Captain Ewok

To petition for your parents (mother or father) to live in the United States as Green Card holders, you must be a U.S. citizen and at least 21 years old. Green Card holders (permanent residents) may not petition to bring parents to live permanently in the United States. Eligibility The table below describes what steps you must take to petition depending upon your circumstances: If you are a U.S. Citizen who is at least 21 years old, and your… Then you must submit... mother lives outside the United States, Form I-130 A copy of your birth certificate showing your name and your mother’s name A copy of your Certificate of Naturalization or U.S. passport if you were not born in the United States father lives outside the United States, Form I-130 A copy of your birth certificate showing your name and the names of both parents A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States A copy of your parents’ civil marriage certificate father lives outside the United States and you were born out of wedlock and were not legitimated by your father before your 18th birthday, Form I-130 A copy of your birth certificate showing your name and your father's name A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21, whichever came first father lives outside the United States and you were born out of wedlock and were legitimated by your father before your 18th birthday, Form I-130 A copy of your birth certificate showing your name and your father's name A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States Evidence that you were legitimated before your 18th birthday through the marriage of your natural parents, the laws of your state or country (of birth or residence), or the laws of your father’s state or country (of birth or residence) petition is filed to bring your step-parent to live in the United States, Form I-130 A copy of your birth certificate showing the names of your birth parents A copy of the civil marriage certificate of your birth parent to your step-parent showing that the marriage occurred before your 18th birthday A copy of any divorce decrees, death certificates, or annulment decrees to show that any previous marriage entered into by your natural or step-parent ended legally petition is filed to bring your adoptive parent to live in the United States, Form I-130 A copy of your birth certificate A copy of your Certificate of Naturalization or Citizenship if you were not born in the United States A certified copy of the adoption certificate showing that the adoption took place before your 16th birthday A statement showing the dates and places you have lived together with your parent Note: If your name or your parent’s name has changed, please include proof of the legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.) After Filing Your Petition You will be notified by USCIS if your Form I-130 petition is approved or denied. If it is approved and your parent is outside the United States, he or she will be notified to go to the local U.S. consulate to complete visa processing. If your parent is currently in the United States, 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. Employment Authorization (Work Permit) Your parents do not need to apply for employment authorization (work permit) once they are admitted as an immigrant with their immigrant visa. If your parents are now outside the United States, they will receive a passport stamp upon arrival in the United States. This stamp will prove that they are allowed to work in the United States until their Permanent Resident Card is received. If your parents are in the United States and have applied to adjust to permanent resident status by filing Form I-485, they are eligible to apply for employment and travel authorization while their case is pending. Your parents should use Form I-765, Application for Employment Authorization and Form I-131, Application for Travel Document, to apply for travel authorization. The fee for Form I-485 also covers Form I-765 and Form I-131 until a decision is made on the application to adjust status. Note: If your parents have minor children abroad, those children (your siblings) cannot be sponsored on the same petition. After your parent becomes a permanent resident, he or she may file a new petition for any qualifying relative. My Petition was Denied: Can I Appeal? If the visa petition you filed is denied, the denial letter will tell you how to appeal and how much time you have to file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals.

How Do I Bring My Parents to Live in the United States? This information is for United States (U.S.) citizens who wish to bring their parents to live permanently in the U.S. Note: Lawful permanent residents may not petition to bring their parents to live permanently in the U.S. Overview of Immigration Process A legal immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a two-step process for your parent to become a legal immigrant. First, the USCIS must approve an immigrant visa petition that you file for your parent. Second, if your parent is outside the United States, your parent will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If your parent is legally inside the U.S., he or she may apply to adjust his or her status to that of a lawful permanent resident using the Form I-485. What Does the Law Say? The Immigration and Nationality Act is the law that governs the admission of all immigrants to the United States. For the part of the law concerning immigrant visas for parents, please see INA § 201 and INA § 204. The specific eligibility requirements and procedures for applying for immigrant visas and permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 204.1, 8 CFR § 204.2 and 8 CFR § 245. Who is Eligible to Sponsor a Parent? If you are a U.S. citizen and at least 21 years old, you are eligible to petition to bring your parents to live and work permanently in the United States. If you are a lawful permanent resident, you are not eligible to petition to bring your parents to live and work permanently in the United States. How Do I File the Petition? To find out how you can petition for your parent to live in the United States permanently, please refer to the Petitioning Procedures, which will help you identify what steps you need to take. How Can I Check the Status of My Visa Petition? To check the status of your visa petition, you will need to contact the USCIS office that received it. Can Anyone Help Me? If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to help you in applying for an immigration benefit.

