For most of your life, your parents may have handled many adult-like, serious matters on your behalf. But since you are now a United States green card holder, and your parents are foreigners residing outside the country, these roles may reverse. That is, you may have to take the bulk of the responsibility in managing their visa application and subsequent travel to your new home. Of course, you do not want to let them down in any way, or worse, put them in a compromising position. With that being said, please read on to discover the most common mistakes that green card holders like yourself should avoid making when sponsoring their parents and how one of the seasoned Lancaster, PA green card lawyers at Lupton Law LLC can ensure your parents’ legal entry and stay in the U.S.
What mistakes should green card holders avoid when sponsoring parents?
First things first, the biggest mistake you can make is assuming that, as a green card holder, you can sponsor your parents’ green card applications. Unfortunately, parents only fall under a family preference category for United States citizens aged 21 or older. As a permanent resident, you may only petition on behalf of your spouse or unmarried child. This is to say that you must not waste precious time on filling out Form I-864, Affidavit of Support, and money on the mandatory filing fee when it is too early to take this step.
Rather, you must wait the appropriate time of three to five years before you can apply for citizenship and work on bringing your parents over from here. On that note, you must not mix up this waiting period and add more time to your and your parents’ separation. That is, you may have to wait five years through the naturalization process, or possibly only three years if you originally obtained your green card through a marriage to a U.S. citizen.
When the time is finally right, you must not make the error of underestimating just how important financial support is for your parents’ green cards. Specifically, you must show the United States Citizenship and Immigration Services (USCIS) that you earn an income of at least 125 percent of the Federal Poverty Guidelines for your household size. So, you do not want to delay your parents’ arrival to the country even further by scrambling for a greater means of income (i.e., a better-paying job) or searching for a joint-sponsorship opportunity at the last minute.
Why should I speak with an immigration lawyer before making plans for my parents?
Even if you have confirmed that you meet the timing and other requirements to sponsor your parents for green cards, you should not proceed any further without consulting a lawyer. This is because a lawyer may not only advise you, but also protect your parents from making any detrimental mistakes on their end. For example, they may ensure that your parents do not have any previous immigration violations (i.e., overstays, denials, etc.) that may require additional steps in their petitions (i.e., waivers, special handling, etc).
If you wish to explore your legal options moving forward, please allow one of the competent Lancaster, PA green card lawyers from Lupton Law LLC, to be your guiding force. Please schedule your initial consultation with our firm at the first chance you get.
