Green Cards for Parents of U.S. Citizens (Adjustment of Status and Consular Processing)

If you are a U.S. citizen, you may be eligible to apply for a green card for your parents to become legal permanent residents of the United States. This process can be completed through Adjustment of Status if your parents are already in the U.S., or through Consular Processing if they are outside the U.S. Unlike other family-based green card categories, there are no numerical limits or waiting periods for parents of U.S. citizens, which can make the process faster and more straightforward.

Common Questions and Answers About Green Cards for Parents of U.S. Citizens

What are the requirements for applying for a green card for my parents? 

To qualify for a parent-based green card, the U.S. citizen must file Form I-130, Petition for Alien Relative. The U.S. citizen must be at least 21 years old. Both parent and child must provide proof of their relationship, such as a birth certificate. If the parents are in the U.S., they will also file Form I-485, Application to Register Permanent Residence or Adjust Status. If the parents are outside the U.S., they will go through Consular Processing.

What is the difference between Adjustment of Status and Consular Processing?

• Adjustment of Status: This process is for parents who are already in the United States. They will file Form I-485 concurrently with Form I-130 and attend an interview at a local USCIS office.
• Consular Processing: This process is for parents who are outside the United States. Once Form I-130 is approved, the application is sent to the National Visa Center (NVC), which coordinates with the U.S. embassy or consulate in the parents’ home country to complete the process and schedule an interview.

What evidence do I need to demonstrate my relationship with my parents?

You should submit documents that prove your parent-child relationship, such as your birth certificate, your parent’s birth certificate, and any documents that show your parent’s legal entry into the United States if applicable, such as their passport and visa.

After filing, how soon will the interview take place?

For Adjustment of Status, once USCIS approves your Form I-130, they will schedule an interview. The timing can vary significantly depending on the caseload of your local USCIS office. For Consular Processing, once Form I-130 is approved, the NVC will coordinate with the relevant U.S. embassy or consulate to schedule the interview, which can take several months.

Are there financial requirements for the U.S. citizen sponsor?

Yes, the U.S. citizen must demonstrate the ability to financially support the parents seeking a green card. This involves meeting at least 125% of the Federal Poverty Guidelines as per the Affidavit of Support (Form I-864).

What if the U.S. citizen’s income is insufficient?

If the U.S. citizen does not meet the income requirements, assets may be used as alternative, or a joint sponsor who meets the income criteria may submit an Affidavit of Support on behalf of the beneficiary.

What additional forms are involved in the process?

• For Adjustment of Status, in addition to Form I-130 and Form I-485, parents may also file Form I-765 for a work permit and Form I-131 for a travel document concurrently with their adjustment of status application.
• For Consular Processing, after the approval of Form I-130, parents will complete Form DS-260, Immigrant Visa and Alien Registration Application, and attend an interview at a U.S. embassy or consulate.

Can my parents include other family members in their green card application?

No, parents of U.S. citizens cannot include other family members in their green card application. However, U.S. citizens can separately file petitions for their siblings or other qualifying relatives.

What happens if my parents’ green card application is denied?

If your parents’ green card application is denied, they may appeal the decision or reapply if they address the reasons for denial. It is important to consult with an immigration attorney to understand the best course of action.

How long after receiving their green card can my parents apply for U.S. citizenship?

Parents can apply for naturalization five years after obtaining their green card, provided they meet all other eligibility requirements.

We Can Answer Your Family Immigration Questions

At Fok Immigration Law, we have extensive experience helping families unite here in the U.S. by guiding our clients through the complexities of the U.S. immigration system. If you have any questions about the green card process for your parents, please contact our San Jose office at 408-606-8911, or reach out to our California immigration attorneys online.