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Practicing exclusively immigration law for individuals, families and businesses throughout the U.S. and the world

Parents

Petitioning for a Parent

A U.S. citizen who is at least 21 years old may petition for his/her parents' permanent residence (green card). A lawful permanent resident may not petition to bring for his/her parents.

A U.S. citizen's parent is an "immediate relative" and is immediately eligible for an immigrant visa when USCIS approves the petition. Generally, if the beneficiary-parent is in the U.S. (through a lawful admission or parole) at the time the petition is submitted the parent may submit his/her application to adjust status to permanent resident at the same time. If the beneficiary-parent is outside the U.S. s/he will process through the nearest U.S. consulate.

After USCIS approves the petition the approved petition is forwarded by the USCIS to the Department of State. The DOS will determine if an immigrant visa is available and will hold the petition until the immigrant visa is available based on the preference category and the Visa Bulletin. When the immigrant visa becomes available the DOS will forward the file to the U.S. consulate for the visa interview.

Petitioning for a Brother or Sister

A U.S. citizen over 21 years of age may petition for a brother or sister. A permanent resident may not petition for a brother or sister. To qualify as a brother or sister of a U.S. citizen, both the brother or sister and the U.S. citizen must have been children of the same parent.

LexisNexis Department of Homeland Security AILA This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ]