I-130 Petition For Alien Parent: Fill & Download for Free

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PDF Editor FAQ

If my grandfather was an American Citizen, and non of my parents are citizens, can this help me to obtain citizenship or residency?

Regrettably, no. Even if your grandfather was alive, he could not petition for you as an alien relative. It would have to be one of your biological parents if either is a U.S. citizen (non-adoptive parents if you were adopted at 16 or older, or stepparent if they married one your other parent after you turned 18 years old).The only other possibility is if you have a sibling (brother/sister) who are U.S. citizens. If that is the case, your sibling may do this through form I-130 “Petition for Alien Relative”.Best of luck,Hugo

If one renounces U.S. citizenship, is it possible to regain it in the future?

If you were born in the United States, I'm curious of you could reclaim citizenship by birthright, or if you must give up that claim upon renouncing. It sounds like you are irrevocably giving up your birthright citizenship by the process of renouncing.Presuming you would then be treated as any other foreign national (I don't know if that presumption is true), you would need to pursue either temporary immigration (e.g. an H1-B work visa), economic residency (e.g. EB-5), or a petition by a relative (I-130 petition).For example, if you parents or children were still U.S. citizens and residents, they could file an I-130 petition. Your waiting time between petition and interview would be approximately 7 years.Presuming you are renouncing to eliminate double-taxation of your future income, your fastest way of return would be to apply for an EB-5 visa. You'll need to make a $1M investment and it will take about 1 year. Are you going to save more than $1M in taxes on future earnings/gains?If you are married to a U.S. citizen, then you could renounce alone and not have your spouse renounce. Your spouse then files married filing separately, which doesn't include your income. You can no longer transfer unlimited income and assets between yourselves. When you return, your spouse files an I-130 petition for alien relative, and as a spouse you have immediate priority (no waiting list); concurrently file an I-485 Adjustment of Status within the U.S. and you're good (less than a year processing). Costs a few thousand dollars.For the EB-5 or the I-130 you get a green card not citizenship. Citizenship (naturalization) takes a minimum of 5 years of permanent residency (3 years if via spouse). If you come in temporary like on an H1-B there's an additional process to become permanent (green card) first, which I believe takes a minimum of 3 years.

Can green card holders immigrate their parents to the US?

No - as a Legal Permanent Resident you are only eligible to apply for the following relatives:Your spouse;Your unmarried child under 21 years of age; orYour unmarried son or daughter 21 years of age or older.If you want to sponsor your parents you will need to wait until you have obtained US Citizenship. For more information, here is the I-130, Petition for Alien Relative page on the USCIS website and the instructions for filing the I-130.

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