J. Molina Law Firm

Family Petition for Divorced Parents

If you are a United States citizen and at least 21 years old, you can get your parents a green card through a Family Petition, which gives them legal permanent residency. You would likely need to request them through filinf a Family Petition with Form I-130. Although a breakup can sometimes make the process harder, in short, it does not matter if your parents and married or not for you to petition them.

You have to be an American citizen: Parents can only get a green card if they are petitioned by a U.S. citizen. Permanent residents who have a green card cannot do this.

Proving that you are a parent’s child: You must show proof that you are a parent’s child, such as a birth certificate, a marriage certificate (if available), or another support document.

Financial sponsorship: As the petitioner, you will have to show that you can support your parents and that they won’t become public charges.

Consular processing: If your parents are outside of the United States, they will usually go through consular processing at the U.S. embassy or consulate in their home country.

Affidavit of support: You will need to fill out Form I-864, Affidavit of Support, to show that you can pay for your parents’ care.

Visas: If the visa is accepted, your parents will be given immigrant visas, which will let them enter the United States as permanent residents.

Adjustment of status: If your parents are already in the United States officially (for example, on a non-immigrant visa), they may be able to change their status to permanent residents without leaving the country.

If your parents check out all the boxes for eligibility and can provide thesupport documents needed, they can receive green cards through a family petition even though they’re divorced. However, immigration rules and processes are always changing and it’s always adivsable to consult with an expert immigration attorney!

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