Family-based immigration

Am I Eligible?

If you are a U.S. citizen and at least 21 years old, you are eligible to petition to bring your parents to live and work permanently in the United States. As the sponsor of your parents, you must show that your household income is sufficient to support your family and your parents at 125% or more above the U.S. poverty level for your household size. For more details about meeting this income requirement, see Filing an Affidavit of Support for a Relative.

If you are a lawful permanent resident, you are not eligible to petition to bring your parents to live and work permanently in the United States.

The Process

An immigrant (also called a "lawful permanent resident") is a foreign national who has been granted the privilege of living and working permanently in the United States. Your parents must go through a multi-step process to become an immigrant. First, the U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant petition that you file for your parents. Second, the State Department must give your parents an immigrant visa number, even if they are already in the United States. Third, if your parents are already in the United States legally, they may apply to adjust to permanent resident status. If they are outside the United States, they will be notified to go to the local U.S. Consulate to complete the processing for an immigrant visa.

Obtaining an Immigrant Visa Number

If the immigrant visa petition is approved, an immigrant visa number will be immediately available to your parents.

Work Permits

Your parents do not need to apply for a work permit once they are admitted as an immigrant with their immigrant visa or have already been approved for adjustment to permanent resident status. As a legal permanent resident, your parents should receive Permanent Resident Cards (commonly referred to as 'Green Cards') that will prove that they have a right to live and work in the United States permanently. If your parents are now outside the United States, they will receive a passport stamp upon arrival in the United States. This stamp will prove that they are allowed to work until a Permanent Resident Card is created.

If your parents are in the U.S. and have applied to adjust to permanent resident status (by filing USCIS Form I-485, Application to Register Permanent Residence or Adjust Status), they are eligible to apply for a work permit while their case is pending. Your parents should use Form I-765 to apply for a work permit (see Obtaining a Work Permit for more information).