Can a 21-Year-Old American Citizen Son File for a Parent Visa While in University?

Yes, a 21-year-old American citizen can file a petition for a parent visa on your behalf, even if they are still in university. This article explores the various steps, requirements, and considerations involved in such a process.

The Petition Process

To file for a parent visa, your American citizen son must submit Form I-130, Petition for Alien Relative. This form serves to establish the family relationship and is the first step in the process.

Eligibility

The process allows a 21-year-old U.S. citizen to sponsor their parents for a green card. Therefore, your eligibility to come to the U.S. as a parent of a U.S. citizen falls under this category.

Processing Time

The processing time for the I-130 petition can vary, but it typically takes several months. Once the petition is approved, you will need to either go through consular processing or adjustment of status. The choice between these two processes depends on your current location and status.

Documentation Required

In addition to the I-130 petition, the following documents must be provided:

Proof of your relationship, such as a birth certificate or marriage certificate if applicable Affidavit of Support (Form I-864) to demonstrate financial capability Documentation of the sponsor's U.S. citizenship or legal permanent residency Evidence of the sponsor's ability to financially support you, such as pay stubs, tax returns, and bank statements

Financial Support

A key requirement for sponsorship is that the son must show sufficient resources to support you if you fall on hard times. While being a university student may affect his financial resources, it does not prevent him from filing the petition. However, if he does not meet the income requirement, he may need a joint sponsor to help meet the financial criteria.

Recommendations

While your son has the age requirement satisfied, he might need to wait until he graduates and finds a job with a more stable income to ensure he meets all the financial support requirements. Consulting with an immigration attorney would be advisable to get detailed guidance specific to your situation.

Remember, the key to a successful visa application lies not just in the sponsorship but also in thoroughly understanding and fulfilling all the requirements.