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Only a Citizen of the U.S. over the age of 21 may file an immigrant visa Petition for a Parent to become a Lawful Permanent Resident.

The Parents of U.S. Citizens are considered Immediate Relatives. Visas are always available for immediate relatives of U.S. Citizens. This means that they do not have to wait in line for an immigrant visa to be available.

U.S. Citizens can also petition a step-parent. There is no limitation on the number of parents for whom a single Petitioner may file visa Petitions. For example, if the (alien) biological parents of the Petitioner divorced and both remarried other aliens PRIOR to the Petitioner’s 18th birthday, the Petitioner could file Petitions for his/her biological mother and biological father, as well as his/her stepmother and stepfather.

Filing a petition is only the first step in the process to help your Parents immigrate to the United States. The filing and/or approval of a petition does NOT give your Parent any status in the United States.

If your Parent is inside the United States (through lawful admission, parole or is protected under §245(i) of the INA); your Parent can apply to Register Permanent Residence or Adjust Status at the same time as the filing of the petition, OR once USCIS approves the petition, your Parent can apply for Adjustment of Status.

If your Parent is inside the United States but is NOT eligible to adjust status, he/she may need to request a Provisional Unlawful Presence Waiver BEFORE departing the United States to appear at a U.S. Consulate for an immigrant visa interview.

If your Parent is outside of the United States, USCIS will send the approved petition to the Department of State's National Visa Center (NVC) to initiate the immigrant visa pre-processing, including the collection of any applicable fees, the Immigrant Visa Application, supporting civil documents, police certificate(s), Affidavits of Support, and financial documents.

NOTE: Lawful Permanent Residents are NOT eligible to petition for their parents. If you are a Lawful Permanent Resident and you wish to naturalize in order to file a Petition for your parent(s), visit our Become a U.S. Citizen Through Naturalization page.

In order to file a petition for your Parent:

  • You MUST be a U.S. Citizen and at least 21 years old;
  • If you are petitioning your mother, you must be able to establish that relationship;
  • If you are petitioning your father, you must be able to establish that relationship and prove that your father was married to your mother BEFORE your 18th birthday.  If you are filing for your father and you were born OUT of wedlock, you must present evidence that a bona fide parent-child relationship existed and/or exists between you and your father BEFORE you reached 21 years of age.

In order to file a petition for a Stepparent:

  • You MUST be a U.S. Citizen and at least 21 years old;
  • If you are petitioning a stepparent, you must show that your biological parent was married to your stepparent BEFORE your 18th birthday.

In order to file a petition for your Adoptive Parent:

  • You MUST be a U.S. Citizen and at least 21 years old;
  • If you are petitioning an adoptive parent, you must show that the legal adoption took place BEFORE you turned 16 years of age.

The USCIS filing fee for Form I-130, Petition for Alien Relative is $535

Signature’s Form Preparation Service fees DO NOT include USCIS filing fees, biometric service fees or any other fees to be paid to the government. Any fee intended for the government is a separate fee and must be paid at the Client’s expense directly to USCIS.  Signature does not do that for you.

You may pay the USCIS filing fees with a money order, personal check, cashier’s check or by credit card. If you pay by check or money order, you must make your check payable to: “U.S. Department of Homeland Security”. You must submit all fees in the exact amount. DO NOT MAIL CASH.

NOTE: USCIS filing fees and biometrics service fees are final and non-refundable, regardless of any action USCIS takes on your application or petition, or if you withdraw your petition.

Once USCIS receives your application or petition you will receive:

  • Form I-797C, Notice of Action confirming receipt of your application and the filing fees.
  • If required, USCIS may issue a Request for Evidence (RFE) to request missing initial or additional evidence.
  • A Notice of decision or Approval Notice by mail,  if your application is approved.

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