Green Card Immediate Relative of U.S. Citizens

Frequently Asked Questions
1. Immediate Relative of US Citizens Overview
3. FAQ

1. Who may petition for their parents to live in the U.S. as lawful permanent resident?

Only U.S. citizens are eligible to petition for their parent(s) to live permanently in the U.S. A U.S. citizen must be at least 21 years of age to petition for a parent. Lawful permanent residents may not bring their parents to live permanently in the U.S.

2. I am a U.S. citizen. How do I petition for my mother?

If you are applying to bring your mother to live in the U.S., you must file the following with the U.S. Citizenship and Immigration Services:

  • Form I-130, Petition for Alien Relative
  • A copy of your birth certificate showing your name and your father’s name
  • If you were not born in the U.S., a copy of either
    1. Your Certificate of Naturalization or Citizenship, or
    2. Your U.S. passport

    Note: If you have been legally adopted, you may not petition for your birth parent.

OR

CHECK MY ELIGIBILITY

3. How do I petition for my father? I was born in wedlock?

If you are applying to bring your father to the U.S. to live, you must file the following with the U.S. Citizenship and Immigration Services:

  • Form I-130, Petition for Alien Relative
  • A copy of your birth certificate showing your name and your father’s name
  • If you were not born in the U.S., a copy of either
    1. Your Certificate of Naturalization or Citizenship, or
    2. Your U.S. passport

    Note: If you have been legally adopted, you may not petition for your birth parent.
  • A copy of your parents’ civil marriage certificate
  • A copy of any divorce decrees, death certificates, or annulment decrees that would show that any previous marriage entered into by your mother or father was ended legally

Note 1: If your name or your father’s name is different from the name on your birth certificate, you must provide evidence of the legal name change.

Note 2: If you have been legally adopted, you may not petition for your birth parent

4. How do I petition for my father, I was born out of wedlock and not legitimated?

If you are applying to bring your father to the U.S. to live and you were born out of wedlock and were not legitimated by your father before your 18th birthday and while you were unmarried, you must file the following with the U.S. Citizenship and Immigration Services:

  • Form I-130, Petition for Alien Relative
  • A copy of your birth certificate showing your name
  • If you were not born in the U.S., a copy of either
    1. Your Certificate of Naturalization or Citizenship, or
    2. Your U.S. passport

    Note: If you have been legally adopted, you may not petition for your birth parent.
  • Evidence of the father-son/daughter relationship
  • Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21

Note 1: If anyone’s name has been legally changed (differs from the name on his or her birth certificate), evidence of the name change must be provided.

Note 2: If you have been legally adopted, you may not petition for your birth parent.

5. How do I petition for my father, I was born out of wedlock and not legitimated?

If you are applying to bring your father to the U.S. to live and you were born out of wedlock and were legitimated by your father before your 18th birthday and while you were unmarried, you must file the following with the U.S. Citizenship and Immigration Services:

  • Form I-130, Petition for Alien Relative
  • A copy of your birth certificate showing your name
  • If you were not born in the U.S., a copy of either
    1. Your Certificate of Naturalization or Citizenship, or
    2. Your U.S. passport

    Note: If you have been legally adopted, you may not petition for your birth parent.
  • Evidence that you were legitimated before your 18th birthday through
    1. The marriage of your birth parents, or
    2. The laws of the state or country where you live, or
    3. The laws of the state or country where your father lives

    Note: If you have been legally adopted, you may not petition for your birth parent.

Note 1: If anyone’s name has been legally changed (differs from the name on his or her birth certificate), evidence of the name change must be provided.

Note 2: If you have been legally adopted, you may not petition for your birth parent.

6. How do I petition for my stepparent?

If you are applying to bring your stepparent to the United States to live, you must file the following with the U.S. Citizenship and Immigration Services:

  • Form I-130, Petition for Alien Relative
  • A copy of your birth certificate showing your name and the names of your birth parents
  • If you were not born in the U.S., a copy of either
    1. Your Certificate of Naturalization or Citizenship, or
    2. Your U.S. passport

    Note: If you have been legally adopted, you may not petition for your birth parent.
  • A copy of the civil marriage certificate of your birth parent to your stepparent showing that the marriage occurred before your 18th birthday
  • A copy of any divorce decrees, death certificates, or annulment decrees that would verify the termination of any previous marriage(s) entered into by your birth parent or stepparent

Note: If anyone’s name has been legally changed (differs from the name on his or her birth certificate), evidence of the name change must be provided.

