Family Petition for a Parent

Family Petition for a Parent

“As a U.S. Citizen,
1) Can I petition for my mother who is living in Mexico?
2) I heard that I cannot petition for her if I have not filed my last 2 years of taxes and don’t have a job.”

To answer the first question: YES, provided that:
(1) a person who petitions for their mother is 21 years of age or older,
(2) has a birth certificate that proves the parental relationship, and
(3) the mother is ‘admissible’ to the United States. This third requirement of ‘admissibility’ is very important. Any issues such as: criminal background, prior deportations, or unlawful presence in the United States for more than one year etc. are concerns that must first be clarified by talking to a licensed attorney. Circumstances of each individual vary and your attorney can determine eligibility accurately.
Note: petitioning for a father is almost the same but requires other matters to be explored—not explained here.

My response to the second comment about “having a job and taxes” is: THAT’S ABSOLUTELY NOT TRUE

A person does not need to have ever filed taxes to petition for their parent. As a matter of fact, no financial documents are even needed to file the petition. Only after the petition is approved will the petitioner have to show that they currently earn above a certain amount (without being too technical –125% of the poverty rate). (For a single person filing their mother this is equivalent to about $19,500 per year). BUT–even if they do not earn that, there are [simple] alternatives to that requirement.

I wonder how many other people out there are not petitioning for a parent or spouse abroad because they have never filed taxes and have been wrongly informed that they do not qualify. It is unfortunate that families live apart when they could follow the law to their benefit and unite. As a general note, do not take advice from people who don’t have any knowledge of immigration laws. And even when you do consult with an immigration attorney, feel free to always get a second opinion to make sure you make the best decision for yourself and your loved ones.