Any American Citizen over the age of 21 may apply for the Residency Card (also known as the Green Card) for their father or mother.
The processing period for this type of application varies depending on whether the parents live within United States territory or abroad. Thus, the process may take from 6 months up to 10 years, depending on the situation of the applicant.
The father or mother lives in the United States and can change their status
In this case, you must present form I-130 alongside the additional documentation, as well as form I-485 requesting the change of status. It is essential that once you have started this proceedings you do not leave the United States without a travel permit.
You must know whether it is possible to change the status of your parents. If their status can be changed, this is one of the fastest ways to apply for a Green Card. If it is not possible, the proceedings may take longer than expected – it may even become an impossible goal, since it would force families apart for several years. Before presenting an application, you must know for sure that what you are doing is the correct thing to do. You may get the counsel of our expert immigration attorneys in order to do so.
If the parents are outside of the United States and there are no grounds for inadmissibility
First of all, the United States Citizenship and Immigration services (USCIS) must approve your application I-130. Once it is approved, you must send the paperwork to the National Visa Center (NVC). From then on, the process usually takes some months, since these documents are sent to the NVC in the measure they are requested.
Moreover, you must pass a medical examination and attend an interview at the Embassy or Consulate. Once you are accepted, you will have six months to enter the United States.
The father or mother is outside of the United States and there are grounds for inadmissibility
The Residency Card may be denied for several reasons. This is what is known as grounds for inadmissibility. In such cases, here is a problem that could be solved by letting time pass by or requesting and obtaining a migratory waiver. It is important to know that sometimes obtaining the Residency Card will be impossible, despite of having a child who is an American Citizen.
In the majority of cases, the reason for being denied entry into the United States is having lived illegally in the country, which is punished with imprisonment, from 3 to 10 years and/or deportation.