Xie Law Offices, LLC

How to file Immigration Petition for Parents

If you are seeking permanent resident status for your mother, you must file the following items with the Immigration and Naturalization Service:

*      Form I-130 Petition for an Alien Relative (If you are filing for both parents, you must file a separate form for each parent.)

*      Your birth certificate (copy) showing the names of you and your mother

*      Your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States.


If you are seeking permanent resident status for your father, you must file the following items with the Immigration and Naturalization Service:

*      Form 1-130 Petition for an Alien Relative (If you are filing for both parents, you must file a separate form for each parent.)

*      Your birth certificate (copy) showing the names of you and both parents

*      Your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States.

*      A copy of your parents' marriage certificate.

*      A copy of any divorce decrees, death certificates, or annulment decrees that would show that any previous marriage entered into by your mother or father was ended legally.


If your parent is currently inside the borders of the United States, then your parent may be eligible to file the following materials with the Immigration and Naturalization Service. These application items can be submitted at the same time as your Form I-130, Petition for an Alien Relative:

*     Form I-485 Application to Register Permanent Residence or Adjust Statu

*     Form G-325A Biographic Data Sheet

*     Form I-693 Medical Examination Sheet

*      Two color photos taken within 30 days (Please see Form I-485 for more instructions on photos.)

*      Form I-864 Affidavit of Support (completed by the sponsor). For more information, please see How Do I File an Affidavit of Support for a Relative?.

*      Form I-765 Application for Employment Authorization (if seeking employment while case is processed).

*      Form I-130 Petition for Alien Relative, or the INS I-797 approval notice if you (the child) filed the visa petition before your parent filed their I-485 Application to Register Permanent Residence or Adjust Status.

*      Copy of your parent's birth certificate

*      Evidence of inspection or parole into the United States (INS Form I-94, Arrival-Departure Record.)


If you are illegitimate, and are seeking permanent resident status for your father, you must file the following items with the Immigration and Naturalization Service:

*      Form 1-130 Petition for an Alien Relative (If you are filing for both parents, you must file a separate form for each parent.)

*      Your birth certificate (copy) showing the names of you and your father

*      Your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States.

*      Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21.



If you are legitimated, and are seeking permanent resident status for your father, you must file the following items with the Immigration and Naturalization Service:

*      Form 1-130 Petition for an Alien Relative (If you are filing for both parents, you must file a separate form for each parent.)

*      Your birth certificate (copy) showing the names of you and your father

*      Your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States.

*      Evidence you were legitimated before your 18th birthday through the marriage of your natural parents, the laws of your country, or the laws of your father's country.



If you are seeking permanent resident status for your stepparent, you must file the following items with the Immigration and Naturalization Service:

*      Form 1-130 Petition for an Alien Relative (If you are filing for both parents, you must file a separate form for each parent.)

*      Your birth certificate (copy) showing the names of your natural parents

*      Your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States.

*      A copy of the marriage certificate of your parent to your stepparent showing that the marriage occurred before your 18th birthday.

*      A copy of any divorce decrees, death certificates, or annulment decrees to show that any previous marriage entered into by your natural or stepparent ended legally.



If you are seeking permanent resident status for your adoptive parent, you must file the following items with the Immigration and Naturalization Service:

*      Form 1-130 Petition for an Alien Relative (If you are filing for both parents, you must file a separate form for each parent.)

*      Your birth certificate (copy),

*      Your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States.

*      A certified copy of the adoption certificate

*      A statement showing the dates and places you have lived together with your parent.

 



Copyright© Xie Law Offices LLC. 2000-2005 A Member of American Immigration Lawyers Association (AILA)