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Can a US Citizen Child Petition Their Parent?

Immigration Law Blog / By

As an immigration attorney, I often receive inquiries from US citizen children who wish to bring their parent to the United States. Fortunately, there are certain circumstances under which a US citizen child can petition for their parent to obtain a green card.

The first and most important eligibility requirement is that the US citizen child must be at least 21 years old. Additionally, the parent must meet certain criteria, including having a qualifying relationship with the US citizen child and being eligible for a green card.

Some of the most common situations in which a US citizen child can petition for their parent include:

  1. The parent entered the US legally: If the parent entered the US on a valid visa or with proper documentation, they may be eligible to adjust their status to that of a lawful permanent resident (green card holder) if they are the parent of a US citizen child.
  2. The parent has a previous petition approved prior to April 30, 2001: If the parent had a petition for an immigrant visa or adjustment of status approved prior to April 30, 2001, they may be eligible to adjust their status under Section 245(i) of the Immigration and Nationality Act, even if they entered the US without proper documentation.
  3. The child is an active duty member of the US military: If the US citizen child is an active duty member of the US armed forces, they may be able to petition for their parent to obtain a green card, even if the parent is not in the US.
  4. The parent is a battered spouse or child: If the US citizen child’s parent is the victim of domestic violence, they may be eligible for a green card under the Violence Against Women Act (VAWA).

It is important to note that these are just some examples of situations in which a US citizen child can petition for their parent. Each case is unique, and it is essential to consult with an experienced immigration attorney to determine eligibility and to navigate the application process.

If you are a US citizen child looking to bring your parent to the United States, do not hesitate to reach out to my office for guidance. We offer free consultations and would love to help you.