, typically taking 2-6 months, before forwarding the case to the designated U.S. consulate for visa interview scheduling (9 FAM 504.1-3). Once the visa is issued, the parent must enter the U.S. within 6 months of visa issuance, unless extended, to activate LPR status (9 FAM 502.1-3).The U.S. citizen petitioner must submit Form I-864, Affidavit of Support … The petitioner must have an income of at least 125% of the Federal Poverty Guidelines for their household size. For AOS, Form I-864 may be filed concurrently with Form I-485 or at the interview; for consular processing, it is submitted to NVC. For example, in 2025: Household of 2: $24,650; Household of 3: $31,075; Household of 4: $37,500. If the petitioner’s income and/or assets are insufficient, a co-sponsor may submit documentation to meet this requirement.
Both processes require an in-person interview. However, USCIS may waive the AOS interview in cases with clear eligibility and sufficient documentation, such as well-established parent-child relationships, pursuant to 8 CFR § 245.6. Interviews are required for immigrant visa applicants, including parents, with waivers granted only in exceptional cases, such as extreme hardship or national interest (9 FAM 504.1-2). Otherwise, the parent must appear before a consular officer to complete the visa application process. There, the officer will review the application and original civil documents. If all goes smoothly, the officer will keep the passport, issue the visa and return the passport to the parent within 3-5 days after the interview.
The process to bring a parent to the United States is relatively straightforward. However, there are issues that may arise in some cases that cause delay and/or result in a denial. These include failure to meet the affidavit of support obligations, insufficiency of evidence to establish the father-child relationship, forgetting to bring required documents to the interview, and previous immigration violations.
If the parent has immigration violations, removal proceedings, or port-of-entry issues,, it is prudent to first obtain the parent’s immigration file through the Freedom of Information Act (FOIA) obtain their records via a FOIA request to assess inadmissibility grounds under INA § 212(a), such as unlawful presence, fraud, or criminal convictions, which may bar LPR eligibility. It is important to properly analyze the records to confirm that there are no “red flags” in the parent’s file that may impact eligibility to apply for legal permanent residency in the United States.
As of May 2025, parent sponsorship remains unchanged under INA § 201(b)(2)(A)(i). Proposed policy changes to birthright citizenship, if enacted, could affect eligibility, but no such changes are currently in effect.
