U.S. Citizen Over 21? Here’s How You Can Petition for Your Parents
Many U.S. citizens over the age of 21 wonder if they can petition for their foreign national parents to obtain a green card. The answer is generally yes, but there are specific requirements and limitations. Here’s a breakdown of the process, eligibility criteria, and important considerations.
1. Petitioning for Parents Outside the U.S.
If your parents reside outside the U.S. and have no prior immigration violations or criminal records, they can typically obtain a green card through consular processing. The steps include:
Filing Form I-130 (Petition for Alien Relative) with USCIS.
Upon approval, the case is transferred to the National Visa Center (NVC).
Parents must file immigrant visa applications, submit civil documents, and attend a consular interview.
If approved, they receive an immigrant visa in their passport and enter the U.S. as lawful permanent residents.
This process is relatively fast since immediate relatives of U.S. citizens are not subject to the yearly visa numbers. They do not need to worry about the visa bulletin or backlogs, as visas are always available. The average processing time is 6–12 months, though active-duty U.S. military members may receive expedited processing in 6–8 months.
2. Petitioning for Parents Inside the U.S.
If your parents are already in the U.S. on a valid visa, they may adjust their status without leaving. The process includes:
Filing Form I-130 and Form I-485 (Application to Adjust Status) concurrently.
Optionally filing for work and travel permits while waiting for approval.
Upon approval of Form I-485, they receive their green card and can legally work, travel, and reside in the U.S.
3. Petitioning for Parents Having Issues Like “Overstay, Unauthorized Work, and Entry Without Inspection (no legal entry)”
If parents overstayed their visas or worked without authorization, they may still qualify for adjustment of status—provided they initially entered the U.S. legally. However, if they entered without inspection (i.e., illegal entry), they are ineligible for adjustment of status through their U.S. citizen child.
Parents of U.S. citizens do not qualify for an unlawful presence waiver (Form I-601A), which is only available to spouses and children of U.S. citizens or lawful permanent residents. Without a legal entry record, parents of a U.S. citizen cannot obtain a green card through their U.S. citizen child unless they are subject to Section 245(I) or other separate visa categories such as a U, T, or Vawa self-petition. If a U.S. citizen child over the age of 21 is serving in the military or reserves or is an honorably discharged veteran, their parents—who entered the country without legal documentation—may be eligible for Military Parole in Place. However, in this post, we’ll focus specifically on the Section 245(i) adjustment of status exception.
4. Exception: Section 245(i)
An exception exists under Section 245(i) of immigration law, which allows certain undocumented immigrants to adjust their status if they had an immigrant petition or labor certification filed on their behalf on or before April 30, 2001. If eligible, they can adjust their status without leaving the U.S., avoiding bars that would otherwise prevent their return.
Applicants under Section 245(i) must:
Have been the beneficiary of an immigrant petition (I-130, I-140, or labor certification) filed on or before April 30, 2001.
Prove they were physically present in the US on December 21, 2000, if an immigrant petition was filed between January 15, 1998, and April 30, 2001.
Be present in the U.S. when filing for adjustment (I-485).
Pass background and security checks.
Pay the required fee of $1,000.
However, approval is not guaranteed and remains subject to USCIS discretion.
5. Financial Responsibility: Affidavit of Support (Form I-864)
The U.S. citizen petitioner must prove financial ability to support their parents by filing Form I-864 (Affidavit of Support). If their income is insufficient, they can include household members' income or secure a joint sponsor, who must be a U.S. citizen or permanent resident.
Note—household members can be the petitioner’s spouse, siblings, adult child, or parents at least 18 years old. Unlike a joint sponsor, they do not need to be U.S. citizens or permanent residents as long as they have a valid work visa (H-1B, E2, L-1) or work permit (EAD). If household members engage in unauthorized working (cash job), their incomes do not count.
Final Thoughts
Understanding these rules is crucial if you are a U.S. citizen over 21 and considering petitioning for your foreign national parents. Before starting the process, check your parents’ eligibility, review their immigration history, and ensure your financial support.
Why Professional Legal Assistance Matters
Some individuals attempt to navigate the immigration process on their own, believing it’s just a matter of filling out forms. However, U.S. immigration law is complex, and even small mistakes can lead to unnecessary delays or denials. From time to time, we have seen cases where individuals come seeking help to fix errors made in their initial applications. Sometimes, these mistakes arise due to a lack of knowledge about immigration laws, misunderstanding forms, omission of important details, or simply not knowing what information to include. Without proper guidance, individuals may inadvertently make errors that complicate their cases.
This is not to say that you need an attorney for every immigration case. However, when deciding, it is important to weigh the pros and cons carefully. Mistakes in an immigration case can be costly to fix later. What might have been a straightforward process can become significantly more complicated and expensive if avoidable errors are made. Investing in proper legal guidance from the start can save you time and money in the long run.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult an attorney. Immigration Law Office of Amy Chung, PLLC, is NOT responsible for any decisions made based on the information provided on our website without the firm’s legal representation. Legal representation is ONLY established upon the mutual signing of a Legal Services Agreement AND the prospective client’s payment of the required attorney fee.