What does it take for a parent to get a green card through their child? If you are preparing for this process, or you’re already in the process but have encountered bumps in the road, read on for more information on some complex issues that can happen with this pathway.
LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
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Issues When Filing For A Parent
See this topic on our YouTube channel – Parent Green Card: Special Issues When Filing for a Parent!
Once your child turns 21, they are eligible to file for you. At that point, you have to prove the parent-child relationship to immigration authorities. Prove that it is a legal, legitimate relationship, that you are the biological parent or a stepparent. We recommend that you pull up the instructions for Form I-130 and look through the instructions for what documents are required to prove that your parent really is your parent and your child really is your child.
Unlawful Presence
If you are in the U.S. and have overstayed your visa as a parent of a U.S. citizen child, your unlawful presence will automatically be ignored and you can go ahead and adjust your status without a waiver.
But, if you enter the United States without inspection, you will not be able to adjust your status through your U.S. citizen child. The government will require you to go overseas for an Embassy interview, and you will need a waiver to leave the U.S. in order to be able to come back afterwards.
You’ll need that waiver approved because you have unlawful presence on your record. The embassy will not automatically forgive you for that. Otherwise, you could be barred from coming back for 10 years.
Previous Petition History
The other issue you may face is a past petition history as a parent. If you’ve been in the United States for a while, and you did not see an option for a green card for yourself, you may have applied for a different petition such as a LULAC or VAWA application for permanent residency. And you may have misrepresented yourself on these applications, so the government marked you for misrepresentation or fraud.
If that’s the case, the government will require or ask you to submit a waiver. You will need a qualifying U.S. resident relative for this waiver, but it is possible and may allow you to pursue a green card through your U.S. citizen child.
Now, if you have more serious issues on your record, such as misrepresenting yourself as a U.S. citizen, or you have a permanent bar, there is no waiver for this.
Difficulty Proving Relationship
You may also have issues proving the parent-child relationship between you and your U.S. citizen child.
So, there may be a problem with the child’s birth certificate – maybe it was issued many years after the child’s birth, which is common in some countries. This may be a red flag for immigration authorities and they may question you about this and deny your application if you cannot explain it or provide additional evidence.
You may need to provide DNA test results or other secondary evidence to prove that your parent-child relationship is legitimate.
If you are facing any of the above issues, it is always a good idea to consult and partner with an experienced immigration lawyer who can help you get everything sorted out. If you have any questions or concerns, they can be with you every step of the way to help.
Planning Your Roadmap to Success
Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.
If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.
LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
