Parents visiting America
This information is for United States (U.S.)
citizens who wish to bring their parents to live
permanently in the U.S. Note: Lawful permanent residents may not petition to
bring their parents to live permanently in the U.S.
Overview of Immigration
Process
A legal immigrant is a foreign national who has been granted
the privilege of living and working permanently in the United States. There is a
two-step process for your parent to become a legal immigrant. First, the USCIS
must approve an immigrant visa petition that you file for your parent. Second,
if your parent is outside the United States, your parent will be notified to go
to the local U.S. consulate to complete the processing for an immigrant visa. If
your parent is legally inside the U.S., he or she may apply to adjust his or her
status to that of a lawful permanent resident using the Form I-485.
What Does the Law
Say?
The Immigration
and Nationality Act is the law that governs the admission of
all immigrants to the United States. For the part of the law
concerning immigrant visas for parents, please see INA § 201
and INA § 204. The specific eligibility requirements and
procedures for applying for immigrant visas and permanent
residence are included in the Code of Federal Regulations
[CFR] at 8 CFR § 204.1, 8 CFR § 204.2 and 8 CFR §
245.
Who is Eligible to Sponsor
a Parent?
If you are a U.S. citizen and at least 21 years old, you
are eligible to petition to bring your parents to live and work
permanently in the United States.
If you are a lawful permanent resident, you
are not eligible to petition to bring your parents to live and
work permanently in the United States.
How Do I File the
Petition?
To find
out how you can petition for your parent to live in the United
States permanently, please refer to the Petitioning
Procedures, which will help you identify
what steps you need to take.
How Can I Check the
Status of My Visa Petition?
To check the status of your visa
petition, you will need to contact the USCIS office that
received it.
Can Anyone Help
Me?
If advice is
needed, you may contact the USCIS District Office near your
home for a list of community-based, non-profit organizations
that may be able to help you in applying for an immigration
benefit. In addition, please see our web page that provides
information on obtaining free legal advice.
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