Family-Based Green Card for Parents - I-130 Form

To petition for your mother or father to live in the U.S., you must be a U.S. citizen and at least 21 years old. Legal Permanent Residents may not petition to bring parents to live permanently in the United States.

You are required to provide evidence that you are the son or daughter of your parent:

• If you are sponsoring your mother, submit a copy of your birth certificate showing your name and your mother’s name;
• If you are sponsoring your father submit a copy of your birth certificate showing your name and both of your parent’s name as well as their marriage certificate;
• For an adoptive parent, include the adoption certificate;
• For a stepparent, include both your birth certificate and the marriage certificate with your biological parent.

You will be notified by the USCIS if your I-130 petition is approved or denied. If the parent you are sponsoring lives outside of the U.S., he or she will have to wait until Form I-130 is approved before starting the green card application process through a U.S. consulate, this is referred to as consular processing. If your mother or father entered the U.S. legally, e.g.; through a visa or other means, he or she is eligible to file Form I-485, Petition to Adjust Status, and Form I-130 Family-Based Green Card for Parents concurrently. Filing both forms at the same time, allows for immediate processing of the green card, without having to wait for approval of Form I-130.

Note: In the event that you were legally adopted, you may not petition on behalf of your birth parent.

To correctly sponsor your mother or father, you must also provide evidence of your U.S. Citizenship.

Documents that can prove your US Citizenship:

• Birth certificate
• Naturalization certificate or certificate of citizenship
• Form FS-240, Report of Birth Abroad of a Citizen of the United States
• Valid US passport
• Original statement from US consular officer verifying your citizenship

Note: Permanent Residents cannot petition for a Family-Based Green Card on behalf of their parents. However, once naturalized, Green Card holders will have the same rights as U.S. citizens.