Immigrant Visas – Green Card

1. Permanent Residency / Green Card

A green card offers permanent residence and gives you all the benefits of living, working, and studying in the United States. With a green card, you can enter and leave the country freely. You will also be eligible to receive education, social security, retirement, and health benefits. Your green card is basically good for life if you keep up renewal and eligibility requirements. In addition, you always have the option to apply for United States citizenship if you meet the requirements.

A United States Permanent Resident Card, also known as a green card, is an identification card attesting to the permanent resident status of an alien in the United States of America. Green card also refers to an immigration process of becoming a permanent resident. The green card serves as proof that its holder, a Lawful Permanent Resident (LPR), has been officially granted immigration benefits, which include permission to reside and take employment in the USA. The holder must maintain permanent resident status, and can be removed from the US if certain conditions of this status are not met.

Green cards were formerly issued by the Immigration and Naturalization Service (INS). That agency has been absorbed into and replaced by the Bureau of Citizenship and Immigration Services (BCIS), part of the Department of Homeland Security (DHS). Shortly after re-organization BCIS was re-named to U.S. Citizenship and Immigration Services (USCIS).

An alien with a green card application can obtain two important permits while the case is pending. The first is a temporary work permit known as the Employment Authorization Document (EAD), which allows the alien to take employment in the United States. The second is a temporary travel document, advance parole, which allows the alien to re-enter the United States. Both permits confer benefits that are independent of any existing status granted to the alien. For example, the alien might already have permission to work in the United States under an H1-B visa.

A "green card" gives you official immigration status (Lawful Permanent Residency) in the United States.

That means that an immigrant is a foreign national is granted the privilege of living and working permanently in the United States. Permanent Residency authorizes a foreign national to live and work in the U.S. indefinitely.

A multi-step process includes 1) approval an immigrant petition for you 2) receiving an immigrant visa number.

2. How may an alien become a legal permanent resident of the United States?

There are several ways to obtain permanent residency in the U.S, including: a petition from an employer, marriage to a U.S. citizen, sponsorship by a close relative who is a U.S. citizen or legal permanent resident, asylum seekers and refugees or winning the diversity lottery (check the web site). There are no legal immigration categories for friends, cousins, aunts or uncles or grandparents.

3. How does one obtain employment-sponsored immigration?

Employment-sponsored immigrants can come to this country under strict numerical limits. In many case, they must obtain certification from the Department of Labor and be paid at least the prevailing wage in that industry and geographic region. There are several mechanisms for temporarily working in the United States. Most popular is the H-1B category. This type visa is only valid for 3 years with a possible 3-year extension. However, during the duration of such status, it may be possible to obtain Labor Certification that would lead to legal permanent residence. Five years after becoming a legal permanent resident, one may apply for naturalization as U.S. Citizens. Also check out the INS website.

4. Which family members do qualify to become permanent residents?

A U.S. Citizen can only petition for a spouse, parent, child or sibling and a lawful permanent resident (green card holder) can petition only for a spouse or child. Moreover, immigrants enter through strict numerical limits, with the exception of the immediate relatives of U.S. citizens (spouses, minor children and parents). For more information, check out the INS website.

5. What is Family-Based Green Cards?

Family-based green cards are one of the most common ways to obtain lawful permanent resident status in the United States. You can apply for a family-based green card through a spousal, sibling, parent, or child relationship. A petition must be filed on your behalf by a family member who is a United States citizen or lawful permanent resident.

6. Can I bring my parents to live in the United States under a green card sponsorship?

A legal immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. For your parent to begin the immigration process, the following must take place:

The USCIS must approve an immigrant visa petition that you file for your parent.
If your parent is legally inside the U.S. (on a temporary visa, etc.), he or she may apply to adjust his or her status to that of a lawful permanent resident.
If your parent is outside the United States, he or she will be notified to go to their local U.S. consulate to complete the processing for an immigrant visa.

7. Who is eligible to sponsor a parent?

If you are a U.S. citizen and at least 21 years of age, you ARE eligible to petition to bring your parents to live and work permanently in the United States. If you have been legally adopted, you MAY NOT petition for your birth parent.
If you are a lawful permanent resident, you ARE NOT eligible to petition to bring your parents to live and work permanently in the United States.