7. How do I petition for my adoptive parent?

If you are applying to bring your adoptive parent to the U.S. to live, you must file the following with the U.S. Citizenship and Immigration Services. If you have been legally adopted, you may not petition for your birth parents.

  • Form I-130, Petition for Alien Relative (if you are filing for both parents, you must file a separate petition for each parent)
  • AA copy of your birth certificate showing your name
  • If you were not born in the U.S., a copy of either
    1. Your Certificate of Naturalization or Citizenship, or
    2. Your U.S. passport

    Note: If you have been legally adopted, you may not petition for your birth parent.
  • A certified copy of the adoption decree, showing that the adoption occurred before your 16th birthday
  • A sworn statement showing the dates and places you have lived together with your parent

Note: If anyone’s name has been legally changed (differs from the name on his or her birth certificate), evidence of the name change must be provided.

8. I am a U.S. citizen mother. How do I petition to bring my son or daughter to the U.S.?

If you are a U.S. citizen applying to bring a child or son or daughter to the U.S. to live and you are the mother of the child, you must file the following with the U.S. Citizenship and Immigration Services:

  • Form I-130, Petition for Alien Relative
  • A copy of your birth certificate showing your name and your father’s name
  • If you were not born in the U.S., a copy of either
    1. Your Certificate of Naturalization or Citizenship, or
    2. Your U.S. passport

    Note: If you have been legally adopted, you may not petition for your birth parent.
  • A copy of the child’s birth certificate showing your name and the child’s name

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

9. I am a U.S. citizen father. How do I petition to bring my son or daughter to the U.S.?

If you are a U.S. citizen seeking permanent resident status for your stepbrother or stepsister and you were and/or your stepsibling was born out of wedlock, and you are related through your father, and the child born out of wedlock was legitimated, you must file the following items with the U.S. Citizenship and Immigration Services:

  • Form I-130, Petition for Alien Relative
  • A copy of your birth certificate or U.S. passport
  • If you were not born in the U.S., a copy of either
    1. Your Certificate of Naturalization or Citizenship, or
    2. Your U.S. passport

    Note: If you have been legally adopted, you may not petition for your birth parent.
  • A copy of the child’s birth certificate showing the child’s name and the names of both parents
  • A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)
  • A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
  • Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

10. I am an adoptive parent. How do I petition to bring my son or daughter to the U.S.?

If you are a U.S. citizen and the adoptive parent of a child or son or daughter who lived with you in your legal custody for two years while a child, you must file the following with the U.S. Citizenship and Immigration Services:

  • Form I-130, Petition for Alien Relative
  • A copy of your birth certificate or U.S. passport
  • If you were not born in the U.S., a copy of either
    1. Your Certificate of Naturalization or Citizenship, or
    2. Your U.S. passport

    Note: If you have been legally adopted, you may not petition for your birth parent.
  • A copy of the child’s birth certificate showing the child’s name
  • A certified copy of the adoption decree (the adoption must have taken place before the child reached the age of 16, with only one exception: if you adopted the child’s sibling who had not yet reached age 16, the older sibling must have been adopted before reaching the age of 18)
  • The legal custody decree if you obtained custody of the child before adoption
  • A statement showing the dates and places your child has lived with you, and proof that your child has lived with you and has been in your legal custody for at least two years

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

11. Where can I get the forms and fee information?

You may download the Forms using GreenCardPro’s free fillable forms service.

12. What happens after I file the petition?

If your immediate relative is currently in the U.S., he or she may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130, Petition for Alien Relative.

You will be notified by the USCIS if your I-130 petition is approved or denied. If it is approved and your immediate relative is outside the U.S., he or she will be notified to go to the local U.S. consulate to complete his or her Green Card Processing. If your parent is legally inside the U.S. and did not file the Form I-485 Application concurrently with your petition, he or she may file at this time.

13. How can I appeal if my petition is denied?

If the visa petition you filed for your immediate relative is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals.

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