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  • To File For Your Parent the Petitioner Must Be

    1. A U.S. Citizen
    2. At Least 21 Years Old at the Time of Filing.
    3. A Child Under INA §101(B)(1)
    4. Continue To Be A Child.
    green card for a parent

    The Petitioner Should File

     

    What documents do you need to show that you are a U.S. citizen?

    • A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing that you were born in the United States;
    • A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former Immigration and Naturalization Service (INS);
    • A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate;
    • A copy of your unexpired U.S. passport; or
    • An original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.

    What documents do you need to prove family relationship?

    A mother:

    • A copy of your birth certificate showing your name and your mother’s name;
    • You also need to show all the name changes so you can trace back to the names on the birth certificate.

    A father:

    • A copy of your birth certificate showing the names of both parents;
    • A copy of your parents’ marriage certificate establishing that your father was married to your mother. If either your mother or father were previously married, submit copies of documents showing that each of the prior marriages was legally terminated.

    A father who had a child born out of wedlock.

    • A copy of your birth certificate;
    • Evidence that you were legitimated before you reached 18 years of age OR
    • Evidence that a bona fide parent-child relationship existed between you and the father before you reached 21 years of age.

    Stepparent

    • A copy of your birth certificate;
    • A copy of the marriage certificate of the stepparent to your natural parent showing that the marriage occurred before the you turned 18 years of age,
    • copies of documents showing that any prior marriages were legally terminated (if applicable).

    Adoptive parent:

    • A copy of your birth certificate;
    • A copy of the adoption decree showing that the adoption took place before you turned 16 years of age.

    Q&A

    Q: My stepfather and my mother are now divorced. Can I still petition for my stepfather who raised me?

    No. You stepfather is no longer eligible for classification as a parent, even though at some point he was your parent.

    Q: Is there a limit to the number of petitions a person can file?

    There is no limitation on the number of parents for whom a single petitioner may file visa petitions. For example, if the (alien) natural parents of the petitioner divorced and both remarried other aliens prior to the petitioner’s 18     th     birthday, the petitioner could file petitions for his natural mother, his natural father, his stepmother and his stepfather.

     Q: What happens when my petition is approved?

    The USCIS will also send Form I-797, Notice of Approval of Relative Immigrant Visa petition, to the petitioner and his attorney
    The approved petition will be forwarded to the National Visa Center (NVC) so that it may be processed and then forwarded to the embassy or consulate where the beneficiary will apply for an immigrant visa if the alien is outside the U.S.

     Q:Can I include the wife of my father who is not my mother in my petition?

    There are no provisions in the law for issuance of a visa to a dependent spouse or child of a parent of U.S. citizen. If your father got married before your 18th birthday you can apply for your stepmother on a separate petition.

    If your father’s wife does not qualify as a stepmother, you father should file a petition for his wife once he becomes a lawful permanent resident. This means that they cannot immigrate together.

    Q:Can I include my sister in my mother’s petition?

    Unfortunately, no. There are no provisions in the law for issuance of a visa to a dependent child of a parent of U.S. citizen. Your mother would need to file a petition for her child once she becomes lawful permanent resident of the U.S.

    Q:I was adopted when I was 14 years old. Can I now petition for my natural parents?

    No, an adopted child cannot petition for his or her natural parent because natural parent no longer has the status of parent of the adopted child for immigration purposes