How to Bring a Parent to the United States Legally
For many immigrant families in North Alabama, one of the most meaningful goals is bringing a parent to the United States permanently. The good news is that if you are a U.S. citizen who is at least 21 years old, bringing a parent here legally is one of the most straightforward paths in the immigration system. Parents of U.S. citizens qualify as immediate relatives, which means there is no annual cap on the number of visas available and no waiting list. Understanding the process from start to finish helps you avoid delays and prepare for what lies ahead.
Who Qualifies as an Immediate Relative Parent?
Under INA section 101(b)(2), a parent of a U.S. citizen includes a biological parent, an adoptive parent (if the adoption was finalized before the child turned 16), and a stepparent (if the marriage creating the stepparent relationship occurred before the child turned 18). Only U.S. citizens who are 21 or older can petition for a parent. Lawful permanent residents cannot petition for parents.
Step One: File the Petition
The process begins with Form I-130, Petition for Alien Relative, filed by the U.S. citizen child with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between petitioner and beneficiary. Supporting documents typically include the U.S. citizen's birth certificate, the U.S. citizen's proof of citizenship (passport or naturalization certificate), the parent's birth certificate, and any marriage certificates that establish the relationship (for stepparents).
Current USCIS processing times for Form I-130 are available at the USCIS processing times tool. Because parents are immediate relatives, once the I-130 is approved, a visa number is immediately available and the case moves forward without waiting.
Step Two: Consular Processing or Adjustment of Status
How the parent enters the United States depends on where they are currently located.
If the Parent Is Outside the United States
Once USCIS approves the I-130, the case is transferred to the National Visa Center (NVC), which collects additional documents and fees before scheduling an immigrant visa interview at the U.S. embassy or consulate in the parent's home country. The parent attends the interview, and if approved, receives an immigrant visa to enter the United States as a lawful permanent resident.
If the Parent Is Already in the United States
If the parent is already lawfully present in the United States, they may be eligible to file for adjustment of status using Form I-485 without leaving the country. In many cases the U.S. citizen child can file the I-130 and the parent can file the I-485 simultaneously, a process called concurrent filing, which can significantly shorten the overall timeline.
What If the Parent Entered Without Inspection or Has Overstayed?
This is where the process becomes more complex. A parent who entered the U.S. without inspection or who has overstayed a visa may have accumulated unlawful presence, which can trigger bars to admission under INA section 212(a)(9).
Specifically, individuals who have accrued more than 180 days but less than one year of unlawful presence and then depart may face a three-year bar. Those who accrued one year or more of unlawful presence face a ten-year bar upon departure.
In these situations, a waiver may be available. Form I-601A, Application for Provisional Unlawful Presence Waiver, allows certain qualifying individuals to apply for a waiver before departing the United States for their consular interview, reducing the risk of extended separation. Whether a parent qualifies for this waiver and how strong the waiver application needs to be depends heavily on the specific facts of the case.
Medical Examination
All immigrant visa and adjustment of status applicants must complete a medical examination conducted by a USCIS-designated civil surgeon. The results are submitted on Form I-693. The examination covers general health, vaccination history, and screening for communicable diseases of public health significance.
Affidavit of Support
Because the parent will be entering as a lawful permanent resident, the U.S. citizen child must file Form I-864, Affidavit of Support, demonstrating that they have sufficient income to support the parent at 125 percent of the federal poverty guidelines. This is a legally enforceable contract that continues until the parent becomes a U.S. citizen, can be credited with 40 quarters of work, leaves the United States permanently, or dies.
After the Green Card: The Path to Citizenship
Once the parent has a green card, they may be eligible to apply for U.S. citizenship after five years of lawful permanent residence. The USCIS naturalization overview explains the requirements in detail.
At La Raza Legal, we guide North Alabama families through the parent petition process from start to finish, including complex cases involving unlawful presence waivers. Call us today at 256.272.1221 or contact us to schedule a consultation in English or Spanish.
