Adjusting Your U.S. Immigration Status Through Your Child
Many people think that once their child turns twenty-one, they can immediately file a petition to change their status and be eligible to receive lawful permanent residence (commonly known as a “Green Card”). While it is true that the parents of a U.S. citizen, who is at least 21 years old, are considered “immediate relatives” under U.S. immigration law, it does not always mean that you will be eligible for a legal permanent residence.
If you’re interested in changing your immigration status and your child is a legal U.S. citizen at least 21 years old, read on to learn more about the procedure and common roadblocks when applying for permanent residency.
Supporting Your Parents
Firstly, not only must the U.S. child be at least 21 years old, but they must also be able to prove that their household income is sufficient to support their parents. The child must show that their income is 125% or more above the U.S. poverty level. If the child does not have sufficient income to sponsor their parents, they can seek another person to serve as a financial sponsor. The parents must also indeed intend to live in the United States.
It is important to remember that a Green Card is not a travel document. If the parents of the U.S. citizen stay outside the U.S. too long, U.S. border authorities may notice that they are actually “living” somewhere else and deny their reentry. Keep reading to learn more about your procedural options, whether or not the parents entered the United States legally or unlawfully.
Parents of U.S. Citizens Living in the U.S. Unlawfully
It is pretty common for families living in the United States to have mixed immigration statuses, such as situations where a child is a legal U.S. citizen, but the parents are undocumented. To adjust parental immigration status through a petition from a U.S. citizen child, you have to have entered the U.S. legally or have a petition before 4/30/2001.
However, parents who entered on a visa or through the visa waiver program are generally not required to leave the United States to obtain their Green Card but can stay and obtain their Green Card through a procedure known as “adjustment of status” by attending an interview at a United States office.
This is true even if they overstayed the visa. The only catch is that they cannot have misused the visa. In other words, obtained it simply in order to come to the U.S. and get a Green Card.
Finally, as an undocumented parent of a 21-year-old U.S. Citizen, you may be able to file for residency here in the U.S. – without leaving the country – if your child has mistreated you in some way.
Under the federal Violence Against Women Act (VAWA), you may be eligible to become a lawful permanent resident (or obtain a Green Card) if you are the victim of battery or extreme cruelty committed by your child. Extreme cruelty is not just physical abuse. If the parent believes they have been emotionally abused, they may be able to stay in the United States and apply for a Green Card.
Parents of a Citizen Living in the States Legally
If the parents are living in the United States legally, then adjusting their status should be a straightforward process. Parents living abroad should expect to attend a visa interview at a U.S. consulate in their home country before coming to the U.S. on an immigrant visa. Upon entry, they become lawful permanent residents.
At James Immigration Law, we are committed to providing honest and knowledgeable legal advice on all matters concerning or connected to immigration in the United States. We are laser-focused on keeping families together and fighting for our client’s rights. If you are interested in obtaining legal permanent residency in the U.S. through your child, contact us today for a consultation with our experienced attorneys.