Can a US citizen daughter petition for her parents? This is a common question among individuals who are seeking legal paths to bring their family members to the United States. The answer to this question lies within the framework of the United States immigration laws, specifically the family-based immigration system. In this article, we will explore the process of how a US citizen daughter can petition for her parents to obtain legal residence in the United States.
The process of petitioning for parents as a US citizen daughter is known as a family-based immigration petition. The US citizen daughter must first establish that she is a biological or adoptive daughter of the parent she wishes to petition for. Once this relationship is confirmed, the daughter can file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS).
Once the Form I-130 is submitted, USCIS will evaluate the petition to ensure that it meets the necessary requirements. The petitioner must demonstrate that she is a US citizen and that the parent is eligible for immigration based on the relationship. Additionally, the petitioner must prove that the parent is admissible to the United States, meaning they do not have any legal or health-related grounds that would prevent them from entering the country.
After USCIS receives the Form I-130, it will be processed, and the petitioner will receive a receipt notice. The next step is for the petition to be forwarded to the National Visa Center (NVC), which manages the scheduling of immigrant visa interviews at U.S. embassies and consulates worldwide. The NVC will then notify the petitioner when it is time for the parent to apply for an immigrant visa.
There are several categories under which a US citizen daughter can petition for her parents. The first category is immediate relative, which includes parents of a US citizen who are unmarried and under the age of 21. This category has no waiting period, and the parent can apply for an immigrant visa immediately after the Form I-130 is approved.
The second category is family preference, which applies to parents of a US citizen who are married or unmarried and over the age of 21. This category has a waiting period, as the number of available visas is limited. The waiting period can vary significantly depending on the country of origin of the parent.
During the visa application process, the parent must undergo a medical examination and an interview at a U.S. embassy or consulate. If the visa is approved, the parent can then travel to the United States and apply for adjustment of status to become a lawful permanent resident (LPR) once they arrive.
It is important to note that the process of petitioning for parents can be complex and time-consuming. It is advisable for individuals to seek the assistance of an immigration attorney or a qualified expert to navigate the intricacies of the system and ensure that all requirements are met.
In conclusion, a US citizen daughter can indeed petition for her parents to come to the United States. By following the proper legal procedures and meeting the necessary requirements, a US citizen daughter can help her parents achieve legal residence in the United States and reunite as a family.
