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Seyfarth Synopsis:When the time
comes for adult children to explore senior living options for their
aging parents who may be living abroad, dealing with the
immigration system may seem daunting. Senior care providers can
offer assistance in reuniting families by providing information and
access to resources to help families and residents navigate the
immigration process.
Becoming a Lawful Permanent Resident ("Green Card"
Holder) Through a U.S. Citizen Child
One of the most common ways people immigrate to the U.S. is
through family. However, there are some family-based green
card categories that come with lengthy processing times due to
significant backlogs in visa availability–some wait times
reach 23 years!
Fortunately, for U.S. citizens who are at least 21 years of age
or older, sponsorship for a parent is one of the most streamlined
visa processes, as this category does not have a visa backlog or a
"wait list" to slow down the application process.
This post is an introduction to the basics of green card
processing for a parent of a U.S. citizen through two different
paths: Consular Processing (for parents residing abroad) and
Adjustment of Status (for parents residing in the U.S.).
Parents Residing Outside of the U.S. — Consular
Processing
The process to obtain a green card for a parent residing outside
of the U.S. is divided into two steps: (1) Filing an I-130
Immigrant Visa Petition with U.S. Citizenship and Immigration
Services (USCIS) in the U.S., and (2) Submitting forms and
documents to the National Visa Center and Consulate or Embassy
having jurisdiction over the parent's place of residence.
First, the U.S. citizen child files Form I-130 (Immigrant Visa
Petition) with USCIS to establish a valid parent-child relationship
and also to demonstrate that the child is a U.S. citizen who is
eligible to sponsor his or her parent. Among the documents
necessary to file are birth certificates, filing fees, photographs,
and evidence of the child's U.S. citizenship. Once the
I-130 petition is approved by USCIS, the case is transferred to the
U.S. Department of State's National Visa Center (NVC).
The NVC will request documents and information from the U.S.
citizen child as well as the parent. The U.S. citizen child
will be responsible for completing an application to demonstrate
the financial ability to support his or her parent when they arrive
in the U.S. The parent will be required to submit biographic
documentation, such as birth and marriage records, as well as
police clearance letters. Once the file is deemed complete by
the NVC, the file will be transferred to the Consulate or Embassy
having jurisdiction over the parent's place of residence.
The parent will be required to undergo a medical examination
performed by a government-designated physician and attend an
interview at the Consulate or Embassy where an Immigrant Visa
Packet will be issued. The parent may then take the Immigrant
Visa Packet to the U.S. port of entry where he or she will be
admitted to the U.S. as a Lawful Permanent Resident.
Parents Residing in the U.S. in a Lawful Immigration Status
— Adjustment of Status
Similar to Consular Processing, the process to obtain a green
card for a parent residing in the U.S. in a lawful immigration
status is conceptually two-fold: (1) Filing an I-130 Immigrant Visa
Petition with USCIS, and (2) Filing Form I-485 Application to
Adjust Status with associated forms and supporting documents to
USCIS. However, unlike Consular Processing, both steps may be filed
concurrently and to USCIS stateside.
The documents that accompany the I-130/I-485 application consist
of proof of financial support of the parent, documents to establish
a parent-child relationship, a completed medical exam, filing fees,
and photographs.
Once the application is received by USCIS, the parent will be
scheduled for a biometrics appointment at a local USCIS office
where he or she will be fingerprinted for a routine background
screen. USCIS will also grant a temporary work authorization
and travel permission card while the I-130/I-485 application is
pending. The parent and child will then be interviewed by a
USCIS officer at the local USCIS District Office and a decision on
the case will be made.
While sponsorship of a parent by a U.S. citizen child is one of
the more streamlined green card processing queues, these
applications can be somewhat technical, as it is a multi-step
process with many government forms and associated nuances for
completion. It is advisable to seek the counsel of an
immigration professional. Senior care providers can help families
and residents navigate the immigration process by offering
information and access to resources.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On October 1, 2015, the US Department of State will begin accepting requests to register for the 2017 Diversity Immigrant Visa Program (DV-2017), also known as the Green Card Lottery.
The law, under the INA, has long penalized foreign nationals "who willfully misrepresent a material fact" while seeking to procure a visa or other immigration benefit.
Feeling Discouraged About Immigration? You are not alone. Many agree that the U.S.'s current immigration system is in need of comprehensive legislative reform.
USCIS Requests for Evidence (RFEs) for H-1B petitions have increased by more than 45% this year compared to the same timeframe in 2016, Reuters reports.
USCIS resumed premium processing on October 3, 2017, for all H-1B "specialty occupation" petitions, including initial filings, H-1B amendment, change-of-employer, and extension petitions.
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