8. How do I bring my mother to live in the United States?

If you are applying to bring your mother to live in the United States, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative (if you are filing for both parents, you must file a separate petition for your father).
A copy of your birth certificate showing your name and your mother’s name. If your name or your mother’s name is different now than at the time of your birth, you must provide evidence of the legal name change.
If you were not born in the United States, a copy of either your Certificate of Naturalization or Citizenship, or your U.S. passport.

9. How do I bring my father to live in the United States?

If you are applying to bring your father to the United States to live, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative (if you are filing for both parents, you must file a separate petition for your mother).
A copy of your birth certificate showing your name and the names of both of your parents. If your name or your father’s name is different from the name on your birth certificate, you must provide evidence of the legal name change.
If you were not born in the United States, a copy of either your Certificate of Naturalization or Citizenship, or your U.S. passport
A copy of your parents’ civil marriage certificate.
A copy of any divorce decrees, death certificates, or annulment decrees that would show that any previous marriage entered into by your mother or father was legally ended.

If you are applying to bring your father to the United States to live and you were born out of wedlock and were legitimated by your father before your 18th birthday and while you were unmarried, you must file the following with the U.S. Citizenship and Immigration Services.

Form I-130, Petition for Alien Relative (if you are filing for both parents, you must file a separate petition for your mother). You must provide the rest of the required proof documents.
A copy of your birth certificate showing your name.
If you were not born in the U.S., a copy of either your Certificate of Naturalization or Citizenship, or your U.S. passport.
Evidence that you were legitimated before your 18th birthday through the marriage of your birth parents, the laws of the state or country where you live, or the laws of the state or country where your father lives.
If anyone’s name has been legally changed (differs from the name on his or her birth certificate), evidence of the legal name change must be provided.

10. How do I bring my stepparent to live in the United States?

If you are applying to bring your stepparent to the United States to live, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative (if you are filing for both parents, you must file a separate petition for each parent).
A copy of your birth certificate showing your name and the names of your birth parents. If anyone’s name has been legally changed (differs from the name on his or her birth certificate), evidence of the name change must be provided.
If you were not born in the U.S., a copy of either your Certificate of Naturalization or Citizenship, or your U.S. passport.
A copy of the civil marriage certificate of your birth parent to your stepparent showing that the marriage occurred before your 18th birthday.
A copy of any divorce decrees, death certificates, or annulment decrees that would verify the termination of any previous marriage(s) entered into by your birth parent or stepparent.

11. How do I bring my adoptive parent to live in the United States?

If you are applying to bring your adoptive parent to the United States to live, you must file the following with the U.S. Citizenship and Immigration Services. If you have been legally adopted, you MAY NOT petition for your birth parents.

Form I-130, Petition for Alien Relative (if you are filing for both parents, you must file a separate petition for each parent).
A copy of your birth certificate showing your name. If anyone’s name has been legally changed (differs from the name on his or her birth certificate), evidence of the name change must be provided.
If you were not born in the U.S., a copy of either your Certificate of Naturalization or Citizenship, or your U.S. passport.
A certified copy of the adoption decree, showing the adoption occurred before your 16th birthday.
A sworn statement showing the dates and places you have lived together with your parent.

12. What is the definition of a child under immigration law?

Immigration law defines a “child” as an unmarried person under the age of 21 (a minor) who is any of the following:

A child born to parents who are married to each other (born in wedlock).
A stepchild, if the marriage creating the step-relationship took place before the child reached the age of 18.
A child born out of wedlock (the parents were not married at the time the child was born). If the father is filing the petition, proof of a bona fide (real and established) relationship with the father must be supplied.
An adopted child, if the child was adopted before the age of 16 and has lived with the adoptive parent(s) in their legal custody for at least two years.
An orphan under the age of 16, if an adoptive or prospective adoptive parent files a visa petition on his or her behalf, who has been adopted abroad by a U.S. citizen or is coming to the U.S. for adoption by a U.S. citizen.
An adopted child who is under the age of 18 and the natural sibling of an orphan or adopted child under the age of 16, if adopted with or after the sibling. The child must also otherwise fit the definition of orphan or adopted child.

