When a U.S. citizen turns 21, he or she acquires the right to apply for permanent residency for his or her parents. This is a process known as a Family-Based Petition and one of the options offered by U.S. immigration law to keep families together.
This process can be a complex one and the path can be filled with paperwork and documentation to submit, which can often be overwhelming. In this article, Jaskot Law will tell you all about the process and how the petition of a citizen son to his mother is done.
Family reunification: What is it and who qualifies for it?
Family reunification is one of the legal ways in which U.S. immigration law prevents the dissolution of families and allows them to bet on a better future in the country. This process allows U.S. citizens and lawful permanent residents to bring immediate family members from other countries to the United States.
This process is carried out through a preference grading system based on preference grading. Immediate relatives, including spouses, children under the age of 21 and parents of U.S. citizens, are given priority. The petition is filed through Form I-130 with the U.S. Citizenship and Immigration Services (USCIS).
Is it possible for a son to petition his mother?
Due to the complexity of the immigration process, many people may wonder if it is possible for a son to petition for his mother, and the answer is: yes. However, in order to do so, the child must be a U.S. citizen and at least 21 years of age.
The request must be processed under the immediate family preference categoryThe petitioner and the beneficiary must meet all the necessary requirements, such as demonstrating that the petitioner has the financial means to support the person being sponsored, or that the person being petitioned passes a medical and criminal background check.
Requirements to petition for a mother
In order to request a petition from a citizen son to his mother, there are certain requirements that both individuals must meet in order to successfully complete the process. These requirements are clearly defined by the United States Citizenship and Immigration Services (USCIS) and include more than just submitting all relevant documentation, such as proof of filial relationship, financial ability to support the petitioner, being over 21 years of age, among others.
What documents are necessary to request a family-based petition from a citizen son to his or her mother?
To request a petition from a son to his mother in the United States, it is necessary to provide relevant documents to the U.S. Citizenship and Immigration Services, such as the ones listed below:
- Form I-130
- Copy of the birth certificate of the citizen son.
- Copy of the mother’s birth certificate.
- Copy of naturalization certificate or U.S. passport.
- Evidence of family relationship.
Is it possible to petition for a stepmother?
U.S. Immigration Law provides that it is possible to petition for a stepparent as long as certain requirements are met. According to INA, a stepmother may be considered a “parent” if the marriage relationship between the stepmother and the biological father began before the child’s 18th birthday. The petitioner must be a U.S. citizen and must be able to provide the following documentation:
- Form I-130
- Copy of the birth certificate of the citizen son, with the name of both biological parents.
- Copy of the marriage certificate of the biological father with his stepmother. It is necessary to prove that the event occurred before the child reached 18 years of age.
- Copy of proof of divorce, annulment, or death documentation. It is necessary to have a document proving that the marriage between the biological parents is terminated.
What if the mother lives outside the United States?
If the mother of a U.S. citizen son resides outside the United States, the process of petitioning for her requires a different approach. First, the citizen son must file Form I-130, Petition for Alien Relative with the U.S. Citizenship and Immigration Services (USCIS).
Once the Form I-130 is approved, the case moves to the Department of State for scheduling an interview at the U.S. embassy or consulate in the country where the mother currently resides. During this time, background checks and medical examinations must also be completed.
What happens if the mother enters the United States illegally?
U.S. immigration law punishes illegal entry and if a mother enters the U.S. illegally, her immigration status can complicate the situation, and even result in deportation. If the U.S. citizen son is over 21 years of age, he or she may petition for his mother. However, this does not guarantee her immediate legal status, as the mother may be penalized with a re-entry ban for having been in the country illegally.
Steps to initiate a citizen son’s petition to his mother
Initiating the petition of a citizen son to his mother is a process that requires seriousness and attention to detail, among the steps to follow to carry out the process are the following:
STEP 1: Verification of eligibility under the immediate family category.
STEP 2: File Form I-131 with USCIS, along with the filing fee and supporting documentation.
STEP 3: Wait for review and resolution of your case. USCIS will provide you with a notice with your case number after receiving your documentation.
STEP 4: If your application is approved, USCIS will notify the mother who resides outside of the United States to go to the nearest consulate, or if the mother resides in the United States, she will be advised to file a Form I-485 to process her Adjustment of Status.
STEP 5: Send your documents to the National Visa Center (NVC).
STEP 6: Perform the relevant medical examinations and prepare for the interview at the embassy or consulate.
STEP 7: Wait for the results of the visa petition to plan your trip to the United States.
Is it possible to petition for my adoptive mother?
A U.S. citizen son may petition for his adoptive mother to travel to the United States as long as the requirements set forth by USCIS are met. Among these requirements, it is essential that the following documents are available for presentation:
- Form I-130
- Copy of the birth certificate of the citizen son, with the name of both biological parents.
- Copy of the child’s U.S. citizenship or passport.
- Certified copy of the adoption certificate, before the child reached 16 years of age.
Can my mother work while the Green Card application is pending?
The mother of a U.S. citizen may work while her Green Card application is pending. To do so without authorization, she must have an immigrant visa, otherwise, she must obtain a Work Permit or Employment Authorization Document from USCIS.
If the mother is outside the United States, she will receive a stamp as soon as she enters the country that will allow her to work while her Green Card is pending. Likewise, if you have filed your application for Adjustment of Status, you will be allowed to work while it is in process.
Timelines in the Petition of a Citizen Son to his Mother
When filing a petition from a citizen son to his mother, it is crucial to understand the timelines involved in this process. An estimate for the family petition is 11 to 25 months, or longer. This may vary depending on several factors, including the immigration status of the petitioner’s mother, the USCIS workload, or the geographic location of the petitioner.
In this case, it is always advisable to have an experienced immigration attorney who can guide you through the process, and to check the status of your case on the official website of the U.S. Citizenship and Immigration Services.
Frequently Asked Questions
Who can petition a mother for permanent residence in the United States?
A U.S. citizen over the age of 21 may apply for permanent residency for his or her mother. This process is known as a Family-Based Petition and is an option offered by U.S. immigration law to keep families together.
What documents are needed to request a family petition from a child to his or her mother?
Documents required for this application include Form I-130, copy of the citizen child’s birth certificate, copy of the mother’s birth certificate, copy of the naturalization certificate or U.S. passport, and evidence of family relationship.
Is it possible to petition a mother living outside the United States?
Yes, it is possible. However, the process requires a different approach. Once the Form I-130 is approved, the case moves to the Department of State for scheduling an interview at the U.S. embassy or consulate in the country where the mother currently resides.
What requirements must a son meet to petition his mother?
To file a family petition, the child must be a U.S. citizen and at least 21 years of age. In addition, you must demonstrate that you have the financial means to support the person being sponsored.
Ana Aguirre Santos is an advanced student of the National Sworn Translator’s Degree in English at the National University of Córdoba (Argentina) where she specializes in legal and commercial translation. She has worked as a translator and copywriter for several websites, creating relevant and reliable content for a variety of users.
