How to get a green card for your parents as a US citizen
If you are a US citizen and are older than 21 years, you can apply for permanent residence of your parents in the US and help them acquire a green card. A parent is considered a "close relative" under US law.
This is good, as it means there is no annual limit on the number of green cards issued in this category, so no waiting lists (if the requirement exceeds the offer) can improve and delay the application process.
When applying on the behalf of parents you will need to establish that you have enough money or assets to sustain or maintain at least 125% of the U.S. poverty levels, this is an essential issue. This is to ensure that they are not accepted as "public expenditure" or for those who may be able to access government-based services. For current levels of poverty guidelines, see Form 864P.
Additionally, it's important to note that your parents may be denied a green card if they are not accepted for some reason, such as a criminal conviction record or immigration violation, or a public health risk, or physical or mental disorder.
How to apply for permanent residence in the USA
For this process, USCIS has issued Form 130 also referred to as an externally related complaint. Use the application to establish that you are a legal resident of the United States as well as the parent-child bond you have with the "beneficiaries."
As such, you must provide a copy of your birth certificate, US passport, or other evidence of citizenship, as well as a copy of your birth certificate that includes the names of your parents, or comparable proof of their link to you. (Don't send original copies of these books or any other documents—you probably won't receive them again.) If you are submitting on behalf of both parents, you must submit two distinct I-130 petitions.
Once the I-130 application is approved, assuming your parents live abroad, USCIS will send the file to the U.S. Embassy in the land of your parents. Ambassadors will contact them on how to submit their required forms and documents.
Once your parents are contacted and the process begins there, you should fill out an Affidavit of Support in Form USCIS 864. Soon, an embassy will call your parents for an interview where their arrival visa should be approved. That visa allows them to come to the United States by becoming legal residents, making them eligible to apply for citizenship.
If your parents are in the US, does it make a difference?
If your parents, after legal entry, enter the U.S. as a visa. This is a process called "conditioning". If they enter without a check, however (such as cross-border smuggling) they cannot do so – and they should talk to a foreign attorney to see if they can move to another country that has been around for more than six years. Illegal residence in America can create a long-term barrier to acceptance.
If you were eligible for conditional amendment, you wouldn't have to wait for Form 130 to be approved, but you can submit it with the Application for Registration of Permanent Residence, or Form 485.
But don't read this and say, "Oh, I'll have my parents guest in the U.S. and apply for rehab." This is an abuse of tourist visas and could lead to the denial of their green card applications.
If your parents decide they don't want to spend the entire year in the United States?
Many people hope that getting a green card for their parents will make it easier for them to travel long distances. Unfortunately, this strategy does not comply with laws. As a condition of acquiring a green card, immigrants must make the United States their home.
If your parents’ stay in the U.S is for a limited time, they may need to provide a reason for their absence from the country after acquiring a Green Card. US Travels of six months or more outside the U.S. are guaranteed to be questioned.
You can also contact experienced US immigration lawyers if you want to apply for a fiance visa.