Filing Petition and Application to Adjustment Status for a Parent of a U.S. Citizen
In this short guide the writer addresses the process of filing application to adjustment status for a parent who is physically present is the U.S.
Filing the PetitionIf you are a U.S. citizen you have a broader opportunity to petition for your relatives. Among others, as a U.S. citizen you may petition for your spouse, child, siblings, or parent whether they are physically present in the U.S. or not. In this short guide the writer addresses the process of filing application to adjustment status for a parent who is physically present is the U.S. In order to petition for a parent the petitioner must be a U.S. citizen and over the age of 21. The petitioner has to file form I-130 (Petition for Alien Relative) along with supporting documents and filing fees. If you are a petitioner, you are required to prove your status as a U.S. citizen and your relationship to the beneficiary parent. You may submit a copy of a U.S. passport or citizenship certificate, if you became a U.S. citizen through naturalization. You should provide a copy of birth certificate that identifies the beneficiary as a parent. If you are filing for your father, the United States Citizenship and Immigration Services (USCIS) requires a copy of the parent's marriage certificate and proof of divorce or death terminating the parent's prior marriage, if any. The filing fee for Form I-130 as to the time this guide has been prepared was $420.00. The writer recommends checking the updated filing fee from the USCIS website at www.uscis.gov/i-130.
If the Beneficiary Parent is Physically Present in the U.S.If the beneficiary parent is physically present in the U.S. and the petition will be filed simultaneously with an application to adjust status to a permanent resident, you must file Form I-485 (Application to Register Permanent Residence or Adjustment Status). The filing fee for the From I-485 including biometric fee was $1070.00 until the time last checked, please consult the USCIS website for any changes. To be eligible, a visa petition beneficiary must prove that she/he was inspected and admitted or paroled into the U.S. that she/he is among the class of persons eligible to immigrate and an immigrant visa is immediately available to her/him and she/he is admissible individually as an immigrant. A beneficiary may be barred from adjusting if she/he entered the U.S. without inspection. The beneficiary may also send application for employment authorization and application for travel document together with the petitions. The beneficiary is not required to pay the fees for Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) if these applications are filed together with the Form I-485. The petitioner should also file Form I-864 (Affidavit of Support under Section 213A) and supporting documents. The beneficiary parent who is in the U.S. should take a medical exam and enclose the results in the application package. The medical exam has to be conducted by Civil Surgeon approved by the USCIS. Once the application in received and processed, the USCIS will notify the beneficiary and/or her/his attorney of record, if any, to appear at an Application Support Center for biometrics collection, which involves having the beneficiary's picture and signature taken and being fingerprinted. The USCIS will also notify the petitioner and the beneficiary the interview date and time, if an interview is necessary. The beneficiary must attend all interviews in person before an immigration officer. At the time of the interview the beneficiary must bring all original documents such as passport, I-94 record, and birth certificates, if available. The USCIS will notify you the results in writing.