One of the most important thing for most immigrants is to be able to bring their parents to the United States. This step simple guide is for US citizens who want their foreign-born parents to be here. One of the first thing to check is whether your father or mother is already in the United States and whether they already entered on a valid visa. In case they are overseas, then the process is different.

PARENTS LIVING ABROAD AND ARE PRESENTLY ABROAD.

STEP 1 – File A Form I-130 Petition – Petition for Alien Relative

For citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States.

STEP 2 – Wait for the Approval of the Form I-130 and Proceed to the National Visa Center.

Once the form I130 is approved then the case will be referred to the National Visa Center for processing. The National Visa Center (NVC) collects immigrant visa application forms, Affidavit of Support forms, and ensures all fees have been paid prior to the immigrant visa interview at a U.S. Embassy or Consulate outside the U.S.

STEP 3 – After the National Visa Center, the case will be referred to the U.S. Embassy or US Consulate.

At this point an interview will be conducted. The parents petition will be finalized and if approved an immigrant visa will be issued.

STEP 4 – Use the Visa and come to the United States

Once the immigrant visa is issued, we recommend you come to the United States before the visa is expired. Failure to do so might result in having to start the process again. However under specific extraordinary conditions, you might be able to reschedule or change the visa entering dates.

STEP 5 – Once you enter the United States wait for your permanent residence card

After you enter the United States, a permanent resident card (also know as a green card) will be mailed to your US address. In case you do not receive it, make sure you contact the USCIS.

FOR PARENTS WHO ARE ALREADY IN THE UNITED STATES.

If your mother or father is already in the United States and entered through a valid visa such as a visitor B2 visa, the procedure is different because you can request for an adjustment of status.

STEP 1 – File the Form I-130 and Form 1-485 Adjustment of Status concurrently.

Make sure you look at the forms closely including filing the other forms to be filed concurrently such as the forms I-864, I-693, G-325A, I-765 and I-131. Note that based on the entry of your parents, either legally or without inspection, (EWI) there might be other forms to fill. If your parents entered illegally (EWI) or through certain specific visas such as certain C visas. Then you need to go to step 2. Note that overstaying on legal entries on certain specific visas, do not require to go to step 2.

STEP 2 – File I-485 Supplement Form in case your parent needs to benefit from INA 245(i)

These supplements need to be filed to be successful in the process.

Note that the above is just a short version how to file for your parents’ petition. The help of a professional, a real lawyer, can actually make a difference in the case. In fact, there might be other issues involved which this article does not cover. Please call our office to give you further guidance or any on the matter. Our phone 510 742 5887 and our email [email protected].