How to file an immigration petition for your parents?

August 15, 2014

To petition for your parents the petitioner must file Form I-130, Petition for Alien Relative with U.S. Citizenship and Immigration Services, to establish the existence of a relationship to the beneficiary. The petitioner has to be a U.S. Citizen and 21 or older to petition for their parent. The petitioner must file a separate Form I-130 for each eligible relative.

 

The petitioner cannot file for an adoptive parent if the adoption took place after the petitioner’s 16th birthday, or if the petitioner has not been in the legal custody and living with the parent(s) for at least 2 years prior to the filing of the petition. If the U.S citizen petitioner gained permanent resident through adoption, that person cannot petition for a natural parent. The petitioner cannot file for a stepparent if the marriage that created the relationship took place after the child’s 18th birthday.

 

To corroborate the petitioner’s U.S. citizen status, a copy of the petitioner’s birth certificate should be filed. The petitioner may also show a copy of the petitioner’s naturalization certificate or certificate of citizenship, a copy of an unexpired U.S. passport or an original statement from a U.S. consular officer verifying that the petitioner is a U.S. citizen with a valid passport.

 

To demonstrate the existence of a relationship between the petitioner and his mother, it is necessary to submit a copy of the petitioner’s birth certificate showing the petitioner’s name and the mother’s name. To prove family relationship between the petitioner and his father, the petitioner must submit a copy of the birth certificate showing the petitioner’s name and the name of both parents. The petitioner must also show a copy of the petitioner’s parents’ marriage certificate to establish that the petitioner’s parents were married before the petitioner was born. The petitioner must show also copies of documents showing that any previous marriages of the petitioner’s father or mother were legally terminated.

 

To petition for a stepparent, the petitioner must show a copy of the marriage certificate between the stepparent and the petitioner’s natural parent showing that the marriage occurred before the petitioner was 18 years old, and copies of documents showing that any prior marriages were legally terminated, as well as a copy of the petitioner’s birth certificate.

 

The filing fee for the Form I-130 is $420. Filing immigration documents can be tricky and confusing. It is important to seek help from an immigration attorney.

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