Family Reunification Made Possible
Many U.S. citizens want nothing more than to have their parents close by, not just for brief visits but as permanent residents who can truly be part of their daily lives. If you’re a U.S. citizen thinking about bringing your parents to America permanently, you’re not alone. The immigration system provides a pathway for this through the parent green card process.
While the process involves multiple steps and requirements, thousands of families successfully reunite each year through this immigration pathway. Whether your parents currently live overseas or are visiting you in the United States, there’s a structured legal process that can help bring your family together permanently.
Who Can Bring Their Parents to the US?
The United States immigration system recognizes the importance of keeping families together, but there are specific requirements you must meet before you can petition for your parents’ green cards.
You Must Be a US Citizen
Only U.S. citizens can petition for their parents’ green cards. If you’re a lawful permanent resident (green card holder), you cannot sponsor your parents for permanent residency, though you may be able to sponsor them once you become a naturalized citizen.
Age Requirement
You must be at least 21 years old to petition for your parents. This age requirement ensures that petitioners have reached full legal maturity and can take on the financial responsibilities that come with sponsoring immigrants.
Proving Your Relationship
You’ll need to provide clear documentation establishing your biological or legal relationship with your parents. This typically includes birth certificates, adoption papers, or other official documents that prove the parent-child relationship.
The IR-5 Visa Category
Parents of U.S. citizens fall under the IR-5 visa category, which stands for “Immediate Relative of U.S. Citizen.” This classification is significant because it means there are no annual limits on how many parents can receive green cards each year.
Unlike other family-based immigration categories that have lengthy waiting periods due to per-country limits, immediate relatives don’t face these delays. Once your petition gets approved and your parents complete the required steps, they can receive their green cards relatively quickly.
Step-by-Step Process for Bringing Parents to the US
The parent green card process involves several phases, each with its own requirements and timelines. Here’s what you can expect:
Phase 1: File Form I-130 Petition
Form I-130 is your formal request to the U.S. government to recognize your parent as an immediate relative eligible for permanent residence. This petition must include:
- Proof of your U.S. citizenship
- Evidence of your parent-child relationship
- Biographical information about you and your parent
- Required filing fees
Phase 2: Wait for I-130 Approval
Most Form I-130 petitions for immediate relatives are approved within a 10 to 14 month time frame, but they can take longer in some cases. Current USCIS data shows processing times of approximately 14 months for immediate relatives. Processing times can vary based on the service center handling your case and current caseload volumes.
Phase 3: Choose Your Path
Once your I-130 petition is approved, the next steps depend on whether your parents are already in the United States or living abroad.
If Your Parents Are Outside the U.S. (Consular Processing)
Once your I-130 petition gets approved, it will be forwarded to the National Visa Center (NVC), which will help your parents through the consular processing steps. This includes:
- Completing the DS-260 immigrant visa application
- Gathering required civil documents
- Obtaining medical examinations
- Attending a visa interview at a U.S. consulate
If Your Parents Are in the U.S. (Adjustment of Status)
If your parents are already in the United States on valid visas, they may be able to adjust their status to permanent resident without leaving the country by filing Form I-485. In many cases, you can file both the I-130 petition and I-485 application simultaneously, which is called concurrent filing.
What Documents Will You Need?
Successful parent green card applications require extensive documentation. Start gathering these materials early in the process:
For the I-130 Petition:
- Your U.S. birth certificate or certificate of naturalization
- Your parent’s birth certificate
- Marriage certificate (if applicable for name changes)
- Court records for any legal name changes
- Photos of you and your parent together (recommended but not required)
For the Green Card Application:
- Your parent’s passport
- Police clearance certificates from all countries where your parent has lived
- Medical examination results from an approved civil surgeon
- Affidavit of Support (Form I-864) showing you can financially support your parent
- Tax returns and employment documentation
- Bank statements and asset documentation
Financial Responsibilities and the Affidavit of Support
As the petitioner, you’re taking on significant financial responsibilities when you sponsor your parent for a green card. The Affidavit of Support (Form I-864) is a legally binding contract where you promise to financially support your parent if they cannot support themselves.
Income Requirements
You must demonstrate that your household income is at least 125% of the federal poverty guidelines for your household size. The exact dollar amounts change annually and are published in USCIS Form I-864P. For current income requirements, refer to the most recent I-864P form available on the USCIS website, which provides the official poverty guidelines for Affidavit of Support purposes.
Joint Sponsors
If your income doesn’t meet the requirements, you can have a joint sponsor who is also a U.S. citizen or permanent resident and meets the income requirements independently.
Duration of Responsibility
Your financial obligation continues until your parent becomes a U.S. citizen, accumulates 40 quarters of work in the U.S., dies, or permanently leaves the United States.
Timeline and Processing Times in North Carolina
For North Carolina residents, having realistic expectations about timing helps you plan properly for your family reunification journey.
Current Processing Times:
Most Form I-130 petitions for immediate relatives are approved within a 10 to 14 month time frame, with current processing times showing approximately 14 months. Processing times can vary based on the service center handling your case and current caseload volumes.
North Carolina USCIS Offices:
North Carolina residents should be aware of the USCIS office locations that serve their area. The primary USCIS field office for North Carolina is located in Greensboro at 500 N. Harbor Place Drive, Greensboro, NC 27409. For biometrics appointments and certain services, you may visit the Charlotte Application Support Center. Note that USCIS field offices do not allow walk-ins and you must have an appointment to visit an office.
