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Opinion

Considerations in petitioning a parent  

US IMMIGRATION NOTES - Atty. Marco F.G. Tomakin - The Freeman

One of the situations in which a greencard can be obtained is through a family-based immigrant visa petition by a US citizen adult son or daughter for a parent. This is classified as an immediate relative petition and as such there is a visa immediately available and it is not subject to numerical limitations. I have helped a lot of clients who have filed petitions for their parents either through consular processing or through adjustment of status. Through the years I have learned some insights which I think ought to be considered if you intend to file a petition for your parents.

First, have a serious discussion with your parents. Make sure that they are agreeable to your decision of filing a petition for them. Make them understand that while there are a lot of opportunities here in the US, there are also a wide array of differences, challenges, and barriers in terms of culture, language, social structures, and even what seems to be minor factors such as food or weather.

Explain to them that they may have less independence and mobility here in the US as they may depend on you for driving around, going to appointments, attending church services, or even buying their own basic necessities. Unlike in the Philippines where they can easily go to the malls or wherever and whenever they want to go, here in the US, they may be curtailed since they don’t drive or they may not earn like how much they used to in the Philippines.

Second, your parents’ personal circumstances play a big role in their decision to stay in the US or not. Age, family size, ability to work, health are some of the factors that you have to consider. If your parents are in their late 50s or 60s, they may want to come here in order to work or travel. If you have a large family still left in the Philippines, your parents may choose to live with them rather than living here in the US where they are often left by themselves at home during the day while you are out working.

If your parents have a medical condition, staying in the US may be the best option as there are readily available and accessible healthcare services here as compared to the Philippines.

Third, remember that when your parents arrive here in the US, they are permanent residents. As such they are expected to stay and live here. If your parent prefers to go back to the Philippines and expect to stay there for an extended period of time after they were issued the greencard, they might want to apply for re-entry permit so that they can preserve their permanent residency status. But they cannot do this often. At some point, they must decide where they want to live permanently. It is very costly to be traveling back and forth between the Philippines and the USA every six months or so just to maintain permanent residency.

These are some of the factors you need to consider before filing a petition for your parents. An open and honest conversation with them prevents any hard feelings in the future from either parties. Also, be prepared that they could change their minds. After all your discussions and their assent to live here, they might have a change of heart once they arrive here. I have seen parents who decided to go back to the Philippines because they cannot stand the way of life here in the US. All the sacrifices that you made in filing the petition will go to naught if they realize that they missed the Philippines so much and they want to go back.

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