Springfield, GA Immigration Law Firms & Lawyers

A 21-year-old U.S. Citizen may petition for his/her parents to become Permanent Residents in the "Immediate Relative" visa category. If the U.S. Citizen child does not have sufficient documentable income to meet the Affidavit of Support obligations, then it will be necessary to have a co-sponsor (although the child also will need to file an Affidavit of Support for each parent). The co-sponsor need not be a relative, and generally any U.S. Citizen or Permanent Resident who has sufficient income and is willing to assume the Affidavit of Support responsibilities may qualify. The monetary savings of the parents will not form an exception to these requirements. It would be wise to engage an immigration attorney to assist with this type of case.

Generally an adult U.S. citizen may sponsor a foreign national parent to adjust status in the U.S. to become a Lawful Permanent Resident (to get a "Green Card") if the parent entered the U.S. lawfully and with inspection (such as with a B1/B2 visitor's visa). This is true even if the parent may have overstayed the original visa. There are many more details that govern eligibility, and it would be wise for you and your mother to consult with an immigration lawyer who, after learning all of the relevant details, will be able to advise about eligibilities, options and strategies and will be able to offer legal representation in the often quite complex application process.

Generally, eligibility for a visitor's visa turns on whether an applicant can demonstrate to immigration officials that he/she can be expected to travel to the U.S. only temporarily and then depart - this is known as demonstrating nonimmigrant intent. Having a pending I-130 application can be deemed to reflect an intention to remain in the U.S. permanently - this is known as having immigrant intent. Depending upon all of the circumstances, it may be possible to demonstrate nonimmigrant intent notwithstanding a pending I-130. That may include, for example, having an I-130 in a family-based visa category for which there is a long backlog for visas; availability of evidence that the applicant will travel without his/her children or other close family members; evidence of a temporary leave of absence from work; evidence of a residential lease or home ownership abroad; evidence of banking, credit and other relationships abroad; etc. It would be wise for you to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.