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Many children who obtained US citizenship through birth or naturalization wonder if they can help their parents regularize their immigration status.
However, a US citizen cannot directly apply for citizenship for their parents. The first step is to help them obtain legal permanent residency (Green Card) and, subsequently, if they meet the requirements, they will be able to apply for naturalization to become US citizens.
According to the US Citizenship and Immigration Services (USCIS) and the Department of State, parents of US citizens are part of the “immediate relative” category, which allows them to access an immigrant visa without being subject to the annual visa limits that apply to other family categories.
Who can sponsor their parents?
To begin the process, the child must meet two fundamental conditions:
- Ser ciudadano estadounidense.
- Tener al menos 21 años de edad.
Permanent residents (Green Card holders) cannot sponsor their parents to obtain permanent residency. This benefit is reserved exclusively for US citizens over 21 years of age.
Requirements for parents
In addition to proving the family relationship, parents must be admissible to enter or remain in the United States according to current immigration laws. USCIS notes that the required documentation may vary depending on whether it concerns the mother, biological father, stepparents, or adoptive parents.
Among the most common documents are:
- Acta de nacimiento del ciudadano estadounidense.
- Prueba de ciudadanía del hijo, como pasaporte estadounidense o certificado de naturalización.
- Documentos que acrediten la relación padre-hijo.
- Actas de matrimonio o adopción, cuando correspondan.
Step-by-step guide to obtaining permanent residency
1. File Form I-130
The process begins when the citizen child submits Form I-130, Petition for Alien Relative, to USCIS, with the aim of proving the family relationship that entitles the applicant to the immigration benefit.
2. Wait for USCIS approval
Once the documentation is reviewed, USCIS will determine if a valid family relationship exists. Approval of the petition does not automatically grant immigration status or permanent residency.
3. Continue the immigration process
The procedure will depend on where the mother or father is located:
If they are inside the United States and meet the requirements, they could apply for an adjustment of status using Form I-485.
If they are abroad, the case will be sent to the National Visa Center (NVC) to continue with consular processing at a US embassy or consulate.
4. Interview and final decision
The mother or father must attend an immigration interview and present the required documentation. If the case is approved, they will receive an immigrant visa or the Green Card, as applicable.
When can they apply for US citizenship?
Once they obtain legal permanent residency, parents must meet the naturalization requirements established by USCIS before applying for US citizenship.
Generally, this implies maintaining permanent residency for the time required by law, demonstrating good moral character, passing English and civics exams, in addition to meeting the requirements of physical presence and continuous residence in the country.
In other words, having a US citizen child does not automatically grant citizenship to parents. What it does allow is to initiate one of the most direct paths to obtaining permanent residency, which can become the first step toward naturalization and US citizenship in the future.
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