Sharing financial stability and a better quality of life with our loved ones is more achievable than you may think. Learn the requirements for applying for U.S. residency through your children.
Reuniting and bringing a family together in the United States is a dream for millions of immigrants. Life circumstances often force family members apart, but love and persistence bring them back together.
If your child is a U.S. citizen and over 21 years old, they can apply for your U.S. residency. As of 2019, under this method, one million people obtained permanent residency, making up 40% of all new Legal Permanent Residents in the country, according to CNN Español.
It’s important to note that Green Card holders (permanent residents) cannot currently file this request.
Requirements for Applying for U.S. Residency Through Your Children
The easiest way for your children to apply for your U.S. residency is if you’re already in the country with a valid visa. In these cases, you’ll need to file Form I-130, Petition for a Relative. Then, either at the same time or afterward, you’ll go through the Adjustment of Status process using Form I-485.
Here are some key requirements for applying for parents’ residency in the U.S. through Adjustment of Status:
- Proof that the applicant entered the U.S. with a valid visa (copy of the visa or I-94 entry/exit record).
- Copy of the birth certificate and passport from the country of origin.
- Financial statements and an affidavit of support proving the sponsor can financially support the applicant.
- Certified copy of a criminal background check.
- Medical exam conducted by a provider authorized by U.S. Citizenship and Immigration Services (USCIS).
These requirements may change if the visa your parents used to enter the U.S. has expired. While this doesn’t prevent them from getting permanent residency, you may need to use a legal provision that waives this condition for immediate relatives, such as spouses, parents, and unmarried children.
It’s also important to know that under U.S. immigration laws, applicants going through Adjustment of Status can work freely while their case is being processed.
If you need to travel outside the country, you must request permission through Form I-765, Application for Employment Authorization, and I-131, Application for Travel Document.
How to Apply for Residency if You’re Outside the U.S.
If you live outside the U.S., the process also starts with your child filing Form I-130. Additional documents are required, including:
- Copy of the sponsor’s birth certificate
- Copy of their passport, naturalization certificate, or citizenship certificate
If USCIS approves your application, you must visit the U.S. embassy in your home country to complete the process. This includes an interview to verify your personal information. After that, you’ll receive a visa with a special stamp. A few weeks after entering the U.S., you’ll receive your Green Card.
Estimated Time to Obtain Residency Through Your Children
While applying for parents’ residency in the U.S. is one of the easiest ways to get a Green Card, keep in mind that the process can take at least five months if you’re already in the U.S. with a valid visa when applying for permanent residency.
If your visa has expired and you’re facing penalties for an extended stay, you might have to leave the country and not return for up to 10 years. In these situations, it’s essential to have legal assistance to resolve the issue and obtain residency.
Cost of Applying for Parents’ Residency in the U.S.
If you’re a parent living in the U.S., the cost for this application is about $2,115 USD and includes the following fees:
- Filing Form I-130: $675 USD ($625 USD if filed online)
- Form I-485: $1,440 USD
If you’re a parent outside the U.S., they’ll need to pay about $1,340 USD for the application. The consular process includes:
- Form I-130: $675 USD ($625 USD if filed online)
- DS-260, Immigrant Visa Application: $325 USD
- Form I-864, Affidavit of Support: $120 USD
- USCIS Immigration Fee: $220 USD
The process can be done for both parents at once, but the fees and documentation must be submitted individually. It’s recommended to do the process separately since doing it together can increase processing times.
Here at Alvva, we’re a company founded by immigrants. We understand how important it is to have all the tools you need to reach your full potential. Use our Case Center to safely store all your information and documents. We’ll take care of the rest, making sure your forms are filled out correctly, backed by our Approval Guarantee. Check your eligibility in just a couple of minutes.
