From Legal Status to US Citizen

This week, a young Irish man who I helped become a legal resident years ago will become a US citizen.  I have worked closely with Alan and his family over the years and Chris Lavery, our pro-bono attorney and IPC board member, has also been of great help in the case.

Alan’s swearing in ceremony this week brings him many benefits as a new US citizen.  He no longer has to worry about losing his green card; there are more jobs he can apply for as a US citizen; he will be registering to vote among other benefits.  The most important benefit to this man is he may now file for his parents who have been living in the US for over a decade waiting for this day. 

 Sponsoring parents as a US citizen

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. In the case we’re working on this week, the parents are already in the United States, so they may apply to adjust to permanent resident status.  The package of forms needed is the I-130/485 package available at the US Citizenship and Immigration Service (USCIS) site: www.uscis.gov

Others issues in such cases

The immigration laws of the United States, in order to protect the health, welfare, and security of the United States, prohibit the issuance of a visa to certain applicants. Medicals have already been scheduled for Alan’s parents.  Examples of applicants who may be refused visas include those who may have a communicable disease such as tuberculosis, or have a dangerous physical or mental disorder, or are drug addicts, or have committed serious criminal acts.

Affidavit of Support

One of the forms Alan will have to provide as part of the package to sponsor his parents is an Affidavit of Support, Form I-864 which I wrote about recently.  Its purpose is to guarantee to the government that his parents will not become public charges. Applicants must also submit certain personal documents such as passports, birth certificates, police certificates, and other civil documents.

Before the issuance of a green card, every applicant, regardless of age, must undergo a medical examination. The examination will be conducted by a doctor designated by the consular officer. Costs for such examinations must be borne by the applicant.  

Relatives overseas

If the parents were living in Ireland, then Alan would have had to consular process by filing the I-130 form to the local US CIS service center. Once CIS approves the petition, they send the petitioner a notice of approval, Form I-797. CIS will also forward the approved petition to the Immigrant Visa Processing Center, which will contact the intending parent with further information.  This process frequently takes a lot longer.

Legal Clinic

If you have any questions on visas, green cards or US citizenship, attend our legal clinic on Tuesday Aug. 4^th starting at 6:30 PM - Bad Abbots, 1546 Hancock St (rear)., Quincy for a free consultation with our team of immigration and citizenship experts.

Disclaimer:  These articles are published to inform and not as advice.  Areas of law are always changing.  The USCIS and US Department of State frequently amend regulations and alter processing and filing procedures.  For legal advice seek the assistance of one of our pro bono immigration attorney at our monthly clinics.