Parents are non-immigrants, but they gave birth to children in the United States. Can parents go through immigration formalities?

Parents can apply for immigration after their children are 2 1 year old.

According to the immigration law of the United States, American citizens aged 265,438+0 or above have the legal qualification to apply for permanent residence and residence of their parents in the United States. Permanent legal residents of the United States (green card holders) do not have this qualification. The meaning of "parents" in American immigration law includes: biological parents (whether born in wedlock or not), stepparents and adoptive parents.

Because the parents of American citizens are immediate family members, American immigration law stipulates that there is no limit on the number of immigrant visas for parents of American citizens to apply for green cards.

If the parents of American citizens are outside the United States, their children can apply for i- 130 first. The materials to be submitted include: American citizenship paper, birth notarization (father's name is required), parents' marriage certificate, etc.

After i- 130 is approved, I will wait for the notice from the American visa center, then prepare the financial guarantee and apply for an immigrant visa at the Guangzhou Consulate. After the immigrant visa is passed, you can go to the United States for permanent residence.

If the parents of American citizens are already in the United States and have entered the country as legal non-immigrants, they can apply for adjustment of their status. In this case, they must apply to the Immigration Bureau through the "two-in-one" application procedure of i- 130/i-485, and get approval after the interview.

American citizens applying for parental immigration should also pay attention to the following points:

1. American citizens whose parents apply need to submit two applications.

2. If the parents of American citizens adjust their status in the United States, the application for I- 130/I-485 should be filed 60 days after the parents enter the country, otherwise the application for I-485 will be rejected due to immigration tendency. Immigration law does not require parents of American citizens to be valid when applying for I-485, as long as they enter the country legally. Therefore, even if the parents who apply for I-485 overstay in the United States, when their I-485 application is accepted by the Immigration Bureau, their status has been legalized, that is, they live legally, waiting for I-485 processing. During this period, they can apply for work permits, etc.

3. According to the immigration law, if the applicant has lost his identity for more than 6 months when submitting the I-485, the immigration office will generally no longer approve the US return paper. In some cases, the immigration office will still approve the US return paper, but even if the applicant has the "US return paper" to leave the country, he may not be allowed to re-enter the United States. Because the immigration law stipulates that people who have lost their identity for more than six months are not allowed to enter the country for three years.

The kinship between American citizens and their parents is extremely important in the examination of immigration applications. If the American citizen's father is not his biological father, but he married the American citizen's mother before his birth, and his father's name is written on the birth paper, then the father still meets the requirements of American immigration law.