Green Cards for Parents and Children of U.S. Citizens | Tingen Law

I'm a U.S. citizen. Can I bring my mom, dad or child?

Yes, but how fast depends on who it is. Parents and unmarried children under 21 don't wait in line for a visa. Adult and married children do, sometimes for many years.

Who you can petition for

• Your parent (you must be 21 or older): immediate relative. No wait for a visa, only processing time.
• Your unmarried child under 21: immediate relative. No wait for a visa, only processing time.
• Your unmarried son or daughter, 21 or older: family first preference (F1). Years of waiting, set by the Visa Bulletin.
• Your married son or daughter, any age: family third preference (F3). Many years of waiting, set by the Visa Bulletin.

Married to a citizen yourself? Start here instead.

The path

1. You file a separate Form I-130 for each relative, with proof of how you're related.
2. If your relative is an immediate relative already in the U.S. who came in legally, they can file Form I-485 at the same time.
3. If they live abroad, the approved case goes to the National Visa Center, then to an interview at a U.S. consulate.
4. You sign Form I-864, promising to support them. If your income is too low, a joint sponsor can sign too.
5. Your relative gets a 10-year green card and can live and work here permanently.

Parents: visiting or living abroad? If your mother or father is already here on a visa, they may be able to stay and apply from the U.S. When and why they came can matter, so talk to us before they file. If they live abroad, they'll finish the process at the consulate in their country, and they can't come on a tourist visa planning to stay.

Children over 21: why it's slower. Once your son or daughter turns 21, they move into a category with yearly limits and a waiting line. If they marry, they move into an even slower one. A law called the Child Status Protection Act protects some children who turn 21 during the process, so ask before assuming the worst. A parent's guide to sons and daughters over 21.

Key facts

• Forms: I-130 (one per relative), I-864, and either I-485 (in the U.S.) or the consular forms (abroad).
• Government fees: $675 per I-130. In the U.S., add $1,440 for the I-485. Abroad, add the National Visa Center and immigrant visa fees.

What complicates it

Your parent entered without inspection. Parents who crossed without being admitted usually can't finish the process inside the U.S. Leaving can trigger a bar on returning, and the usual waiver depends on other family ties. This one needs a lawyer before anything is filed. Read about family-based waivers.

Your child is turning 21. A birthday can move your child into a slower category. The Child Status Protection Act may lock in their age, but the math is specific. Read the guide for sons and daughters over 21.

Your income is tight. As the sponsor, you have to show income of at least 125% of the federal poverty guidelines for your household size. If you're short, a joint sponsor or your assets can fill the gap. A quick guide to Form I-864.