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This petition is the first step for the parent of a United States Citizen to obtain a green card. We always screen green card cases to determine if the green card beneficiary can qualify for a green card without leaving the United States through the Adjustment of Status process if the beneficiary is present in the United States. However, not all green card beneficiaries will qualify for the Adjustment of Status process.
If Adjustment of Status is not an option, then the beneficiary's case will be reviewed to confirm eligibility to process the application through the U.S. consulate abroad. In this case, our client would not qualify for the adjustment of status process which will require processing through the consulate. Furthermore, the client will need to apply for a waiver to have a potential ten year bar forgiven for living in the United States for more than one year. After approval of the I-130 petition filed by the client's U.S. citizen son, the case will now proceed to apply for the immigrant visa with the National Visa Center and the waiver of the ten year bar. Eventually, after the waiver is approved and the immigrant visa is processed, the case will be scheduled for an interview with a consular officer. Since the client has no other disqualifying issues like criminal history or medical issues, the case will likely be approved which will result in the immigrant visa being issued in the client's passport allowing the client to return and entering the United States as a legal permanent resident which is also referred to as a green card holder. Some weeks later, after entry, the United States Citizenship and Immigration Service also known as USCIS will mail the green card to the client's address.