How to Help Your Parents Enter the United States Legally

It is possible for immigrants who have become US Citizens to bring their parents into the United States as lawful permanent residents. 

Of course, like any US Immigration process, it’s not easy to do. If you want to give your parents their best chance at coming to live with you in the United States, your best bet is to work directly with an immigration attorney who can help you navigate the details of their specific case.

Here’s the process, in broad terms.

Fill out one I-130 Petition for Each Parent

You’ll need to include copies of certain documents:

• Your naturalization certificate.
• Your birth certificate or similar document.
• A copy of your passport.

The petition will go to the consulate at your parent’s home country. They’ll have to fill ou their own paperwork and documents as well, including DS-261 and DS-260. They will also have to pay their filing fees and get a medical exam.

If your parents are already in the United States they must be in the United States legally in order to apply. In this case they would file a I-485, adjustment of status, form.

Do not bring your parents in under a tourist visa with the intent of filing for an adjustment of status later, however, as this will tell USCIS that they misrepresented the purpose of their visa when they filed for it. 

Fill out an I-864

This is the Affidavit of Support. 

This document affirms that you are going to help your parents meet their physical and financial needs whale they get on their feet here in the United States.  You have to meet federal income requirements for the form to be valid, which means you’ll have to send copies of US tax returns to prove your income and household size. If there are currently 3 people living in your household, you will have to make at least $25,975 to file this affidavit. 

This affidavit is a contract between yourself and the United States Government. It says that you will financially support your family member until they either become a United States Citizen or can be credited with 40 quarters of work.

Financial support means food, clothing, housing, medical care, and anything else your parents need to live. If at any point your parents reach out for public benefits such as food stamps, Medicaid, SSI, TANF, or CHIP then you will have to repay those benefits to those agencies. 

If you are unwilling or unable to sign this form your parents will not be eligible for green cards and will be unable to come to the United States.

Get help today.

The entire process of bringing your relatives over can be nerve wracking, especially if you’re bringing them over because they are elders in need of care. Working with an immigration attorney is one of the best ways to ensure the process goes smoothly.

Hykel Law is an experienced firm who has helped many individuals in your situation. Reach out to us to get the help you need today.

See also:

Is My Family Member Eligible for Immigration

5 Steps to a Smoother Immigration Process

7 Ways to Get a Green Card