Law Offices of Stuart J. Reich, PLLC

Practice Limited to Immigration & Nationality Law

11 Broadway, Suite 615
New York, NY 10004

(212) 430-6582 phone
(212) 430-6583 facsimile

Can I bring my parents with me to live in the US while I’m there?

Q: Many people coming to the US on nonimmigrant visas live in close-knit families abroad – often in cultures where their parents live with them. Is it possible to bring parents with you to the US?

A: Unfortunately, in most cases it isn’t. Most nonimmigrant visas (student, visitor, employment etc. temporary visas) allow for “derivatives” – spouses and children under the age of 21.

But, they don’t allow for parents of the nonimmigrant to enter as derivatives.

It may be possible in some cases to obtain longer-term visas for parents as principal applicants (based upon their own intentions/qualifications), – for instance, retired parents who have ample funds and a life-long love of learning have obtained F-1 student visas to come and study here.

However, in most cases parents are relegated to occasional visits on B-1/B-2 Visitor visas or under the Visa Waiver/ESTA program.

Q: Is there anyone who CAN bring their parents with them to the US?

A: The only people who can petition to bring their parents to the US full-time, as permanent residents, are US citizen children over the age of 21.

Individuals in this situation can sponsor parents for US permanent residence (green cards). However, often the issue here isn’t so much day-to-day financial support but arrangements for insurance and long-term medical care; most new permanent residents won’t immediately be eligible for government programs providing health care for elderly parents.

Guidelines for meeting the support obligation were updated in late January of 2018, however, to allow consular officers to consider other factors beyond the I-864 Affidavit of Support. It may now prove more difficult in the future to petition for parents to enter the US without additional evidence of support beyond what the Affidavit of Support typically requires.

Contact us here to arrange a consultation, to inquire about retaining us to handle your immigration matter, or simply to suggest topics you would like to see covered on our site.

The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.