13. What is the definition of a son or daughter under immigration law?

Immigration law defines a “son or daughter” as a person who was once a “child” but who is now either married or over the age of 21.

14. How do I bring my child, son or daughter to live in the United States?

A legal immigrant (or “lawful permanent resident”) is a foreign national who has been granted the privilege of living and working permanently in the United States. The process for your child or son or daughter to become a legal immigrant is as follows:

You must obtain USCIS approval of an I-130 Petition for Alien relative that you file for your child, son or daughter.
Your child, son or daughter must then receive an immigrant visa number from the Department of State, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, your child does not have to wait for an immigrant visa number, because one will be immediately available to him or her.
If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child, son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.

15. Who is eligible to sponsor a child?

A U.S. citizen may petition for:

A child (unmarried and under 21 years of age).
An unmarried son or daughter (over 21 years of age).
A married son or daughter of any age.

A U.S. citizen’s unmarried, minor child is considered an immediate relative, does not need a visa number, and is eligible to receive an immigrant visa immediately. Otherwise, sons and daughters of U.S. citizens will be eligible for a visa when their priority date is listed on the Department of State’s Visa Bulletin.

If your unmarried, minor child was admitted or paroled into the U.S., he or she may file to adjust status at the same time you file your Form I-130, Petition for Alien Relative.

A lawful permanent resident may petition for:

A child (unmarried and under 21 years of age).
An unmarried son or daughter (over 21 years of age).

A lawful permanent resident may NOT petition for a married son or daughter.

16. How do I bring my child, son, or daughter to live in the United States if I am a U.S. Citizen?

If you are a U.S. citizen applying to bring a child, son or daughter to the United States to live and you are the mother of the child, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative.
A copy of your birth certificate or U.S. passport. If anyone’s name has been legally changed and it differs from the name on his or her birth certificate, evidence of the name change must be submitted.
If you were not born in the United States, a copy of either your Certificate of Naturalization or Citizenship, or your U.S. passport.
A copy of the child’s birth certificate showing your name and the child’s name.

If you are a U.S. citizen applying to bring a child, son or daughter to the United States to live and the father or stepparent of the child, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative.
A copy of your birth certificate or U.S. passport. If anyone’s name has been legally changed and differs from the name on his or her birth certificate, evidence of the name change must be submitted.
If you were not born in the U.S., a copy of either your Certificate of Naturalization or Citizenship, or your U.S. passport.
A copy of the child’s birth certificate showing the child’s name and the names of both parents.
A copy of a civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed. If you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday.
A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse.
Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name; evidence showing the father and child lived together at some point, or that the father acknowledged the child as his own; or that he has made financial contributions to support the child; or that his general behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.

If you are a U.S. citizen and the adoptive parent of a child or son or daughter who lived with you in legal custody for two years while a child, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative.
A copy of your birth certificate or U.S. passport. If anyone’s name has been legally changed and differs from the name on his or her birth certificate, evidence of the name change must be submitted.
If you were not born in the U.S., a copy of either your Certificate of Naturalization or Citizenship, or your U.S. passport.
A copy of the child’s birth certificate showing the child’s name.
A certified copy of the adoption decree. The adoption must have taken place before the child reached the age of 16. The only exception is if you adopted the child’s sibling who had not yet reached age 16, then the older sibling must have been adopted before reaching the age of 18.
The legal custody decree if you obtained custody of the child before adoption.
A statement showing the dates and places your child has lived with you and proof that your child has lived with you and has been in your legal custody for at least two years.

17. How do I bring my child, son, or daughter to live in the United States if I am a lawful permanent resident?

If you are a lawful permanent resident applying to bring an unmarried, minor child or an unmarried son or daughter to the United States to live and you are the mother of the child, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative.
A copy of your alien registration card.
A copy of your child’s birth certificate showing your name and your child’s name. If anyone’s name has been legally changed and differs from the name on his or her birth certificate, evidence of the name change must be submitted.

If you are a lawful permanent resident and the father or stepparent of the child, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative.
A copy of your alien registration receipt card.
A copy of your child’s birth certificate showing your child’s name and the names of both parents. If anyone’s name has been legally changed and differs from the name on his or her birth certificate, evidence of the name change must be submitted.
A copy of a civil marriage certificate showing the names of both parents or proof that a parent/child relationship exists or existed. If you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday.
A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse.
Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name or evidence showing the father has made financial contributions to support the child. A blood test proving paternity may be necessary.