This information is for United States (U.S.) citizens and lawful permanent residents who wish to petition for or "sponsor" their child to live permanently in the U.S. Please note that "child" has a specific definition when used in immigration. You can review this definition here. The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is defined as being unmarried and under 21, whereas if a person is married and/or over 21, that person is defined as a “son” or “daughter”. Eligibility Requirements If you are a... You may petition for... U.S. citizen Children (unmarried and under 21) Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition. Married sons and daughters (any age) - Your son or daughter’s spouse and/or child(ren) may be included on this petition. Permanent resident (Green Card holder) Children (unmarried and under 21) - Your child’s child(ren) may be included on this petition. Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition. A more detailed description of who is considered a "child" in the immigration process is given below. If you or your child, son or daughter currently serves in the U.S. military, see the Military section of the USCIS website. Required Documentation Form I-130, Petition for Alien Relative (signed with proper fee) Evidence of your U.S. citizenship: A copy of your U.S. birth certificate OR A copy of your unexpired U.S. passport OR A copy of Consular Report of Birth Abroad OR A copy of your naturalization certificate OR A copy of your certificate of citizenship If you are a permanent resident, you must demonstrate your status with: A copy (front and back) of Form I-551 (Green Card) OR A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence. If your name or your child’s name has changed, proof of legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.) Proof of relationship (see chart below for case-specific requirements) If you are the... You must also submit... Genetic mother or a non-genetic legal gestational mother A copy of your child’s birth certificate issued by civil authorities Genetic father A copy of your child’s birth certificate issued by civil authorities A copy of your marriage certificate to the child’s or a genetic or legal gestational mother If you and/or the genetic or legal gestational mother are no longer married, you must also submit evidence of the legal termination of that marriage through death, divorce, or annulment. If you never married the child’s mother before the child turned 18: If the law of your or your child’s residence considers the child legitimated, you do not need to provide additional information If your child is not legitimated under the law, you must submit evidence that you established a bona fide father-child relationship prior to the child turning 21 or marrying. This should be evidence of emotional and/or financial involvement in the child’s life. Step-parent (step-mother or step-father) A copy of your step-child’s birth certificate issued by civil authorities A copy of your civil marriage certificate to your step-child’s genetic or legal gestational parent Proof of the legal termination of all previous marriages for you and/or the genetic parent or legal gestational mother (divorce decree, death certificate, annulment decree) Adoptive parent (adoptive mother or adoptive father) Copy of child’s original birth certificate Copy of the final adoption decree Evidence that you had 2 years of legal custody (this could have been awarded by a court prior to the final adoption decree) Evidence that you had 2 years of physical custody (this means time during which the child was living with you and you were exercising primary parental control) Filing for Your Relative Who Lives in the United States If you are a... Then... U.S. citizen petitioning for your child (unmarried and under 21) Your child may file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time that you file Form I-130 U.S. citizen petitioning for your son or daughter (married and/or 21 or over) You file Form I-130. Your son or daughter files Form I-485 when a visa becomes available. See the Visa Bulletin and Green Card pages. Permanent resident (Green Card holder) petitioning for your child, son, or daughter You file Form I-130. Your child, son, or daughter may file Form I-485 when a visa becomes available. See the Visa Bulletin and Green Card