HOW U.S. CITIZENS CAN PETITION THEIR PARENTS FOR

continued on next page

TEACHING, INTERPRETING,

& CHANGING LAW SINCE 1979

ILRC.ORG PG. 1

Undocumented individuals who have U.S. Citizen (USC) children often ask when and

if their child can help them obtain their Lawful Permanent Resident (LPR) status.

The simple answer is yes—a child who is over 21 years old can begin the process

for a parent to get their Permanent Residence card, often referred to as a green

card. Though all that is needed initially is to show the relationship, the process can

be complicated and any parent seeking a green card through their child needs to

carefully consider certain things before they move forward.

Below is a brief explanation of this process, what is needed for a son or daughter to

help their parent(s) obtain status, and some considerations to keep in mind as you

explore this process.

WHAT IS A FAMILY-BASED VISA PETITION?

Family-based petitions are one of the most common ways in which people are granted

lawful permanent residence. Through family-based petitions, USCs and LPRs can help

certain family members obtain a green card and get on the path to citizenship.

USCs can petition their spouses, children under 21, sons and daughters over 21 who

are married or unmarried, and their parents. LPRs can petition their spouses, children

under 21, and their unmarried sons and daughters who are over 21 years of age.

All these petitions are referred to as “family based” since you are going through the

process whereby you have a family member who has status in the United States. For

A brief overview about how you can attain a green

card through your US citizen son or daughter

MARCH 2023

HOW U.S. CITIZENS CAN PETITION

THEIR PARENTS

FOR

PERMANENT RESIDENCE

continued on next page

continued...

TEACHING, INTERPRETING,

& CHANGING LAW SINCE 1979

COMMUNITY

EXPLAINER

ILRC.ORG PG. 2

parents with no lawful status who have a USC son or daughter, their son or daughter

will be able to submit the family-based petition for them to begin the process once

they turn 21.

WHAT IS THE PROCESS FOR OBTAINING LAWFUL PERMANENT

RESIDENCE?

Obtaining a green card is a two-step process. The first step is having someone who

can “petition” you or file a visa petition on your behalf. If the person is eligible for the

visa petition, immigration will approve it. Once the petition is approved, the person

will need to wait until there is a visa available before they can move on to step two.

Step two involves the person applying for lawful permanent residence, often referred

to as attaining a green card. Step two can either be completed through consular

processing, outside the United States, or through adjustment of status, inside the

United States.

Step 1) Submit the visa petition.

The visa petition begins the process. This is processed by U.S. Citizenship and

Immigration Services (USCIS).

Step 2) Submit the application for lawful permanent residence.

This application will complete the process

of getting a green card. This process can

be completed either through Adjustment

of Status in the United States or Consular

Processing in your home country abroad.

In short, this represents where an

applicant’s paperwork is processed and

where their accompanying interview takes

place.

IT IS IMPORTANT THAT YOU GET

SCREENED BY AN IMMIGRATION

ATTORNEY OR A DOJ-ACCREDITED

REPRESENTATIVE BEFORE YOU BEGIN

THE PROCESS.

NOTE

continued on next page

continued...

TEACHING, INTERPRETING,

& CHANGING LAW SINCE 1979

COMMUNITY

EXPLAINER

ILRC.ORG PG. 3

HOW WILL I KNOW IF I CAN ADJUST STATUS IN THE UNITED STATES

OR IF I WILL HAVE TO CONSULAR PROCESS IN MY HOME COUNTRY?

As mentioned above, someone who does not qualify for adjustment of status

(completing the process in the United States) will generally need to do consular

processing (travel outside the United States, usually to their home country, to

complete their case).

There are a few questions you will need to answer when speaking with your legal

representative so they can assess if you are eligible to complete step two through

adjustment of status in the United States. Some of the questions include things like:

•• How did you enter the United States?How did you enter the United States?

•• Did you enter with a visa or in another way that was lawful? Did you enter with a visa or in another way that was lawful?

•• If you did not enter lawfully, i.e. you entered without being inspected by an If you did not enter lawfully, i.e. you entered without being inspected by an

immigration official, have you traveled on Advance Parole and reentered? immigration official, have you traveled on Advance Parole and reentered?

•• Do you currently live in the United States?Do you currently live in the United States?

•• Who submitted the visa petition for you? Who submitted the visa petition for you?

•• Are they a USC? Are they a USC?

•• Are they an LPR (green card holder)? Are they an LPR (green card holder)?

•• If you are being petitioned by a green card holder:If you are being petitioned by a green card holder:

Is the visa available now? Is the visa available now?

Have you always had status? Have you always had status?

Did you work unlawfully? Did you work unlawfully?

Generally, individuals who entered on a visa or were inspected and admitted by an

immigration official will meet the first requirement for adjustment of status (note

continued on next page

continued...