If you are a lawful permanent resident and the adoptive parent of the child or unmarried son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative. A copy of your alien registration receipt card.
A copy of your child’s birth certificate showing your child’s name. If anyone’s name has been legally changed and differs from the name on his or her birth certificate, evidence of the name change must be submitted.
A certified copy of the adoption decree. The adoption must have taken place before your child reached the age of 16. The only exception is if you adopted the child’s sibling who had not yet reached age 16, then the older sibling must have been adopted before reaching the age of 18.
The legal custody decree if you obtained custody of the child before adoption.
A statement showing the dates and places your child has lived with you and proof that your child has lived with you and has been in your legal custody for at least two years.

18. Can I bring my brother or sister to live in the United States with me?

Only U.S. citizens can bring their siblings to live permanently in the United States. Lawful permanent residents can not.

19. What is the process for bringing my brother or sister to live in the United States?

The process for your brother or sister to become a legal immigrant includes the following:

The USCIS must approve an I-130 Petition for Alien Relative that you file for your brother or sister.
The State Department visa bulletin must show that a sibling immigrant visa is available to your sibling based on the date you filed the immigrant visa application.
If your brother or sister is outside the United States when an immigrant visa number becomes available, your sibling will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If your sibling is legally inside the U.S. when an immigrant visa number becomes available, he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.

Depending on the relationship and the country involved, the wait for an available sibling visa number may be several years. You may refer to the Department of State’s Visa Bulletin.

20. Who is eligible as a sibling?

A sibling is a brother, sister, stepbrother, stepsister, adopted brother, or adopted sister. For the necessary sibling relationship to exist, each person must have been a child of at least one of the same parents. The siblings need not share the same biological parents as long as both became “children” at the appropriate time (before the age of 16 in cases of adoption, and before the age of 18 for stepchildren).

21. Who is eligible to sponsor a sibling?

If you are a U.S. citizen and at least 21 years old, you ARE eligible to petition to bring your brother or sister to live and work permanently in the United States.
If you are a lawful permanent resident, you ARE NOT eligible to apply to bring your brother or sister to live and work permanently in the United States.

22. How do I bring my brother or sister to live with me if we have the same mother?

If you are a U.S. citizen seeking permanent resident status for your brother or sister, and you have the same mother, you must file the following items with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative.
A copy of your birth certificate showing your name and your mother’s name. If anyone’s name has been legally changed and differs from the name on his or her birth certificate, evidence of the name change must be submitted.
If you were not born in the United States, a copy of either your Certificate of Naturalization or Citizenship, or your U.S. passport.
A copy of your brother’s or sister’s birth certificate showing his or her name and your mother’s name.

23. How do I bring my brother or sister to live with me if we have the same father but different mothers?

If you are a U.S. citizen seeking permanent resident status for your brother or sister, and you have the same father but different mothers, you must file the following items with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative.
A copy of your birth certificate showing your name and your father’s name. If anyone’s name has been legally changed and differs from the name on his or her birth certificate, evidence of the legal name change must be submitted.
If you were not born in the United States, a copy of either your Certificate of Naturalization or Citizenship or your U.S. passport.
A copy of your brother’s or sister’s birth certificate showing his or her name and your father’s name.
A copy of your father’s marriage certificate to each mother.
A copy of any divorce decrees, death certificates, or annulment decrees showing that any previous marriages entered into by your parents or your sibling’s parents ended legally.

24. How do I bring my brother or sister to live with me if one of us was born out of wedlock?

If you are a U.S. citizen seeking permanent resident status for your brother or sister, and you were and/or your brother or sister was born out of wedlock, and you are related through your father and were legitimated, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative.
A copy of your birth certificate showing your name. If anyone’s name has been legally changed and differs from the name on his or her birth certificate, evidence of the legal name change must be submitted.
If you were not born in the United States, a copy of either your Certificate of Naturalization or Citizenship or your U.S. passport.
A copy of your brother’s or sister’s birth certificate showing his or her name.
Evidence that the person who was born out of wedlock was legitimated before reaching the age of 18 and while unmarried through the marriage of that person’s natural parents, the laws of your or your brother’s or sister’s country of residence or domicile, or the laws of the father’s country of residence or domicile.