pages. Filing for Your Relative Who Lives Outside the United States If your child, son, or daughter is outside the United States, you file Form I-130. The petition will be sent for consular processing after it is approved and a visa is available. The U.S. Embassy or consulate will provide notification and processing information. Conditional Residence and Removing Conditions If you are petitioning for a step-child and have not been married to the child’s genetic parent genetic or legal gestational mother for 2 years at the time the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status. Form I-751, Petition to Remove the Conditions on Residence is used to remove the conditional basis of permanent residence. (Note that Form I-90, Application to Replace Permanent Resident Card is NOT used for this purpose.) If your spouse and child became CPRs at the same time or within 90 days, the child can be included in your spouse’s petition. If the child became a permanent resident more than 90 days after your spouse, the child will need to file a separate Form I-751. Form I-751 must be filed within the 90-day period prior to the expiration date on the conditional resident card. If you fail to file during this time, your spouse and/or your child’s status will be terminated and they may be subject to removal from the United States. Who Is Considered To Be a "Child" in the Immigration Process? For immigration purposes, a child can be any of the following: A genetic child born in wedlock A genetic child born out of wedlock: If the mother is petitioning, no legitimation is required. If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence. If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried. A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of the child’s birth. A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18 An adopted child if the child was adopted before age 16 (or before their 18th birthday, if certain circumstances described on the Adoption-Based Family Petition Process or Adoption-Based Form I-130 Process page apply), AND the adoptive parent has satisfied 2-year legal custody and joint residence requirements. (The legal custody and joint residence do not have to be during the same time period, but each must be met for a cumulative 2-year period.) NOTE: Most adoption-based immigration occurs through the orphan or Hague processes. If you are considering pursuing the Adoption-Based Form I-130 Process, you should review certain eligibility considerations. See the Adoption pages for more information. Check the Status of Your Visa Petition To check the status of your visa petition, see the My Case Status page. Can my child come to the United States to live while the visa petition is pending? If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page. If you are a lawful permanent resident (Green Card holder) and you have filed Form I-130 for your child on or before December 21, 2000, your child may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see the V Nonimmigrant Visas page. For more information, visit the Adjustment of Status within the United States page and Consular Processing overseas page. My Petition was Denied: Can I Appeal? If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal may be sent to the Board of Immigration Appeals. Following-to-Join Benefits This section is for beneficiaries who became permanent residents through a preference classification. If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa. Your spouse and/or children may be eligible for following-to-join benefits if: The relationship existed at the time you became a permanent resident and still exists, AND You received an immigrant visa or adjusted status in a preference category. If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following: Form I-824, Application for Action on an Approved Application or Petition A copy of the original application or petition that you used to apply for immigrant status A copy of Form I-797, Notice of Action, for the original application or petition A copy of your Form I-551 (Green Card) If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485. If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Send your inquiry by e-mail to NVCInquiry@state.gov or by writing to the National Visa Center, ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.