For Immigration Court matters (removal proceedings), Charlotte has an Immigration Court located at 301 S McDowell St Suite 200, Charlotte, NC 28204. However, family-based green card applications are processed through USCIS, not Immigration Court.
Total Timeline Estimate:
- I-130 petition: 10-14 months
- Consular processing or adjustment of status: 6-12 months
- Total process: 16-26 months from start to finish
Common Challenges and How to Address Them
The parent green card process, while straightforward in concept, can present several challenges that families should address early in the process.
Document Translation and Authentication
Foreign documents must be translated into English by certified translators. Some documents may also need to be authenticated or apostilled by the issuing country’s government. This process can take several months, so start early.
Medical Examination Requirements
Your parents must undergo medical examinations by USCIS-approved civil surgeons. The medical exam includes required vaccinations, and some older adults may need additional medical documentation if they have chronic conditions. You can find a list of USCIS-approved civil surgeons in North Carolina on the USCIS website.
Inadmissibility Issues
Certain criminal convictions, previous immigration violations, or health conditions can make someone inadmissible to the United States. Many of these issues can be addressed through waivers, but they require additional legal steps and documentation.
Financial Documentation Challenges
Self-employed petitioners or those with fluctuating income may face additional scrutiny when proving they meet the financial requirements. Alternative documentation like tax returns, profit and loss statements, and asset documentation can help establish financial stability.
What Happens After Your Parents Get Their Green Cards?
Once your parents receive their green cards, they become lawful permanent residents with most of the rights and responsibilities of US citizens.
Rights and Benefits:
- Permission to live and work permanently in the United States
- Access to certain government benefits after meeting residency requirements
- Protection under U.S. laws
- Ability to travel freely in and out of the United States
- Option to apply for U.S. citizenship after five years
Responsibilities:
- Obey all federal, state, and local laws
- File income tax returns and pay taxes
- Register with Selective Service if male and aged 18-25
- Maintain permanent resident status
Path to Citizenship
After five years as permanent residents, your parents can apply for U.S. citizenship through naturalization. This process involves passing English and civics tests, but it grants them the full rights and privileges of American citizenship.
Why Legal Representation Matters
The parent green card process involves complex federal immigration law, strict deadlines, and significant consequences for errors. While some families successfully complete the process on their own, many benefit from professional legal assistance.
Benefits of Legal Representation:
- Accurate completion of all forms and applications
- Strategic advice on timing and procedure
- Help gathering and organizing required documentation
- Representation during interviews and hearings
- Assistance with any complications or delays that arise
When Legal Help is Especially Important:
- Your parent has any criminal history
- Previous immigration violations occurred
- Complex family situations exist
- Financial documentation is complicated
- Language barriers make communication difficult
Key Takeaways
Bringing your parents to the United States through the green card process is a significant but achievable goal. The IR-5 visa category offers a direct path for U.S. citizens to reunite with their parents permanently.
Remember these important points:
- Only US citizens age 21 and older can petition for parents
- The parent green card process typically takes 16-26 months from start to finish
- Financial sponsorship obligations are long-term and legally binding
- Proper documentation and timing are crucial for success
- Professional legal guidance can help avoid costly mistakes and delays
The journey to bring your parents to America requires patience, preparation, and persistence. With the right approach and realistic expectations, your family reunification dream can become a reality.
Frequently Asked Questions
How long does it take to get a green card for parents? Current USCIS processing times show approximately 14 months for I-130 petitions for immediate relatives, with the total process typically taking 16-26 months including consular processing or adjustment of status.
Can green card holders sponsor their parents? No, only U.S. citizens can petition for their parents’ green cards. Green card holders cannot sponsor parents for permanent residence.
What if my parent is already in the U.S. on a tourist visa? If your parents are already in the United States on valid visas, they may be able to adjust their status to permanent resident without leaving the country by filing Form I-485. In many cases, you can file both the I-130 petition and I-485 application simultaneously.
How much does the parent green card process cost? Filing fees change periodically, so check the current USCIS fee schedule for Form I-130 and Form I-485 (if adjusting status). Additional costs include medical examinations, document translation, and legal representation if desired.
What happens if my I-130 petition is denied? You can file an appeal or motion to reopen/reconsider with USCIS, or file a new petition addressing the reasons for denial. Legal representation is strongly recommended for denied cases.
Do my parents need to speak English to get green cards? No, there are no English language requirements for obtaining a green card. However, English proficiency will be required if they later apply for US citizenship.
Can my parents work while their green card application is pending? If they’re adjusting status in the U.S., they can apply for work authorization (Form I-765) while their I-485 application is pending. If they’re abroad doing consular processing, they cannot work in the U.S. until they receive their green cards.
Contact the Law Office of Jack G. Lezman, PLLC
Your family deserves to be together, and we’re here to help make that happen. The parent green card process can feel overwhelming, but you don’t have to handle it alone. Our Charlotte-based immigration law firm has helped countless North Carolina families reunite with their loved ones through the family-based immigration process.
We know how much bringing your parents to America means to you and your family. Every case is unique, and we take the time to understand your specific situation and develop a strategy that gives you the best chance of success. From the initial I-130 petition through your parents’ first day as permanent residents, we’ll guide you through each step of the process.
Don’t let confusion about forms, deadlines, or requirements delay your family reunification any longer. Contact us today to schedule a free consultation and take the first step toward bringing your parents home to North Carolina. Your family’s American dream is waiting, and we’re here to help make it a reality.