If you are a U.S. citizen seeking permanent resident status for your brother or sister, and you were and/or your brother or sister was born out of wedlock, and you are related through your father and not legitimated, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative.
A copy of your birth certificate showing your name. If anyone’s name has been legally changed and differs from the name on his or her birth certificate, evidence of the name change must be submitted.
If you were not born in the United States, a copy of either your Certificate of Naturalization or Citizenship, or your U.S. passport.
A copy of your brother’s or sister’s birth certificate showing his or her name.
Evidence that an emotional or financial bond existed between your father and the child who was born out of wedlock (either you or your brother or sister or both of you) before that child was married or reached the age of 21.

25. How do I bring my stepbrother or stepsister to live with me?

If you are a U.S. citizen seeking permanent resident status for your stepbrother or stepsister, you must file the following items with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative.
Your birth certificate showing your name and your common parent’s name (if your father married your stepsibling’s mother, your father’s name must be visible on the birth certificate; if your mother married your stepsibling’s father, your mother’s name must be visible on the birth certificate). If anyone’s name has been legally changed and differs from the name on his or her birth certificate, evidence of the name change must be submitted.
If you were not born in the United States, a copy of either your Certificate of Naturalization or Citizenship, or your U.S. passport.
A copy of your stepbrother’s or stepsister’s birth certificate showing his or her name and your common parent’s name (see above).
If your stepsibling is or has been married, you must provide evidence of the marriage (s) in order to prove that your stepsibling was once a “child” of the stepparent.
A copy of the civil marriage certificate of your natural mother to your natural father and your stepsibling’s natural mother to his or her natural father.
A copy of any divorce decrees, death certificates, or annulment decrees showing proof that any previous marriages entered into by your and your stepsibling’s father and mother ended legally.
A copy of the civil marriage certificate between a) your father and your stepmother or b) your mother and your stepfather, whichever is applicable.

If you are a U.S. citizen seeking permanent resident status for your stepbrother or stepsister and you were and/or your stepsibling was born out of wedlock, and you are related through your father, and the child born out of wedlock was legitimated, you must file the following items with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative.
Your birth certificate showing your name and your father’s name. If anyone’s name has been legally changed and differs from the name on his or her birth certificate, evidence of the name change must be submitted
If you were not born in the United States, a copy of either your Certificate of Naturalization or Citizenship, or your U.S. passport.
A copy of your stepbrother’s or stepsister’s birth certificate showing his or her name and your father’s name.
Evidence that you were and/or your stepsibling was legitimated before reaching the age of 18 and while still unmarried through the marriage of that person’s natural parents, the laws of your or your stepbrother’s or stepsister’s country of residence or domicile, or the laws of your father’s residence or domicile.

If you are a U.S. citizen seeking permanent resident status for your stepbrother or stepsister and you were and/or your stepsibling was born out of wedlock and not legitimated, you must file the following items with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative.
Your birth certificate showing your name and your common parent’s name. If your father married your stepsibling’s mother, your father’s name must be visible on the birth certificate. If your mother married your stepsibling’s father, your mother’s name must be visible on the birth certificate. If anyone’s name has been legally changed and differs from the name on his or her birth certificate, evidence of the name change must be submitted
If you were not born in the United States, a copy of either your Certificate of Naturalization or Citizenship or your U.S. passport.
A copy of your stepbrother’s or stepsister’s birth certificate showing his or her name and your common parent’s name (see above).
A copy of the marriage certificate between a) your father and your stepmother, or b) your mother and your stepfather, whichever is applicable. The date of the marriage must be prior to the date on which the child who was born out of wedlock reached the age of 18 or was married.
A copy of any divorce decrees, death certificates, or annulment decrees showing proof that any previous marriages entered into by your or your stepsibling’s father or mother ended legally.
Proof that a bona fide parent-child relationship existed between your common parent and the child who was born out of wedlock before that child reached the age of 21 or was married.

