USCIS treats parents of US citizens as immediate relatives, which means they do not face annual visa limits. But that does not make the process automatic. You still need to:
- Prove the parent-child relationship
- Meet sponsorship requirements
- Submit the right forms
- Respond properly if USCIS asks for more information
A family immigration lawyer in New York can help you prepare the petition correctly, especially if your parent has:
- Overstayed a visa
- Lost documents needed to prove the relationship (birth certificates, marriage records)
- Used different names across passports, birth records, marriage records, or prior filings
- Had a past visa application denied, and now needs to explain what happened
Can you petition for your parent?
You can petition for your parent if you are a US citizen and at least 21 years old. Lawful permanent residents cannot petition for parents.
You will also need to prove the legal parent-child relationship.
If you are petitioning for a birth parent, you will usually be asked to provide your birth certificate showing your parent’s name.
If you are petitioning for a stepparent, an adoptive parent, or a father where the relationship needs extra proof, USCIS may require additional records.
Note that you can only petition for your stepparent if their marriage to your biological parent took place before your 18th birthday.
If you were adopted, the legal adoption process must generally have been finalized before you turned 16. (In addition, you’ll typically need to show that you lived under their legal custody for at least two years).
If your parents weren’t married when you were born, you can still petition for your father, but you’ll need to show extra evidence of your bond. This usually means proving he was an active part of your life either through legal recognition before you turned 18, or by showing financial and emotional support before you turned 21.
What documents do you need for a parent petition?
USCIS will ask to see proof (1) that you qualify as the petitioner and (2) that your parent qualifies as your immediate relative.
| Document | Why USCIS needs it |
| Your proof of US citizenship (US passport, naturalization certificate, or birth certificate) | Shows that you can petition for a parent |
| Your birth certificate | Shows the parent-child relationship |
| Your parent’s birth certificate or identity documents | Helps confirm your parent’s identity and biographical details |
| Marriage, divorce, adoption, or name change records | Explains legal name changes, stepparent relationships, adoption history, or family history that affects the petition |
| Financial documents | Supports the Affidavit of Support later in the process |
USCIS will also ask you to submit certified translations for non-English documents.
How do you file Form I-130 for a parent?
You will use Form I-130 (Petition for Alien Relative) to ask USCIS to recognize your parent as your qualifying relative. The form asks for details about you, your parent, your relationship, addresses, immigration history, and family background.
Your family immigration lawyer in New York can help you complete the form so that there are no mistakes. They can make sure that all supporting records __, and that there are no common filing errors such as:
- Blank sections
- Mismatched dates
- Incomplete names
- Missing signatures
USCIS will compare your I-130 against all the birth certificates, passports, prior visa records, and other documents you submit with the petition. If any information does not match, USCIS may pause the case and ask you to explain the inconsistency.
What happens after USCIS receives the petition?
- USCIS reviews the I-130 and the evidence you submitted.
- If the officer has enough information, USCIS can approve the petition.
- If something looks unclear or inconsistent, USCIS may send a Request for Evidence (RFE).
Just because you received an RFE does not mean USCIS will deny your petition. It simply means that the officer needs more proof before making a decision. Your family immigration lawyer in New York can review the RFE and prepare a direct response before the deadline.
What happens after the parent petition gets approved?
Approval of Form I-130 does not automatically give your parent a green card. It only confirms that USCIS recognizes the qualifying family relationship. After that, your parent still has to complete the green card application process, and the next step depends on where they live.
If your parent lives outside the United States, they will usually complete consular processing. The case will go to the National Visa Center first, then to a US embassy or consulate. Your parent will be required to complete a medical exam and attend a visa interview before an officer decides whether to issue the immigrant visa.
If your parent already lives in the United States, they may be able to apply for adjustment of status if they meet the legal requirements. This will let them apply for a green card from inside the country.
However, your parent may run into problems if they previously
- Overstayed a visa
- Worked in the United States without authorization
- Entered the country without inspection
- Violated the terms of a past immigration status
A family immigration lawyer in New York can check whether adjustment of status is safe before your parent files.
How can Berd & Klauss, PLLC, help with a parent immigration petition?
If you want to bring your parent to the United States, Berd & Klauss, PLLC can help you understand the process and prepare the required filings. Call 212-461-7152 to schedule an appointment with a family immigration lawyer in New York.
