Can I bring my parents to USA permanently

A common question in our office is: Can I bring my parents to USA permanently? The reality is that certain US citizens can petition to bring their parents to live legally in the United States. 

Unfortunately, lawful permanent residents cannot apply for permanent status for their parents, only a temporary visa. 

Avoid facing the complex process by contacting with our family-based immigration lawyer. At Lluis Law we can help you.

Can I Bring My Parents To USA Permanently As Residents?

Do you dream of reuniting with your parents in the US being able to live together legally? Through a petition from citizen son or daughter to parents you can petition USCIS to bring your parents and grant them immigrant status. This allows them to live and work permanently in the country. 

To apply, you must be a US citizen and at least 21 years of age. 

If you meet these criteria, you may be able to bring your parents to the United States as Green Card holders. 

Does Filing A Petition For A Family Member Imply Any Legal Obligation For Me? 

Generally, when filing a petition for a family member, you assume a financial commitment. Under the law, any foreigner who emigrates based on a family petition must have a financial sponsor. 

When you file Form I-130, you must agree to be your financial sponsor using Form I-864.

If you do not meet the financial requirements, other individuals must assume this commitment.

What Happens After You Apply? 

After you submit the application, you will receive a notification from USCIS confirming they received it.

If the application is incomplete, this agency may deny your application or request more information, which could delay the process.

To avoid delays, it is important that you submit all required documents at once. USCIS will then inform you of its decision. 

If approved, the application will be forwarded to the National Visa Center (NVC). Once your family member is eligible to receive a visa number, NVC will notify you.

How Long Does A Petition From A Citizen Child To A Parent Last?

The duration of a petition by citizen children to their parents depends on various factors. For example, your parents’ current immigration status and whether they reside inside or outside the United States.

In the event that one of your parents is in the country at the time of the application and can make an adjustment of status, the process of US citizen childs petitioning to bring their parents usually takes around 5 months. 

However, if they cannot adjust their status, the procedure can last for more than 10 years.

Note: Another way to find out how long a family petition takes is through the USCIS online tool.

What Happens If I Filed a Petition for a Relative When I Was a Lawful Permanent Resident But Now I’m a US Citizen?

If you become a US citizen while your family member is waiting for a visa, you can speed up the process by reporting your naturalization. 

Spouses and unmarried children under age 21 of U.S. citizens can receive visas immediately. Learn more about this in our article: How long does it take to bring my spouse to the USA

General Requirements For Submitting A Petition to bring my parents to USA permanently

To make a petition from citizen children to parents, you must meet the following requirements:

• Be a US citizen and at least 21 years old;
• Complete and file Form I-130 with USCIS;
• File Form I-485 with USCIS to adjust status;
• Attach a copy of your birth certificate, that of your parents, and your parents’ marriage certificate (if married);
• Copy of your US passport or some proof of your US citizenship status;
• Some evidence of relationship, such as a copy of the birth certificate;
• Payment of fees for required immigration procedures;
• Demonstrate that you have sufficient income to be your parents’ financial sponsor. This implies having a minimum income of 125% above the Federal Poverty Level (FPL), or having an eligible financial sponsor.

At Lluis Law, we can help you with your family petition. Our immigration lawyers in Los Angeles have the experience necessary to help you reunite with your loved ones once again. Contact us to receive the legal help you deserve.

At What Age Can I Qualify For A Petition to bring my parents to the uSA permanently?

As we mentioned, from the age of 21, any US citizen can apply for legal status for their parents.

This is included in the group of family-based visas and represents a benefit for both naturalized citizens and their families.

Can a US citizen sponsor a child over 21? We invite you to read our related article, or if you prefer, contact us. Our latino attorneys have bilingual skills, so they will speak with you in English or Spanish.

How Much Income Do I Need To bring my Parents To The USA permanently In 2024?

For a petition from citizen children to parents, the law requires that the sponsoring child demonstrate an income level of at least 125% above the FPL. Currently, this would be $25,550 for the 48 contiguous states and other localities.

However, sponsor children who live in Alaska will need at least $31,925 or $29,375 for those who live in Hawaii.

Documents Required To Submit A Petition From Citizen Children To Parents

If you want to make a petition for citizen children to parents, you should know that the documents vary depending on whether or not your parents reside in the United States at the time of filing the application:

Petition For Citizen Children To Parents Who Do Not Live In The US

If your parents live outside the United States, to bring the to the USA permanently, you must complete the following documents:

• Form I-130;
• Copy of your birth certificate and that of your parents;
• Copy of your naturalization certificate or US passport;
• Copy of the civil marriage certificate (if requested for the father, mothers are exempt from this requirement).

Citizen Children Petition To Parents Legally Living In The US

If your parents legally reside in the United States, to make the petition for citizen children to parents, you must complete the following documents:

• Form I-130;
• Form I-485;
• Copy of your and your parents’ birth certificate;
• Copy of your naturalization certificate or US passport.

Avoid leaving the country while the adjustment of status process is being carried out for the petition to bring your parents. Doing so may cause problems with the application.

