Child-to-Parent Family Petition in the United States: What you need to know

In the complex world of immigration, family ties play a crucial role. Thus, U.S. citizens have the privilege of applying for permanent residency for their parents through the child-to-parent family petition process.

In this article, Jaskot Law will explore the requirements and steps necessary to conduct a child-to-parent family petition in the United States in 2023, as well as some common frequently asked questions related to this process. Keep on reading!

If I am a U.S. citizen, can I file a child-to-parent family petition in the U.S.?

The short answer to this question is yes, you can do this through the program to bring parents to the United States. However, as with any immigration remedy or process, there are eligibility requirements and strict processes for doing so.

In addition to these requirements, it is important to understand that your actions inside or outside the country may affect the success of your application. This is why understanding how the resource works, the application process, and any relevant data is crucial.

General requirements for child-to-parent family petition

For U.S. citizens who wish to apply for permanent residency for their parents, there are certain requirements that must be met. Some of the most fundamental are the following:

U.S. Citizenship First and foremost, you must be a U.S. citizen to apply for family reunification for your parents. Permanent residents, however, do not have the right to petition their parents.

2. Relationship test You will need to provide solid evidence of their relationship with their parents. This includes birth certificates, marriage certificates, and other documents that prove your family relationship.

3. Age requirements To apply for your parents, you must be 21 years of age or older. On the other hand, there is no age limit for the parents you wish to sponsor.

4. Financial commitment As an applicant, you must demonstrate that you have the financial resources to support your parents once they arrive in the United States. This may involve showing evidence of stable employment, sufficient income, and adequate housing.

At Jaskot Law, we know how overwhelming it can be to make sure you meet these requirements. Therefore, our team is at your disposal to answer your questions and guide you through the turbulences of the immigration system.

Documentation required for family reunification

In addition to the general requirements for a child-to-parent family petition, each case is different and there are different variables. For each of them, specific documentation must be submitted.

Mother or father living outside the U.S.

In order to file a family petition for children of parents residing outside the United States, immigration law requires the following documents:

• Form I-130, Petition for Alien Relative.
• One (1) copy of the birth certificate of the applicant and the requested parent.
• One (1) copy of the applicant’s certificate of naturalization, U.S. passport or any document proving the applicant’s citizenship.
• A copy of the civil marriage certificate (only if reunification with the father is requested, as mothers are exempt from this requirement).

Unrecognized Children who were born out of wedlock

If you are a child not recognized by your father before your 18th birthday, and you were born out of wedlock, there are also specific requirements you must meet. Among them, you will need to have the following documents:

• Form I-130, Petition for Alien Relative.
• One (1) copy of your birth certificate that includes your name and your parents’ names.
• One (1) copy of a document proving your citizenship in the country or your U.S. passport.
• Evidence of an emotional or financial bond with your father before you were married or reached the age of 21.

Children recognized by the father who were born out of wedlock

On the other hand, if your father recognized you as a child, but your birth took place outside the United States, you must submit the following documentation:

• Form I-130, Petition for Alien Relative.
• One (1) copy of your birth certificate that includes both your name and your father’s name.
• One (1) copy of your U.S. citizenship certificate or passport, if you were not born in the United States.
• Present proof that you were recognized as a legitimate child before your 18th birthday. This evidence should include information on the laws of the state or country of origin of the recognition.

Petition to request stepparents

If you intend to bring your stepparent to the United States, you will need to submit the following documentation:

• Form I-130, Petition for Alien Relative.
• One (1) copy of your birth certificate showing the names of both biological parents.
• One (1) copy of your biological parent’s civil marriage certificate to your stepparent, showing that the marriage was entered into before your 18th birthday.
• One (1) copy of any legal documentation of divorce, death or marriage annulment confirming that your biological parent’s or stepparent’s marriage has been legally terminated.

Petition for adoptive parents

Finally, if you wish to file a family petition for children to adoptive parents in the United States, you must have the following documents:

• Form I-130, Petition for Alien Relative.
• One (1) certified copy of your birth certificate.
• One (1) certified copy of your certificate of citizenship or naturalization if you were not born in the United States.
• One (1) certified copy of the adoption certificate showing that the adoption process was completed before your 16th birthday.
• One (1) statement indicating the place and date you lived with your adoptive parent.

Navigating through this sea of information and the large number of documents can generate a lot of stress and uncertainty. You don’t need to do it alone, you can contact the team at Jaskot Law and take each step with security and accompaniment.

Step-by-step of the child-to-parent family petition

The process of the program to bring parents to the United States is complex. However, by following the following steps properly, you can achieve family unity:

Step 1 – Applicant Eligibility

Before beginning the process, it is essential that the applicant, the child seeking to be reunited with his or her parents, be a U.S. citizen and at least 21 years of age.

Step 2 – Document Preparation

Then, you must collect all required documentation relevant to your particular case-by-case. Submitting the documents correctly is important to increase the chances of success of the application.

Step 3 – Submission of the Request

Once all documents are prepared, the applicant must send the Form I-130 and supporting documents to the U.S. Citizenship and Immigration Services (USCIS) Center.

Step 4 – USCIS Review and Approval

USCIS will review the petition and, if complete and correct, it will approve the Form I-130. In case of missing information or documentation, USCIS may request additional information before approving the petition.

Step 5 – Processing at the National Visa Center (NVC)

Once USCIS approves the petition, it will be sent to the National Visa Center (NVC) for processing. The NVC will provide instructions on next steps, which include payment of fees and submission of additional documents, such as visa application forms and medical certificates.

Step 6 – Interview at the Embassy or Consulate

After completing the above steps, an interview will be scheduled with the parents at the U.S. embassy or consulate in their home country. During the interview, eligibility and authenticity of the family relationship will be assessed.

Step 7 – Immigrant Visa Approved

If the interview is successful and the immigrant visa is approved, the parents will be able to join the applicant in the United States as permanent residents.

Frequently asked questions about child-to-parent family petition

What if my parents are already living in the U.S. illegally?

If your parents are already residing illegally in the United States, applying for permanent residency can be complicated. Living in the country illegally can have legal consequences, including deportation.

In some cases, depending on the circumstances and the number of years in the country, immigration waivers may also be available. It is important to seek the advice of an immigration attorney, who can assess your situation and guide you on the steps to take.

If I am a U.S. citizen, what other family members can I petition for?

As a U.S. citizen, you can apply for permanent residency for several family members, which includes the following:

• Spouse and unmarried children under 21 years of age: They have immediate priority and the process is usually faster.
• Married children and unmarried children over 21 years of age: They have a preference category and the waiting time is longer.
• Siblings: They also have a preference category, but the process can take several years.

Can my parents work while their applications are pending?

Yes, they can work while their applications are pending. Once the Form I-130 is approved, your parents can apply for a Work Permit, also known as an EAD (Employment Authorization Document).

This document allows them to work legally in the United States while they are waiting for a decision on your family reunification application. Obtaining the EAD can be a vital process for maintaining financial stability during the immigration process.

Conclusion

The child-to-parent family petition in the United States is a process that can bring families together, but it can also be challenging. It is essential to be informed about the requirements and stages of the process to ensure that everything is done correctly.

Having the advice of a team of immigration lawyers can make this process smoother and less stressful for everyone involved. Do not hesitate to contact Jaskot Law to understand this process and achieve family unity in the country.

Sources

U.S. Citizenship and Immigration Services (USCIS) Center

Form I-130, Petition for Alien Relative

Frequently Asked Questions