If you are born in the United States, you are automatically a citizen under the 14th Amendment. Once you turn 21, this status gives you the right to sponsor certain family members for legal permanent residency, including your parents. According to U.S. Citizenship and Immigration Services guidelines, immediate relatives of U.S. citizens, such as parents, are given priority in the immigration system.
As a citizen, you must submit Form I-130 to demonstrate your relationship to your parents. Provide supporting documents, such as your birth certificate and identification documents for your parents.
Adjustment of status within the United States
Immediate relatives are not subject to annual quotas, meaning visa availability occurs immediately after USCIS approves the I-130. And, parents who entered legally or through parole-in-place (often military-related) can file Form I-485, which can change their immigration status without making them leave the country first.
Consular processing outside the United States
Parents who entered without authorization generally must return to their home country to complete the immigration process. Doing so may trigger 3- or 10-year reentry bans, though hardship waivers under the Immigration and Nationality Act, Section 212(a)(9)(B)(v) can provide relief.
Common barriers to these types of adjustment
The primary barrier is unlawful entry. Parents who entered without inspection typically cannot adjust their status domestically unless special circumstances apply, such as military parole-in-place or eligibility under Section 245(i) of the Legal Immigration Family Equity Act. Unlawful presence can trigger multi-year entry bans, making hardship waivers necessary.
There are other inadmissibility issues. The most common bar is from criminal convictions or certain medical conditions, which complicate or prevent adjustment without securing waivers.
Alternative options and waivers
There are alternative options, like Section 245(i). This section allows adjustment within the United States despite unlawful entry, if a qualifying petition was filed by April 30, 2001, and upon payment of a penalty fee.
Another option is Parole in Place. This is available for immediate relatives of active-duty military personnel or veterans, and it provides lawful entry status to undocumented parents. Though, the availability of this option may be restricted soon.
Finally, there are Humanitarian Visas. Programs such as U visas, asylum or Special Immigrant Juvenile Status may provide alternative pathways depending on eligibility. Again, however, these have been limited or canceled recently.
Collect documentation confirming U.S. citizenship and parental identities. Verify the parents’ entry records and any past immigration filings. Follow official instructions closely when preparing Forms I-130, I-485, DS-260 or I-290B. Finally, monitor application progress through the USCIS website or consular portals.
