By: Law Offices of Daniel Shanfield February 15, 2024

What Documents Do I Need To Sponsor My Parents?

What Exactly is Parent Sponsorship?

Parent sponsorship is a pathway for U.S. citizens and permanent residents to bring their foreign-born parents to the United States to live permanently. This process involves the sponsor, who must be at least 21 years old, petitioning for their parents to receive a Green Card, officially known as a Permanent Resident Card. Through parent sponsorship, the sponsored parents can live, work, and study in the U.S. permanently and may eventually choose to apply for U.S. citizenship. The process underscores the importance of family reunification in U.S. immigration policy, enabling families to live together in the United States.

Categories Of People Eligible For Family Immigrant Visas

Family immigrant visas are a cornerstone of U.S. immigration policy, prioritizing the reunification of families. The U.S. Department of State categorizes family immigrant visas into two primary groups: immediate relatives and family preference categories. Here’s an overview of the categories of people eligible for family immigrant visas:

Immediate Relatives

Immediate relatives of U.S. citizens have special immigration priority and are not subject to the numerical limitations that apply to other family-based immigrants. This category includes:

Spouses of U.S. Citizens: Partners married to U.S. citizens.
Children of U.S. Citizens: Unmarried individuals under 21 with at least one U.S. citizen parent.
Parents of U.S. Citizens: The U.S. citizen must be 21 years or older to sponsor a parent.
Adopted Children: Conditions apply, including finalizing the adoption before the child turns 16 and meeting certain residency requirements.

Family Preference Categories

These categories are for specific, more distant family relationships with U.S. citizens and some specified relationships with lawful permanent residents (LPRs or Green Card holders). They are subject to numerical limitations, meaning there is a cap on the number of visas issued annually, often resulting in waiting periods for visa availability. The family preference categories include:

First Preference (F1): Unmarried sons and daughters of U.S. citizens and their minor children, if applicable.
Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (21 years of age and older) of LPRs.
- F2A: Spouses and minor children of LPRs.
- F2B: Unmarried sons and daughters (21 years of age and older) of LPRs.
Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children.
Fourth Preference (F4): Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older), and their spouses and minor children.

Special Categories

In addition to these primary categories, there are special categories that apply to certain individuals under U.S. immigration law, including, but not limited to, battered spouse or children (VAWA), a fiancé(e) (K-1 visa), and certain employees of the U.S. government abroad.

Eligibility for family immigrant visas requires careful consideration of these categories. Applicants must meet specific criteria and follow the established legal and procedural steps to apply and be considered for a visa.

What Documents Do I Need To Sponsor My Parents?

Here is a comprehensive list of the documents you’ll need to gather to sponsor your parents:

1. Form I-130, Petition for Alien Relative

This form establishes the relationship between you (the sponsor) and your parents. You’ll need to complete Form I-130 for each parent you’re sponsoring.

2. Proof of Your U.S. Citizenship

You must provide documentation proving your U.S. citizenship, such as a birth certificate (if you were born in the United States), a naturalization certificate, a passport, or a certificate of citizenship.

3. Evidence of Your Relationship with Your Parents

To sponsor your parents, you need to prove your relationship to them. This typically includes your birth certificate listing your parents’ names.

4. Form I-864, Affidavit of Support Under Section 213A of the INA

The Affidavit of Support confirms that you have the financial means to support your parents in the United States. You’ll need to demonstrate that your income, including your parents, is at least 125% above the Poverty Guidelines for your household size.

5. Proof of Your Financial Stability

Along with Form I-864, you must provide your federal income tax returns for the last three years, W-2s, and other evidence of income. This documentation shows you can financially support your parents.

6. Additional Supporting Documents

Depending on your situation, you may need to provide additional documents. For instance, if you’re sponsoring a step-parent, you must provide your birth certificate and the marriage certificate between your biological parent and step-parent.

The Sponsorship Process

The sponsorship process for bringing your parents to the United States involves several critical steps and requires submitting various important documents. Here is a detailed overview of the sponsorship process:

1. Determine Eligibility

First and foremost, you must ensure you are eligible to sponsor your parents. To sponsor your parents, you must be a U.S. citizen and at least 21 years old. Permanent residents (Green Card holders) cannot sponsor their parents.

2. File the Petition

The process begins with the U.S. citizen child filing Form I-130, Petition for Alien Relative, for each parent they wish to sponsor. This form establishes the relationship between the sponsor and the parents. Along with the form, the sponsor must provide evidence of their U.S. citizenship and proof of the parental relationship (such as a birth certificate).

3. National Visa Center (NVC) Processing

Once the I-130 petition is approved by the United States Citizenship and Immigration Services (USCIS), the case is forwarded to the National Visa Center (NVC). The NVC plays a crucial role in the next steps of the process, including collecting visa application fees, forms, and the required supporting documents.

4. Visa Application and Interview

After NVC processing, your parents must fill out the visa application form, usually Form DS-260, Online Immigrant Visa Application. They will then be scheduled for an interview at the U.S. embassy or consulate in their home country. Preparing for the interview is critical, as this is a significant step in the process. Your parents must bring all required documents to the interview, including passports, photographs, medical examination results, and proof of financial support from you.

5. Affidavit of Support

As the sponsor, you must file Form I-864, Affidavit of Support, to demonstrate that you have sufficient income or assets to support your parents once they arrive in the United States. This legally binding contract between you and the U.S. government ensures that your parents will not become public charges.

6. Medical Examination

Your parents must undergo a medical examination by an approved physician before their interview. The results of this examination must be presented in a sealed envelope at the time of the interview unless the medical examination is sent directly to the embassy or consulate.

