For parents wishing to immigrate to the United States, one of the most common questions is whether their children can sponsor them for an American visa. The answer is yes, but there are specific requirements and processes to follow. In this blog, we’ll break down how children can sponsor their parents for a U.S. visa, the steps involved, and what to expect throughout the journey.
Who Can Sponsor Their Parents?
In the U.S. immigration system, certain family members can sponsor their relatives to come and live permanently in the country. U.S. citizens can sponsor various family members, including parents, but Lawful Permanent Residents (Green Card holders) cannot sponsor their parents.
Here are the key conditions:
- The child must be a U.S. citizen.
- The child must be at least 21 years old.
- The child must be able to financially support the parent (or have a joint sponsor) to ensure the parent will not become a public charge.
If your child meets these conditions, they can begin the process of sponsoring you for a visa.
Types of Visa Available for Parents
When a U.S. citizen wants to bring their parent(s) to the United States, the type of visa generally used is the IR-5 visa, a category specifically designed for parents of U.S. citizens. The IR-5 visa falls under the Immediate Relative category, meaning there is no cap on the number of these visas issued annually. This is great news, as it means there are no long waiting periods beyond the time it takes to process the application.
The Process: Step-by-Step Guide to Sponsoring Parents
Sponsoring a parent for a U.S. visa involves several steps, each requiring careful attention. Here’s what the process generally looks like:
1. Filing the I-130 Petition
The first step is for your U.S. citizen child to file Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the child and the parent. Along with this form, your child will need to submit supporting documents such as:
- A copy of their birth certificate showing your name.
- Proof of their U.S. citizenship (a U.S. passport, birth certificate, or naturalization certificate).
- Proof of your identity (your passport or national ID).
- Any evidence of a legal name change if applicable.
2. Wait for USCIS to Process the Petition
After submitting the I-130, USCIS will review and process the petition. This can take several months depending on current processing times, but because the IR-5 visa is an immediate relative visa, you won’t be placed on a long waiting list.
3. Visa Application Process
Once USCIS approves the I-130 petition, the case will be transferred to the National Visa Center (NVC), where your visa application process begins. The NVC will notify you when it’s time to apply for the visa, pay the necessary fees, and submit additional forms, including:
- DS-260 (Immigrant Visa Application): This is the online visa application form.
- Affidavit of Support (Form I-864): Your child, or a joint sponsor, will submit this form to show they can financially support you when you arrive in the U.S.
4. Medical Exam and Interview
After your forms are processed and approved, you’ll be scheduled for a medical examination at a U.S. embassy-approved clinic in your country, followed by an interview at the U.S. consulate or embassy.
During the interview, a consular officer will ask you about your relationship with your child and review your documents. If everything is in order, your visa should be approved.
5. Entering the U.S.
Once your visa is approved, you will be issued an immigrant visa to travel to the U.S. After arriving, you’ll need to pay a fee to USCIS for the issuance of your Green Card, which will be mailed to your U.S. address.
Financial Considerations and Responsibilities
When sponsoring a parent for a visa, your child must prove they can financially support you once you’re in the U.S. This is done through the Affidavit of Support (Form I-864). Your child needs to show that their income is at least 125% of the U.S. federal poverty guidelines for their household size.
If your child’s income isn’t sufficient, a joint sponsor can also submit an Affidavit of Support. The joint sponsor does not need to be related to you but must be a U.S. citizen or permanent resident and meet the income requirements.
Key Things to Consider
While the process might seem straightforward, there are some important things to keep in mind:
- Permanent Residency, Not Citizenship: Being sponsored through the IR-5 visa grants you lawful permanent residence (a Green Card), not U.S. citizenship. However, after a few years of residency (usually five), you can apply for naturalization to become a U.S. citizen if you wish.
- Public Charge Rule: While the U.S. government has eased the enforcement of the public charge rule in recent years, it’s still important to demonstrate that you will not rely on public assistance once in the U.S.
- Processing Times: Although there is no annual limit for parent sponsorship visas, processing times can still vary based on several factors, including the specific USCIS office or consulate handling the case.
Closing Thoughts
Yes, your U.S. citizen child can sponsor you for an American visa, but they must be at least 21 years old and meet the financial requirements. The process involves several stages, from filing the I-130 petition to attending a visa interview, but it’s generally faster than other family-based visa categories due to the immediate relative classification.
With proper preparation and patience, you can navigate this process smoothly and reunite with your children in the United States.
