“Can I Get My Parents a Green Card If I Am a U.S. Citizen?”
If you are a U.S. citizen and your parent is undocumented, you may be wondering:
Can I petition for my mom or dad to get a green card?
The answer is: It depends on how your parent entered the U.S., their immigration history, and whether they qualify for any exceptions. Simply being a U.S. citizen over 21 years old is not always enough, especially if your parent entered the country without inspection.
In this post, we’ll walk through the full process, common barriers, and possible solutions.
Step 1: Are You Eligible to Petition for a Parent?
As a U.S. citizen age 21 or older, you can file an I-130 petition (Petition for Alien Relative) for your biological or adoptive parent. If the I-130 is approved, it establishes that a valid parent-child relationship exists, and it gives your parent a chance to apply for a green card.
But that’s only Step One. The I-130 does not grant a green card, your parent still has to apply for lawful permanent residence, either through:
Adjustment of Status (if they are in the U.S. and eligible to apply from inside the country), or
Consular Processing (if they are outside the U.S., or ineligible to adjust here).
Step 2: How Did Your Parent Enter the U.S.?
This is the key question. The U.S. immigration system only allows a person to apply for a green card from inside the country (via Adjustment of Status) if they entered the U.S. in a lawful way, such as:
With a visa (e.g., tourist or student)
With advance parole
Through a parole program (such as Parole in Place for military families)
This is called being “inspected and admitted or paroled.”
But if your parent entered without inspection (EWI), for example, by crossing the border without speaking to an immigration officer—then they are barred from applying for a green card inside the U.S., unless they qualify for a rare exception (discussed below).
Step 3: Can They Apply for a Green Card in the U.S.?
Your parent can only apply for a green card in the U.S. if:
They entered legally, and
They are not subject to other bars to adjustment (such as certain criminal history or prior fraud)
If your parent entered without inspection, they cannot adjust status through you, even if you are a U.S. citizen, unless one of these exceptions applies:
Exceptions That May Allow Adjustment of Status Despite Entry Without Inspection:
245(i) Grandfathering
If your parent (or their parent, spouse, or employer) had an I-130 or labor certification filed on or before April 30, 2001, they may be allowed to apply for a green card inside the U.S. after paying a \$1,000 penalty.Parole in Place (PIP)
If you or one of your siblings is serving or has served in the U.S. military, your parent may be eligible for a special parole program that creates a lawful entry. This allows them to adjust inside the U.S.Advance Parole from DACA/TPS
If your parent had DACA or TPS and traveled on advance parole and re-entered the U.S. lawfully, that entry may count as “admission,” making them eligible to adjust status.Humanitarian Relief (VAWA, U Visa, Asylum)
If your parent is eligible for protection under one of these humanitarian programs, they may be able to apply for a green card through a different process.
Step 4: If They Can’t Apply in the U.S., Can They Apply From Abroad?
If your parent cannot adjust status in the U.S., they would have to leave the country and apply for a green card through Consular Processing. However, this carries a very serious risk.
If your parent has been in the U.S. without lawful status for:
More than 180 days, they may face a 3-year bar from returning
More than 1 year, they may face a 10-year bar from returning
These bars apply as soon as they leave the U.S. to attend their consular interview abroad.
Is There a Waiver for the 10-Year Bar?
Yes, but there’s a catch: the waiver (Form I-601A) is only available if your parent can show that their **U.S. citizen or green card spouse or parent would suffer “extreme hardship” if they are not allowed to return.
A U.S. citizen child does NOT qualify as the hardship relative.
So even if you are a U.S. citizen over 21 and your parent has no criminal history, they still may not be able to get a green card unless:
They qualify for an exception that allows adjustment inside the U.S., or
They have a U.S. citizen or LPR spouse or parent to support the waiver from outside the U.S.
What Happens If They Leave Without a Waiver?
If your parent leaves the U.S. after accruing unlawful presence and does not have a waiver approved, they may be stuck outside the U.S. for 10 years with no way to return.
That’s why it’s extremely important to get legal advice before starting any application or traveling abroad for an interview.
Summary:
If you are a U.S. citizen and your parent entered without inspection and has lived in the U.S. for many years, you can file an I-130 petition, but that does not mean your parent can get a green card.
If your parent entered with inspection, they may be eligible to adjust status inside the U.S.
If they entered without inspection, they cannot apply for a green card from inside the U.S. unless they qualify for a narrow exception.
If they try to apply from outside the U.S., they may trigger a 10-year bar—and there is no waiver available unless they have a U.S. citizen or LPR spouse or parent.
What You Can Do Now:
Every immigration case is different. Past petitions, old immigration records, or humanitarian factors can change the outcome. The best first step is to consult with an experienced immigration attorney who can review your family’s full history and identify any possible paths forward.
At New Horizons Legal, we help families understand their options and build safe, realistic plans. We are trauma-informed, culturally competent, and deeply committed to helping our community navigate the immigration process with dignity.
Contact us today for a consultation.
Can I Get My Parents a Green Card If I’m a U.S. Citizen?
Do you have a U.S. citizen child age 21 or older?
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How did your parent enter the U.S.?
Inspected or Paroled → May qualify for Adjustment of Status
Entered Without Inspection → Must qualify for an exception
Exceptions that may apply:
245(i) grandfathering
Parole in Place (military)
Advance Parole (DACA/TPS)
VAWA, U visa, asylum
No exception? Must apply from abroad (Consular Processing)
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Has your parent been in the U.S. unlawfully for 1+ year?
Yes → Leaving triggers 10-year bar
No → May apply abroad without bar
To waive 10-year bar, must have U.S. citizen or LPR **spouse or parent** (not child)
No qualifying relative? Parent cannot return for 10 years.
info@newhorizonslegal.com
918-221-9438
