Green Cards: Parents

PARENTAL ADJUSTMENT OF STATUS (Green Card) and
CONSULAR PROCESSING

Adjustment of Status (When the Parent is in the United
States)

Parents of a U.S. citizen are immediate relatives and their ability
to obtain an immigrant visa is not restricted by numerical
limitations. Under the immigration laws, there are only a certain
number of immigrant visas available for different classes of
immigrants (the preference categories).

An individual’s ability to apply for lawful permanent residence is
determined by their “priority date.”

For immediate relatives of U.S. citizens, these restrictions do not
apply. If the U.S. citizen child is over the age of 21, he or she may
file an immediate relative petition as a “one step” application
which would include the Form I130 (Petition for Alien Relative)
the beneficiary’s Form I-485 (Adjustment of Status Application).

In order to take advantage of this process, the parent of U.S.
citizen must be in the U.S., and have proof of lawful entry
(generally in the form of a Form I94 issued upon entry).

The parent must show that he or she is admissible to the United
States and not deportable.

The burden of proof is on the petitioner to demonstrate that
there is a family relationship.

If the petitioner or beneficiary does not have a birth certificate or
other proper documentation, the petitioner should consult an
immigration attorney to determine appropriate documentation
that is in accordance with the guidelines determined by the U.S.
Department of State.

In situations where a U.S. citizen wishes to have a parent, who
has entered the U.S. with a visitor’s visa, reside permanently in
the U.S., the U.S. citizen and the parent must be aware of the
legal concept of nonimmigrant intent.

Those who enter the U.S. as a visitor is understood to hold the
intent to return to their home country before the designated
period of stay expires. If a visitor takes steps to become a lawful
permanent resident, the U.S. Citizenship and Immigration
Services (USCIS) may perceive that to be contrary to the intent
represented, and determine that the visitor has violated the
terms or his or her stay.

Consequently, the USCIS may find that the visitor committed
misrepresentation, which is a serious violation of immigration law,
and deny the application.

Generally, the USCIS will scrutinize, among other factors, the
timing of the steps taken by the parent to become a lawful
permanent resident. As a result, it is very important that those
wishing to apply for adjustment of status based on a family
relationship consult an immigration attorney.

Consular Processing (When the Parent is residing abroad)

Alternatively, if the parent of a U.S. citizen is residing abroad, the
U.S. citizen may file a Form I130. This is the first step of the
immigrant visa process. When the USCIS approves the I130
petition, the approval notice is forwarded to the Department of
State’s National Visa Center. Depending upon the beneficiary’s
country, the National Visa Center will issue a packet of
documents and process the initial forms.

After the petitioner completes these documents the National Visa
Center will forward the case to the appropriate U.S. consulate. If
the parent is granted an immigrant visa, he or she will enter the U.
S. as a lawful permanent resident unless the Port of Entry Officer
makes a determination that the Immigrant Visa was improperly
granted.

After 9/11, this process has become more frustrating for many
applicants because consular and USCIS procedures have
changed frequently.

Furthermore, consulates may issue a denial if there is an error or
omission in the application, or if the applicant did not meet the
regulatory guidelines in providing the necessary supporting
documentation.

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