26. Who is considered a spouse?

Before you file any documents, it is helpful to understand that “spouse” means lawful husband or wife. In order to successfully petition for an immigrant visa for your spouse, your relationship with your spouse must be established, and your spouse must be admissible to the United States under the immigration law.

27. What is the process for bringing my spouse to the United States?

A legal immigrant (or “lawful permanent resident”) is a foreign national who has been granted the privilege of living and working permanently in the United States. The following is the process for your spouse to become a legal immigrant:

The USCIS must approve the immigrant visa petition you file for your spouse.
The State Department visa bulletin must show a spouse immigrant visa is available to your spouse, based on the date you filed the immigrant visa application.
If your spouse is outside the United States when your visa petition is approved and when an immigrant visa number (if required) becomes available, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If your spouse is legally inside the U.S. when your visa petition is approved and when an immigrant visa number (if required) becomes available, he or she may use the Form I-485 to apply to adjust his or her status to that of a lawful permanent resident.

If you are a U.S. citizen, your spouse is considered an immediate relative and is immediately eligible for an immigrant visa if your petition is approved. If you are a lawful permanent resident and your petition for your spouse is approved, your spouse will be notified by the Department of State when a visa number becomes available. If your spouse is outside of the United States at the time of notification, he or she must then go to the local U.S. consulate to complete visa processing. If your spouse is inside the U.S. through a lawful admission or parole and is maintaining that status at the time of notification, he or she may adjust status in the United States.

28. What do I file to bring my spouse to live in the United States?

If you are applying to bring your spouse to the U.S. to live, you will need to file:

Form I-130, Petition for Alien Relative complete with all required documentation.
A copy of your birth certificate showing your name or your U.S. passport.
If you are a citizen and were not born in the United States, a copy of either your Certificate of Naturalization or Citizenship or your U.S. passport.
If you are a lawful permanent resident (LPR), a copy of your alien registration receipt card.
Two completed and signed G-325A Forms (one for you and one for your spouse).
A copy of your civil marriage certificate.
A copy of any divorce decrees, death certificates, or annulment decrees that would show any previous marriage entered into by you or your spouse was ended legally.
A color photo of you and one of your spouse.

29. Can my spouse come to the U.S. to live while the visa petition is pending?

If you are a lawful permanent resident and you have filed for I-130 for your spouse and/or minor children on or before 12/21/00, your spouse and/or children may be eligible for the “V” visa classification if more than three years have passed since the I-130 was filed.

30. What is an Immigrant Visa Number?

The immigrant visa number is the number issued by the state department to beneficiaries of an approved immigration petition who are subject to the annual numerical limitations on worldwide immigration.

U.S. law limits the number of immigrant visa numbers available each year. This means even if the USCIS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately. In some cases, several years could pass between the time USCIS approves your immigrant visa petition and the time the State Department issues you an immigrant visa number. In addition, U.S. law also limits the number of immigrant visas available by country. This means you may have to wait longer if you come from a country with a high demand for U.S. immigrant visas.

31. Who is eligible to get an Immigrant Visa Number?

People who want to become immigrants are divided into categories based on a preference system. The immediate relatives of U.S. citizens who include parents, spouses, and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the application filed for them is approved by the USCIS. An immigrant visa will be immediately assigned to immediate relatives of U.S. citizens. The relatives in the remaining categories must wait for a visa to become available according to the following preferences:

First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
Second Preference: Spouses of lawful permanent residents and the children and unmarried sons and daughters (regardless of age) of lawful permanent residents and their children.
Third Preference: Married sons and daughters of U.S. citizens, their spouses, and their minor children.
Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses, and their minor children.

32. How do I apply for an Immigrant Visa Number?

When applying for a family-based green card, you do not directly apply for an immigrant visa number. Your relative sends a visa petition to the USCIS for you (the beneficiary) to become an immigrant. USCIS will tell the person who filed the visa petition (the petitioner) if the visa petition is approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center where it will remain until an immigrant visa number is available. The Center will notify you (the beneficiary of the application) when the visa petition is received and again when an immigrant visa number is available.

