Is It Necessary to File Individual I-130 Petitions for Your Parents in the U.S. Immigration Process-
Do you have to file separate I-130 for parents? This is a common question among individuals seeking to bring their parents to the United States. The answer to this question depends on various factors, including the relationship between the applicant and the parents, the immigration category under which the parents are being sponsored, and the applicant’s own immigration status. In this article, we will explore the circumstances under which you may need to file separate I-130 forms for your parents.
The I-130 form, officially known as the Petition for Alien Relative, is a crucial step in the family-based immigration process. It allows U.S. citizens and lawful permanent residents to sponsor their immediate relatives, including their parents, for immigration to the United States. However, the process can become complex when it comes to filing for multiple parents, especially if they are married.
When filing for parents who are married, it is generally necessary to file separate I-130 forms for each parent. This is because the U.S. Citizenship and Immigration Services (USCIS) treats each parent as an individual when processing family-based immigration petitions. Therefore, if the applicant wishes to sponsor both parents, they must submit two separate I-130 forms, one for each parent.
However, there are exceptions to this rule. If the applicant’s parents are legally separated or have been separated for an extended period, they may be able to file a joint I-130 form. This is because USCIS recognizes that there may be valid reasons for their separation, such as legal issues or health concerns. In such cases, the applicant should provide evidence of the separation and seek guidance from an immigration attorney to determine if a joint petition is appropriate.
Another factor to consider is the applicant’s own immigration status. If the applicant is a U.S. citizen, they can sponsor their parents for immigration regardless of their parents’ marital status. However, if the applicant is a lawful permanent resident, they may face limitations. USCIS may only approve a limited number of family-based immigration petitions for lawful permanent residents, known as the annual quota. If the applicant has already used up their quota, they may need to file separate I-130 forms for their parents.
Moreover, the filing process can vary depending on the applicant’s immigration category. For instance, if the applicant is a U.S. citizen and their parents are in the United States, they may need to file separate I-130 forms for each parent. However, if the parents are outside the United States, the applicant may be able to file a single I-130 form for both parents, as long as they are married.
In conclusion, whether you have to file separate I-130 forms for your parents depends on various factors, including their marital status, the applicant’s immigration status, and the immigration category under which the parents are being sponsored. It is essential to consult with an immigration attorney to ensure that you are following the correct procedures and maximizing your chances of successfully bringing your parents to the United States. By understanding the complexities of the I-130 filing process, you can take the necessary steps to secure a better future for your loved ones.