7. Visa Issuance and Travel to the U.S.

If your parents’ visa applications are approved, they will receive immigrant visas in their passports, allowing them to travel to the United States. Upon arrival in the U.S., they will be admitted as permanent residents and receive their Green Cards in the mail.

8. Adjustment of Status (If Applicable)

If your parents are already in the U.S. on a temporary visa, they may be eligible to adjust their status to permanent residents without leaving the country. This involves filing Form I-485, Application to Register Permanent Residence or Adjust Status.

The sponsorship process for parents is a detailed and multi-step journey that requires careful attention to detail and adherence to all requirements. Ensuring that all documents are accurately prepared and submitted on time is crucial for a smooth and successful process.

How an Immigration Lawyer Can Help

As a dedicated immigration law firm, The Law Offices of Daniel Shanfield Immigration Defense, PC, deeply understands the complexities and nuances of U.S. immigration law, including the intricate process of sponsoring your parents or navigating other family-based immigration paths. Here’s how our team of experienced immigration lawyers can assist you and your family through this critical journey:

Navigating Complex Legal Procedures

Immigration laws and regulations are notoriously complex and subject to frequent changes. Our attorneys stay abreast of the latest developments and can guide you through the application process, ensuring compliance with all legal requirements and procedures. This experience is invaluable in avoiding common pitfalls that can delay or derail your application.

Preparing and Reviewing Documentation

The success of your sponsorship or visa application heavily depends on the accuracy and completeness of your documentation. Our team can help you gather, organize, and review all necessary documents, including petitions, affidavits of support, and evidence of familial relationships, to ensure they meet the strict criteria set by immigration authorities.

Legal Representation and Advocacy

Our lawyers can represent you and your family members in all interactions with U.S. immigration authorities, including the United States Citizenship and Immigration Services (USCIS), the National Visa Center (NVC), and consulates. Should any issues arise, we’re prepared to advocate on your behalf, leveraging our legal experience to resolve challenges efficiently.

Managing Complex Cases

Some cases involve complexities such as previous visa denials, inadmissibility issues, or intricate legal nuances related to family-based immigration. Our San Jose immigration attorneys are skilled in handling such challenges, offering strategic advice and solutions tailored to your unique situation.

Streamlining the Process

With our comprehensive support, we aim to streamline the immigration process for you and your family. By managing deadlines, preparing for interviews, and ensuring that all steps are completed accurately and promptly, we help to minimize stress and uncertainty throughout your immigration journey.

Personalized Strategy and Support

Understanding that each family’s situation is unique, we provide personalized legal strategy and support tailored to your specific circumstances and goals. Whether you’re sponsoring your parents, applying for a family preference visa, or navigating another aspect of family-based immigration, we’re here to provide the dedicated support and guidance you need.

Ready to Reunite Your Family? Let Us Guide You Through the Process.

Navigating the parent sponsorship process can be challenging, but you don’t have to do it alone. At The Law Offices of Daniel Shanfield Immigration Defense, PC, we specialize in bringing families together. Our experienced immigration attorneys in San Jose, CA, are committed to providing personalized and effective legal guidance to make your dream of reuniting with your parents in the U.S. a reality.

Parent Sponsorship FAQs

At The Law Offices of Daniel Shanfield Immigration Defense, PC in San Jose, CA, we understand that sponsoring your parents for a move to the United States involves navigating a complex and often overwhelming immigration process. To assist you, we’ve compiled a list of frequently asked questions (FAQs) about parent sponsorship, providing clear and concise answers to help demystify the process.

1. Who is eligible to sponsor their parents?

U.S. citizens at least 21 years old can sponsor their parents for immigration to the United States. Permanent residents (Green Card holders) cannot sponsor their parents.

2. What documents do I need to sponsor my parents?

To sponsor your parents, you’ll need to submit several documents, including but not limited to:

Proof of your U.S. citizenship (e.g., U.S. passport, birth certificate, or naturalization certificate)
Form I-130, Petition for Alien Relative, for each parent
Proof of your relationship to your parents (e.g., your birth certificate showing your parents’ names)
Form I-864, Affidavit of Support, to demonstrate your financial ability to support your parents

3. How long does the parent sponsorship process take?

The duration of the parent sponsorship process can vary significantly depending on several factors, including the USCIS processing times, the country of origin, and any potential legal or administrative issues that may arise. Generally, the process can take a few months to over a year.

4. Can I sponsor my step-parent or adoptive parent?

Yes, U.S. citizens can sponsor their step-parents or adoptive parents, provided the marriage to the biological parent occurred before the child turned 18, or the adoption met specific legal criteria and occurred before the child turned 16.

5. What is the Affidavit of Support, and why is it important?

The Affidavit of Support (Form I-864) is a document you must submit to demonstrate that you have adequate means of financial support and are not likely to rely on the U.S. government for financial support. It is a legally enforceable contract between the sponsor and the U.S. government.

6. Do my parents need to go through a medical examination?

Yes, your parents must complete a medical examination conducted by an approved physician. The examination includes vaccinations and tests to ensure they do not have any medical conditions that would make them inadmissible to the U.S.

7. Can my parents work in the U.S. once they arrive?

Yes, once your parents are admitted as permanent residents, they can work in the United States.

8. What if my parents are already in the U.S.?

If your parents are already in the U.S. on a valid visa, they may be eligible to adjust their status to permanent residents without leaving the country. This process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status.

9. What happens if my parent’s visa application is denied?

If your parent’s visa application is denied, it’s crucial to understand the reason. In some cases, the decision can be appealed, or a new application can be submitted. To explore your options, consult with an experienced immigration attorney.

At The Law Offices of Daniel Shanfield Immigration Defense, PC, we’re dedicated to guiding our clients through the complexities of the immigration process. If you have further questions about sponsoring your parents or need assistance with your case, please don’t hesitate to contact us.