33. How can I find out when an Immigrant Visa Number will be available for me?

Each approved visa petition is placed in chronological order according to the date the visa petition was filed. The date the visa petition was filed is known as your priority date. The State Department publishes a bulletin that shows the month and year of the visa petitions they are working on by country and preference category. You can estimate the amount of time it will take to get an immigrant visa number by comparing your priority date with the date listed in the bulletin. For instance, suppose you look under your country and preference category, and see that the State Department is working on applications they received in May 1996. If your priority date is May 1998, then you may have to wait several more years for an immigrant visa number to become available. You may access the State Department Visa Bulletin at the State Department's Website or you may call the Department of State Visa Office at (202) 663-1541 to learn which priority dates are currently being processed.

34. How do I become a lawful permanent resident while in the United States?

An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition that was filed on your behalf. Then, an immigrant visa number must be available to you, even if you are already in the United States. After that, if you are already in the United States, you may apply to adjust to permanent resident status. If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

35. Who is eligible to adjust status?

You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you:

You are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen, have a visa petition approved in your behalf, and an immigrant visa number is immediately available to you from the state department.
You are the spouse or unmarried son or daughter of any age of a lawful permanent resident, you have a family-based visa petition approved in your behalf, and an immigrant visa number is immediately available to you from the state department.

36. Can I adjust status if I entered the United States illegally?

Unless an immigrant visa petition was filed on your behalf prior to April 30, 2001, you may not adjust status in the United States. You must leave the United States in order to apply for an immigrant visa. If an immigrant visa petition was filed on your behalf prior to April 30, 2001, you may be eligible to adjust status without leaving the United States. If eligible, you must pay the penalty fee of $1,000.

37. Will I get a work permit?

Applicants for adjustment of status are eligible to apply for a work permit while their cases are pending. You should use USCIS Form I-765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you will receive a permanent resident card proving you have a right to live and work in the United States permanently.

38. What is an Employment Authorization Document (EAD)?

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you can work in the United States.

39. If I am applying for a family-based green card, when will I be eligible for an Employment Authorization Document (EAD)?

You are eligible for an EAD when you have an application to adjust status pending with the USCIS.

40. Can I travel outside the United States while my adjustment is pending?

If you are applying for adjustment of status, you must receive advance permission to return to the United States if you are traveling outside the United States. The advance permission is called “advance parole.” If you do not obtain advance parole before you leave the country, you will abandon your application with USCIS, and you may not be permitted to return to the United States.

41. What is a Travel Document and who needs one?

If you are not a U.S. citizen, you may need permission to return to the United States after traveling abroad. Permission is granted through a travel document. The application for Travel Document is Form I-131.

42. What is Advance Parole?

Most aliens who have pending applications for immigration benefits or for changes in status need advance parole if they wish to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment.

Aliens in the United States should, prior to departure, obtain advance parole in order to re-enter the United States after travel abroad if they have filed an application for adjustment of status but have not received a decision from the USCIS and an emergent personal or bona fide reason to travel temporarily abroad.

Please note: Advance parole does not guarantee admission into the U.S. Aliens with advance parole are still subject to the immigration inspections process at the port of entry.

43. What is conditional Residence?

Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional because you must prove you did not marry to evade U.S. immigration laws.

You and your spouse must apply together to remove the conditions on your residence. You must apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly known as a green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.
If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.
If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate application if your child received conditional resident status more than 90 days after you did.

44. How do I remove the conditions on permanent residence based on marriage?

You must use USCIS Form I-751 (Petition to Remove the Conditions on Residence) to remove your conditions on permanent residence if:

You are still married to the same U.S. citizen or lawful permanent resident after two years. Your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days.
You are a child and cannot be included in the application of your parents for a valid reason.
You are a widow or widower of a marriage that was entered into in good faith.
You entered into a marriage in good faith, but the marriage was ended through divorce or annulment.
You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse.
The termination of your conditional resident status would cause extreme hardship to you.

45. What if I am late in applying to remove the conditions on residence?

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated, and the service will order removal proceedings against you. You will receive a notice from the service telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing, you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements; the service is not responsible for proving that you did not comply with the requirements.

The Form I-751 can be filed after the 90-day period if you can prove in writing to the Director of the Regional Service Center that there was good cause for failing to file the petition on time. The Director has the discretion to approve the petition and restore your permanent resident status.