TEACHING, INTERPRETING,

& CHANGING LAW SINCE 1979

COMMUNITY

EXPLAINER

ILRC.ORG PG. 4

that there are many more). If you did not enter with some sort of permission, you

generally will not be able to adjust status. It is important to speak with a legal

representative to discuss your immigration history and see if you are eligible to adjust

status or may become eligible to adjust status.

All those who are not eligible for adjustment of status will need to complete step two

through consular processing. Leaving the United States for consular processing can

have some risks and may trigger some immigration penalties that can complicate your

case. This is why it is important to discuss your immigration history with a trusted

legal representative before you move forward to make sure you do not trigger any

penalties when you leave the United States.

WHEN CAN MY SON OR DAUGHTER PETITION ME?

USCs 21 or over are eligible to submit a family-based petition for their parents.

Parents of USCs are eligible if they have the required family relationship (for example,

parent and son/daughter), and the family member has the immigration status required

for the petition (for example, the son or daughter is a USC). If the petitioner can prove

these two foundational elements, USCIS must approve the visa petition. Here, you

would just need to show that your son or daughter is over 21 and that you are their

parent. This is usually shown through a birth certificate.

In this process, your son or daughter will be known as the petitioner, since they are

the ones who submit this petition. You will be known as the beneficiary, the person

who is receiving the benefit.

ONCE MY SON OR DAUGHTER PETITIONS ME, WHEN CAN I MOVE TO

STEP TWO?

A person will be able to move to step two when a visa becomes available. For parents,

moving onto step two may take very little time since parents of USCs are considered

immediate relatives and a visa is always available to them. Once the visa petition is

continued on next page

continued...

TEACHING, INTERPRETING,

& CHANGING LAW SINCE 1979

COMMUNITY

EXPLAINER

ILRC.ORG PG. 5

approved, you will be able to proceed with step two to apply for your green card.

It is in step two that a person will be evaluated to make sure they can be approved.

Here, USCIS will review your immigration history, determine if you have broken any

immigration laws or are eligible to apply for a pardon for breaking them, and evaluate

that you are eligible for this benefit. It is very important that you speak truthfully and

completely with a trusted legal service provider so they can determine if there are

any concerns or complexities in your case.

WHAT SHOULD I CONSIDER IF I AM ELIGIBLE TO BE PETITIONED BY

MY SON OR DAUGTHER?

The most important thing you can do if you think you are eligible to have your son

or daughter, or any other family member, petition you is to speak to an immigration

attorney or a DOJ-accredited representative. It is

critical to understand that the process to obtain

lawful permanent residence can be complicated,

and someone with the proper qualifications should

help you navigate the requirements, determine what

can make you ineligible, and address any potential

consequences.

Below are a few things to keep in mind as you move forward:

• If you have been in the country for more than 6 months without status, you

could potentially trigger the 3- or 10- year bar when you leave the country.

This is particularly important for those who will need to complete the process

outside the United States since these bars are only triggered when you depart

the country.

• If you have reentered multiple times without permission and/or if you have

been detained at the border, it is possible you have the permanent bar—one

WHEN SEEKING IMMIGRATION

LEGAL SUPPORT, HEAD HERE TO

LEARN HOW TO AVOID FRAUD.

NOTE

continued...

TEACHING, INTERPRETING,

& CHANGING LAW SINCE 1979

COMMUNITY

EXPLAINER

ILRC.ORG PG. 6

Discover more community explainers, toolkits,

& alerts about immigration law.

Are you a California Community College (CCC) or a California State University

(CSU) student? If so, you qualify for FREE immigration legal services!

FIND OUT MORE CCC: findyourally.com CSU: findyourally.com/csu

that can prevent you from completing your process for 10 years. Individuals

who have been in the U.S. for more than one year, leave, and then return to the

U.S. without permission, most likely have this bar.

• If you have ever been before an immigration judge or received notification

that you needed to go before an immigration judge but failed to attend, it

could mean that you have a removal order or need to resolve an issue with

immigration court before you move forward.

• If you have been arrested for or received a conviction for certain crimes,

you could potentially be denied the benefit if the crime bars you from being

approved for a green card. If you have had contact with the criminal legal

system, it is important to gather all the related documents before you speak

with an immigration attorney so they can properly analyze your case and any

risks associated with applying.

Remember that these are only a few things to take into consideration when seeking

information on how to move forward if your USC son or daughter is over 21. For many,

the path to lawful permanent residence is straightforward, while for others there may

be more steps to clear before moving forward. The best way to understand where

those complexities exist is through an honest and thorough consultation with an

immigration attorney or a DOJ-accredited representative.

For more information on how to prepare for an immigration consultation or explore

what can impact an immigration case, visit the ILRC’s Immigration Preparedness

Toolkit, available here.

To find a trusted legal services provider in your area, visit ilrc.me/findhelp.