How Can I petition to bring my parents as a US Citizen?

The process to make a request from citizen children to parents is as follows:

Step 1: Gather The Necessary Documentation

The first thing you should do is gather the required documentation. For example, copy of birth certificate, Form I-130, etc. 

Step 2: Complete Form I-130

Complete Form I-130 with the required information, including your personal information and that of your parents. Attach the necessary documentation mentioned previously.

Step 3: Pay The Corresponding Fees

Make payment for the following fees:

• $535 for Form I-130; and
• $1,225 if you also need to file Form I-485.

Step 4: Submit The Petition To USCIS

Mail Form I-130 or hand-deliver it to USCIS.

Step 5: Wait For The Acceptance Or Denial Notification

Once your application is received, USCIS will decide whether to approve it or not. Additionally, it will send you a notification confirming its decision, a process that may take several months. 

If the petition is accepted and your parents live outside the United States, USCIS will notify them to continue the process at the nearest US consulate.

Step 6: Schedule An Interview At The Consulate Or Embassy

Schedule an interview at the consulate or embassy of the country where your parents currently reside. In it, they must present a recent medical examination.

Step 7: Obtain The Visa And Travel To The United States

After the application is approved, your parents will receive the immigrant visa and will be able to travel to the United States. Upon arrival, an immigration officer will grant them lawful permanent residency by stamping their passports.

Didn’t they stamp your passport when you entered the United States? Don’t worry, it’s not very common these days. You can find out why in our article. 

Knowing this, do not face this entire process alone. At Lluis Law, we offer the necessary support to reunite you with your loved ones. Contact us today and secure the future of your family in this great country.

What Can Be Done If The Petition Of Citizen Children To Parents Is Denied?

If the petition of citizen children to parents is denied, you will receive information about how and when you can appeal this decision. Generally, this is included in the denial notification letter itself. 

This involves submitting the appeal form and paying the required fees to appeal to the Board of Immigration Appeals (BIA). Although you can win an immigration appeal process, it is recommended to seek the help of an immigration attorney.

How Can You Appeal If Your Application Is Denied?

The procedure for appealing is generally detailed in the denial notice sent by USCIS. Form EOIR-29 must be submitted along with the applicable appeal fees. 

An EOIR-27 must also be submitted. After processing the appeal form, the agency sends the application to the Board of Immigration Appeals.

Consulting with one of our immigration attorneys can be a small investment that saves you thousands of dollars and years of frustration by avoiding making decisions without professional advice.

Frequently Asked Questions on how to bring your parents to the uSA permanently

Can My Parents Work While Their Green Card Application Is Being Processed?

Generally, your parents can work while their Green Card application is pending. Of course, they must first have been admitted and possess an immigrant visa, whether or not they reside in the United States.

If your parents are abroad, upon entry they will receive a stamp in their passport that allows them to work while they wait for their Green Card approval. 

How Much Do I Have To Earn To Be Able To Petition to bring My Parents?

The cost of petitioning your parents is based on the need to demonstrate that the applicant has adequate financial resources. 

To do this, you must submit Form I-864. Under Section 213A of the INA, you must have a minimum income equal to 125% FPL.

If this requirement is not met, an evaluation of the applicant’s economic capacity will be carried out based on their assets. An example would be your bank accounts, properties, stocks and others. 

Is It Possible To petition to bring My Parents If I have lawful Permanent Residence?

Unfortunately no, only US citizens can apply for a Green Card for their parents. 

Of course, a lawful permanent resident can still bring certain family members to the US. The only way to do this is when it comes to their spouse or unmarried children under 21 years of age. 

What Other Family Members Can I petition to bring If I Am An American Citizen?

As a US citizen, you have the ability to petition the following family members:

• Spouse;
• Children under 21 years of age;
• Adopted children abroad; and
• Siblings.

Now, you already know that if you everything about bringing siblings to live in the United States as lawful permanent residents. To do so, we invite you to contact us, we will help you throughout this process.

Is It Possible To Bring My Undocumented Parents To The US And Obtain Lawful Permanent Residency? 

Yes, it is possible, but it depends on your specific situation:

• If your parents entered legally and then stayed illegally, they can apply for adjustment of status to obtain lawful permanent residence; either
• If they entered illegally, they may be eligible to apply for an immigration waiver or serve a bar of 3 to 10 years before being able to apply for a Green Card.

It is essential to have the advice of an experienced immigration attorney to navigate these processes.

Do I Need An Immigration Attorney To petition to bring my parents to the uS?

Although it is not mandatory to have an immigration attorney to petition parents for US citizen children, it is highly recommended to do so.

This is because a lawyer can provide you with advice, ensure that all documents are properly completed and submitted, and/or represent you in the event of any complications or appeal needs.

Now that you know more about how to bring your parents to live in the US permanently, don’t wait any longer and take the first step to reunite with your loved ones with Lluis Law by your side.

Our team of professional attorneys has extensive experience in family immigration cases and can guide you through the entire process. Contact us today and let’s fight together for a better future.