Can the parents of U.S. Born children become permanent residents?

Published: November 10, 2021

No matter how short or long the distance between family members is, living apart is always challenging. Family visa lawyers often recommend that individuals already living in the United States (U.S.) to acquire American citizenship, if eligible, and gradually petition for their loved ones, especially their children, spouse, or even parents.

There are several legal angles to consider when sponsoring immediate family members of U.S. citizens. Becoming a U.S. citizen in the first place can already be a complicated process, that is why always seek the guidance of a visa attorney. Refrain from acting on your own and endanger your chances of a smoother and successful immigration process.

How Children Become US Citizens

Under U.S. immigration laws, there are three primary ways for a non-U.S. citizen to become a full-fledged U.S. citizen. Most family visa lawyers would answer that these options refer to biological relationships, naturalization, and being born within U.S. borders.

The first option is the effect of the “jus sanguinis” principle. Any child whose father or mother is a U.S. citizen also acquires U.S. citizenship. Being an immediate relative of a U.S. citizen grants one an eligibility to become a U.S. citizen.

The next option is naturalization where eligible individuals submit formal applications and pay filing fees to the U.S. Citizenship and Immigration Services (USCIS). They must also prepare for an interview with a USCIS officer. Once their application is approved, successful candidates take their Oath of Allegiance, as a final step before becoming a full-fledged American citizen.

The final option is through the Child Citizenship Act. This law enables a non-U.S. citizen child to acquire U.S. citizenship after being born within U.S. borders. This unique situation allows a child to obtain U.S. citizenship without a family visa. Unlike in the first two options, applicants do not need U.S. citizen relatives because being born in the US suffices the requirement to become a U.S. citizen.

Can the Parents of US-Born Children Become Permanent Residents?

As said earlier, it is more common for parents to petition their children to acquire immigration-related benefits. Still, it is also possible for the situation to be the other way around. For example, in the case of children born in the U.S., they may petition their parents to become Green card holders.

After becoming a U.S. citizen, the child now acquires special rights and privileges. One of which is the ability to sponsor family members. The family visa requirements for this category will be different. Coordinate with a trustworthy family visa lawyer to learn more about this process.

If a parent is eligible, they may petition for permanent residency and gain access to U.S. borders. As permanent residents, they may stay in the country longer and seek legal employment. If you are staying around Los Angeles, ALG Lawyers has a qualified team of immigration attorneys. You can feel confident that we can offer well-thought solutions to your legal concerns.

Conditions on Children as Sponsors

Children eligible to become U.S. citizens or those who have already unlocked U.S. citizenship may sponsor their parents’ green cards. However, U.S. immigration laws have specific protocols that petitioners should follow carefully. The best and safest option for non-lawyers and immigration experts would be to contact a family visa attorney.

The most notable requirement for children born in the US to petition their parents would be reaching the age of majority or turning at least twenty-one (21) years old. Also, petitioners should know the difference between U.S. citizens and Green card holders. Green card holders may not petition their parents to live permanently with them in the U.S.

The USCIS categorized parents who may be eligible to be a beneficiary of U.S. Citizens for Green card application. Here is a summary:

• Mother or father who lives outside the U.S.
• Illegitimate father who lives outside the U.S.; the petitioner was not legitimated by their father before turning 18.
• Illegitimate father who lives outside the U.S.; the petitioner was legitimated by their father before turning 18.
• Step-parents.
• Adoptive parents.

If the petitioner or their parent’s name changed due to marriage, divorce, adoption, court judgment of name change, and other circumstances, proof of the legal name change would be necessary.

General Process

Please know that petitioning for your parents is an in-depth process. There will be some that may need further explanations and research. As such, the following paragraphs will only discuss the general procedure to give you an overview of what you and your parents may have to go through.

Application

Petitioners must fulfill numerous forms and attach required documents. Always be thorough with every submission. A single mistake may prompt the USCIS to reject your application.

Notification from the USCIS

The USCIS will send a written notice announcing the approval or denial of your application. Always wait for the agency’s official correspondence before taking legal action.

Receipt of Green Card

Once approved, petitioners may now receive their Green cards. This certification proves that they are officially permanent residents of the U.S..

Benefits

Green card holders may enjoy most of the benefits afforded to U.S. citizens. Notably, parents of U.S.-born children who acquired green cards may work within the country without the need to apply for an employment authorization permit or work permit.

In case of denial, it is still possible to appeal the USCIS’ decision. In this situation, ALG Lawyers can immediately act on your case and provide you with the necessary report. Our family visa lawyers can help explain the situation and determine the most appropriate solution.

Reliable Family Visa Lawyers in Los Angeles, CA

Petitioning for your parents involves a long list of family visa requirements. Non-experts may have trouble understanding the documents, their effects, and the processes that connect them. Working with seasoned family visa lawyers will be worth it, especially if they are as hardworking as the members of the ALG Lawyers.

In a way, our line of work is about fulfilling the dreams and needs of families. We understand the pressure this responsibility entails, so we equip ourselves with the knowledge and skills to deliver results that do not disappoint. Therefore, you can expect consistency, timeliness, and dedication in all our work.