Can You Apply for a Green Card for Parents Who Entered on a Tourist Visa?

Applying for a green card for your parents while they are on a tourist visa in the United States is a process that many families consider. If your parents are already in the U.S. on a valid non-immigrant status such as a tourist visa, they can apply to adjust their status to permanent residents by filing Form I-485. This article will guide you through the essential steps and considerations involved in this process.

Understanding the Basics

Eligibility Requirements

Before initiating the process, it is crucial to understand who is eligible:

• U.S. Citizenship: Only U.S. citizens, not permanent residents, can sponsor their parents for a green card.
• Age Requirement: The sponsoring child must be at least 21 years old to file for their parents.
• Relationship Verification: You must provide proof of your relationship with your parents, such as birth certificates or adoption papers.
• Lawful Entry: Your parents must have entered the U.S. lawfully, typically with a visa or parole.

Potential Challenges and Considerations

Intent at Entry

• Initial Intent: When entering the U.S. on a tourist visa, your parents should not have the intent to stay permanently. Misrepresentation can lead to complications and potential denial of the green card application.
• Formation of Intent: However, if the intent to apply for a green card is formed after entry, this can allow for a change of status, provided all other legal requirements are met.
• Ability To Travel: While your parent’s Form I-485 (Application to Register Permanent Residence or Adjust Status) is pending, they can travel outside the United States only if they obtain an Advance Parole. Advance Parole is a travel document that allows individuals to re-enter the U.S. without abandoning their adjustment of status application. If your parent leaves without this document, their I-485 application will be considered abandoned, and they may face difficulties re-entering the country.

The Process of Applying for a Green Card

Step 1: File Form I-130 & Form I-485 Concurrently

The first step is to file Form I-130, Petition for Alien Relative, along with Form I-485, Application to Register Permanent Residence or Adjust Status. Concurrent filing allows both forms to be submitted together. Here are the key points to note:

• Required Documents: Include proof of citizenship, proof of relationship, your parents’ identification documents, proof of lawful entry (I-94), and any additional supporting documentation.
• Filing Fees: Ensure to check the current USCIS fee schedule as fees can change.
• Biometrics Appointment: After filing, your parents will need to attend a biometrics appointment for fingerprinting and photographs.
• Medical Examination: Parents must undergo a medical examination by a USCIS-approved physician and submit medical examination results on Form I-693.
• Advance Parole: If your parents need to travel while Form I-485 is pending, apply for Advance Parole to avoid abandoning their application.
• Work Authorization: Your parents can apply for work authorization (Form I-765) while their Form I-485 is pending, allowing them to legally work in the U.S. during the application process.
• Financial Responsibility: As the sponsor, you must submit an Affidavit of Support (Form I-864), taking financial responsibility for your parents.

Step 2: Wait for USCIS Approval

Filing and Processing Times

Understanding and being aware of the processing timelines is crucial for planning and managing expectations. Once the applications are filed, you must wait for USCIS to process and approve the petition. This can take anywhere from 6 months to 1.5 years, so planning ahead is essential.

Possible Interview: Your parents may be required to attend an interview with USCIS. During this interview, an officer will verify the information provided in the application and assess the authenticity of the parent-child relationship. Be prepared to provide additional documentation if requested.

Conclusion

Applying for a green card for parents on a tourist visa is possible but involves careful consideration of eligibility, intent, and procedural requirements. By following the steps outlined above and staying informed about the latest immigration regulations, you can navigate this process successfully. Always consider consulting with an immigration attorney to ensure compliance with all legal requirements and to address any specific concerns related to your family’s situation.

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My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we discussed the process of applying for a green card for your parents while they are on a tourist visa. If you have any further questions about sponsoring your parents for a green card, or any other immigration-related queries, feel free to schedule a free consultation by clicking this link.