U.S. immigration law allows sons and daughters, who are U.S. citizens ("USC") and over 21 years of age, to help their parent(s) gain lawful permanent resident ("LPR" or "green card holder") status in the U.S. Unfortunately, adult sons and daughters who are LPR's, cannot sponsor their parent. They must become U.S. citizens first. (Take a look at ourCitizenship page for more information.)
In order to sponsor a parent, a USC son or daughter must show that their parent-child relationship fits inside the limits set by immigration law. Given the great variety of parent-child relationships, not all of them do. To start, a parent must be the child's biological (genetic), adoptive, or step-parent. And since everyone's family is unique, each one of these factors always leads to more questions. For example:
if the parent is the child's father - was the father legally married to the child's other parent at the time the child was born?
if the parent is the child's step-parent- was she or he married to the child's natural parent before the child turned 18?
In all instances, if a person's parental rights were legally terminated then this person can no longer be considered a "parent "for purposes of immigration.For example, the biological parents of a child, who is legally adopted into another family, no longer fits the definition of "parent" that U.S. immigration uses. A step-parent, however, may continue to qualify as a parent after the death of or their divorce from the step-child's natural parent, but only under certain conditions.
A parent of a USC son or daughter may be able to "adjust status" in the U.S. instead of having to pursue an immigrant visa at a U.S. Embassy or Consulate. They are also not subject to annual visa caps (or a limit on how many of these visas are available). Their USC son or daughter, however, must apply for each of their parents through separate petitions. An individual parent's petition can not list any other relatives, such as children or spouses. For more information, Contact Us for an initial consultation.