Sponsoring an aging Irish parent to come live in the US
One of my calls this week was from a young Irish man who lost his father tragically this year. His mother who has been distraught since his fathers passing came over to spend time with him in an effort to recover. Larry emailed me to inquire about sponsoring his mother to live here with him.
Fortunately for Larry’s, some years ago I helped him apply for and become a US citizen. This now makes life a lot easier for them both in terms of the family sponsorship petition.
Filing for parents
In general if you are a U.S. citizen and at least 21 years old, you can petition to bring your parents to live and work permanently in the United States. Since Larry’s mother is already in the United States, she can if otherwise eligible 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) website: www.uscis.gov. If his mother was back at home in Ireland, then he’d have to consular process by filing the I-130 form to the local US CIS service center.
We also see a lot of marriage based petition cases at the IPC. Petitioning for a spouse is a similar process. These petitions should be reviewed by an immigration attorney or experienced immigration counselor before they are submitted to the USCIS.
Bars to entry
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. Examples of applicants who must be refused visas are those who: have a communicable disease such as tuberculosis, have a dangerous physical or mental disorder, or are drug addicts; have committed serious criminal acts; are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals; have used illegal means to enter the United States; or are ineligible for citizenship.
Affidavit of Support
I checked with my caller with regard to whether or not he makes enough income to meet one of the requirements when filing for his father and he does. In such an immigration case, the petitioner/sponsor must provide an Affidavit of Support, Form I-864.
Applicants for permanent residency must submit certain personal documents such as passports, birth certificates, police certificates, and other civil documents.
Before the issuance of an immigrant visa, 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, in addition to the visa fees.
December legal clinic
Our next clinic will be on the first Tuesday of December, 4th, at 6:30 pm in The Banshee, 934 Dorchester Avenue, Dorchester.
Email me today with your immigration query or a topic you would like us to cover: Kieran@ipcboston.org
Disclaimer: Please note that the information contained in it is provided to inform generally, and is not intended as a substitute for individual advice. Immigration law is subject to frequent changes and individual circumstances can affect the application of certain legal provisions. For individual legal advice, please contact the Irish Pastoral Centre directly regarding upcoming legal clinics or consultation with an immigration attorney.