Green Card for Parents of U.S. Citizens: What Southern Maine Sponsors Must Show
Many adult citizens in Portland, Biddeford, and the surrounding towns assume that bringing a mother or father to the United States is a formality once they have their own naturalization certificate. Federal law does treat parents of adult citizens favorably. Still, every petition depends on a few facts that must be proven on paper.
Why Parents Get Priority
The Immigration and Nationality Act places parents of U.S. citizens in the “immediate relative” category. Under INA 201(b)(2)(A)(i), immediate relatives are not subject to the annual numerical limits that create long backlogs in other family categories.
The category belongs to citizens alone. A lawful permanent resident cannot file for a parent. A green card holder who hopes to sponsor a parent generally has to naturalize first.
The Sponsor’s Age
The statute adds one more condition for parents: the citizen must be at least 21 years old. The implementing regulation repeats the rule, stating that only a citizen who is 21 or older may file a petition on behalf of a parent.
Proving the Parent-Child Relationship
Beyond proof of citizenship, the petitioner must document the relationship itself. The evidence USCIS expects depends on the family’s circumstances:
- Mother: The petitioner’s birth certificate showing the mother’s name, plus proof of any name change.
- Father, born in wedlock: The petitioner’s birth certificate, the parents’ marriage certificate, and proof that any earlier marriages of either parent legally ended.
- Father, legitimated child: Evidence that legitimation occurred before the petitioner turned 18.
- Father, born out of wedlock: Proof of the biological relationship and of a bona fide parent-child relationship formed while the petitioner was unmarried and under 21, such as records of financial support, school records, tax returns, or correspondence.
- Adoptive parent: An adoption decree showing the adoption took place before the petitioner’s 16th birthday, plus evidence of two years of legal custody and shared residence.
A missing marriage certificate or an undocumented divorce from decades ago can stall an otherwise simple case, especially when records must come from another country.
What Happens After Approval
An approved petition is not a green card. Under 8 C.F.R. 204.2(f)(3), USCIS forwards the approved petition to the Department of State if the parent is abroad, which leads to consular processing. If the parent is in the United States and eligible to adjust status under INA 245, USCIS keeps the file for that next step.
One detail surprises many families. Under 8 C.F.R. 204.2(f)(4), a parent’s spouse or children cannot be added as derivatives. A citizen bringing both parents needs a separate petition for each one, and other relatives in the household need their own qualifying basis.
Planning for Your Family
A parent petition is one of the more direct family-based routes, but it still rewards careful preparation. Families who work with our family immigration attorneys can review birth, marriage, and divorce records before anything is filed.
If you are weighing a petition for a parent, reach out to The Law Office of Jason M. Sullivan, PLLC, and we will walk through what your case requires. The Law Office of Jason M. Sullivan provides legal representation to those in Portsmouth, New Hampshire and Miami, Florida. Our team is here to guide you throughout each step of your case. Contact our office today to schedule a consultation with an immigration lawyer.