This information is for United Stated (U.S.) citizens and lawful permanent residents who wish to bring their child(ren) to live permanently in the U.S. NOTE: If you are a US CItizen filing for a K1 or K3 Visa for your non-US fiance/spouse, and they have children, then they may bring them here under a K2/K3 Visa. The children automatically qualify fro the K2/K3 visa as derivitive status of their mom's K1/K3 status (you need only petition for your fiance/wife and list the children on that petition in the relavent blanks). Definition of a Child The immigration law defines a 'child' as an unmarried person under the age of 21 (a minor) who is A child born to parents who are married to each other (born in wedlock) A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18 A child born out of wedlock (the parents were not married at the time the child was born). Note: If the father is filing the petition, proof of a bona fide (real and established) relationship with the father must be supplied. An adopted child if the child was adopted before the age of 16 and has lived with the adoptive parent(s) in their legal custody for at least two years An orphan under the age of 16 when an adoptive or prospective adoptive parent files a visa petition on his or her behalf, who has been adopted abroad by a U.S. citizen or is coming to the U.S. for adoption by a U.S. citizen, or A child adopted who is under the age of 18 and the natural sibling of an orphan or adopted child under the age of 16, if adopted with or after the sibling. The child must also otherwise fit the definition of orphan or adopted child Definition of a Son or Daughter An unmarried 'son or daughter' is a person who was once a 'child' but who is now 21 years of age or older. A 'married son or daughter' is a person who has a recognized parent-child relationship, but who is also married, regardless of age. Overview of Immigration Process A legal immigrant (or 'lawful permanent resident') is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your child or son or daughter to become a legal immigrant. 1. You must obtain USCIS approval of an immigrant visa petition that you file for your child, son or daughter. 2. The State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required. 3. If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child or son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485. What Does the Law Say? The Immigration and Nationality Act is the law that governs the admission of all immigrants to the United States. For the part of the law concerning immigrant status for children, sons, and daughters, please see INA § 202, INA § 203 and INA § 204. The specific eligibility requirements and procedures for qualifying for immigrant visas and permanent residence are included in the Code of Federal Regulations (CFR) at 8 CFR § 204.1, 8 CFR § 204.2, 8 CFR § 204.3 , and 8 CFR § 245. Who is Eligible to Be a Sponsor? A U.S. citizen may petition for: A child (unmarried and under 21 years of age) An unmarried son or daughter ( 21 years of age and older) A married son or daughter of any age A U.S. citizen's unmarried, minor child is considered an immediate relative, does not need a visa number, and is eligible to receive an immigrant visa immediately. Otherwise, sons and daughters of U.S. citizens will be eligible for a visa when their priority date is listed on the Department of State's Visa Bulletin . If your unmarried, minor child was admitted or paroled into the U.S., he or she may file the Form I-485, Application to Register for Permanent Residence or Adjust Status, at the time you file your Form I-130, Petition for Alien Relative. A lawful permanent resident may petition for: A child (unmarried and under 21 years of age) An unmarried son or daughter ( 21 years of age and older) A lawful permanent resident may not petition for a married son or daughter. If you had children before you became a permanent resident and you did not immigrate as an immediate relative of a U.S. citizen, your unmarried, minor children may be eligible to receive following-to-join benefits. This means that you do not have to submit a separate USCIS Form I-130 (Petition for Alien Relative) for your children, and your children will not have to wait any extra time for a visa number to become available. See the Petitioning Procedures for more information on following-to-join benefits. Otherwise, children of LPRs will be eligible for a visa when their priority date is listed on the Department of State Visa Bulletin. How Do I File the Petition? To petition for your child, son, or daughter to live in the United States permanently you should file a form I-130, Petition for Alien Relative. To find out how to file this petition, please see Petitioning Procedures, which will help you identify what you need to do. How Can I Check the Status of My Visa Petition? To check the status of your visa petition, you can check the processing times for the location you filed. Can Anyone Help Me? If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to help you in applying for an immigration benefit. Note: For complete and always up to date information we always recommend you visit www.uscis.gov.

Adjustment of Status (AOS) is the process by which a non US Citizen petitions the USCIS to become a Permanent Resident of the United States. To qualify the non US Citizen must reside within the United States and meet certain criteria as outlined on the I-485 Form instructions provided by the USCIS. Petitioning for Adjustment of Status can take several months to over a year and will require biometrics to be taken and a formal interview at a local USCIS office. If the person petitioning is the Spouse of a US Citizen then the immigration officer conducting the interview will require proof of a valid marriage as part of their processing. While a petitioner's Adjustment of Status application is being processed many people also file for (or co-file with their AOS) an Employment Authorization Document and Advance Parole allowing them to work and travel to and from the United States prior to their AOS application process being completed. [NOTE: The same acronym AOS is used to refer to the I-864 Affidavit of Support form.] Additional Reading: Adjustment of Status for K1 and K3 Visa Holders K1 Visa Adjustment of Status Tips Adjustment of Status Tips for various Visa Types K1 Visa Adjustment of Status FAQs K3 Visa Adjustment of Status FAQs