46. How can I get a waiver of the requirement to file a joint petition?

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

Your deportation or removal would result in extreme hardship.
You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended in annulment or divorce, and you were not at fault in failing to file a timely petition.
You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition.

47. What if I am in divorce proceedings but am not yet divorced?

If you and your spouse are unable to apply to remove the conditions on your residence because of divorce or annulment proceedings, you may not apply for a waiver of the requirement to file a joint petition, based on the “good faith” exception. You may not file for the waiver until after your marriage has been terminated.

48. Will I get a work permit after removing the conditions on my permanent residence?

Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You should use USCIS Form I-765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status. As a legal permanent resident, you should have received a permanent resident card. This card will continue to prove you have a right to live and work in the United States permanently. If you file your USCIS Form I-751 (Petition to Remove the Conditions on Residence) on time, the USCIS will extend your conditional resident status for up to twelve months while your Form I-751 petition is under review.

49. What is an Affidavit of Support?

If you are bringing a relative to live permanently in the United States, you must accept legal responsibility for financially supporting this family member. You accept this responsibility and become your relative's sponsor by completing and signing a document called an affidavit of support. This legally enforceable responsibility lasts until your relative becomes a U.S. citizen or can be credited with 40 quarters of work (usually 10 years).

50. For whom is an Affidavit of Support required?

You must complete and submit an affidavit of support, USCIS Form I-864, if you are bringing a relative to the United States. This means that you filed or are filing a USCIS Form I-130, Petition for Alien Relative. An Affidavit of Support, USCIS Form I-864, is required for all immediate relatives of U.S. citizens, which include parents, spouses, and unmarried children under the age of 21, including orphans as well as relatives who qualify for U.S. immigration under one of the family-based preferences:

First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
Second Preference: Spouses of lawful permanent residents and the unmarried sons and daughters (regardless of age) of lawful permanent residents and their unmarried children.
Third Preference: Married sons and daughters of U.S. citizens, their spouses, and their unmarried minor children.
Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses, and their unmarried minor children.

All relatives for whom you file a separate I-130 petition must have an original affidavit of support and accompanying documentation. You may submit photocopies of the Affidavit of Support you complete for your relative, for any spouse or children immigrating with your relative and listed on the petition. You do not need to photocopy the accompanying documentation for these family members.

51. Who must be the sponsor in an Affidavit of Support?

If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a lawful permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, so that you still have your domicile in the United States.

52. Can anyone else be a sponsor?

In certain cases, you can use a "joint sponsor" or a "substitute sponsor."

53. Who can be a joint sponsor, and when is a joint sponsor allowed?

If the visa petitioner's household income is not sufficient to meet the USCIS requirement, the USCIS permits a joint sponsor to sign an affidavit of support, in addition to the affidavit of support signed by the visa petitioner. A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his/her household) must reach the 125 percent income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

54. How do I file an affidavit of support?

You should complete an I-864 Affidavit of Support when your relative has been scheduled for an immigrant visa interview with a consular officer overseas or when your relative is about to submit an application for adjustment to permanent resident status with the USCIS or with an Immigration Court in the United States. If you have a joint sponsor, the joint sponsor must also complete USCIS Form I-864 at this time. If you are using the income of other household members to qualify, then each household member who is accepting legal responsibility for supporting your relative must complete a separate USCIS Form I-864A, Contract between Sponsor and Household Member.

55. What are the income requirements for an affidavit of support?

You must meet certain income requirements whether you are a sponsor, a joint sponsor, or a substitute sponsor. You must show that your household income is equal to or higher than 125 percent of the U.S. poverty level for your household size (see table below). Your household size includes you, your dependents, any relatives living with you, and the immigrant(s) you are sponsoring. For example, if you have a spouse and two children and you want to sponsor your brother and his wife, you must prove that your household income is equal to or higher than 125 percent of the U.S. poverty level for a family of six, or $30,850, from the table below. You must also include in your household size any immigrants you have previously sponsored under this part of the law. In the above example, if you had previously sponsored your parents and your sister, your household size would be nine persons and you would need a household income of $42,625 ($38,700 + $3,925).

If you, the sponsor, are on active duty in the U.S. Armed Forces, and the immigrant you are sponsoring is your spouse or child, your income only needs to equal 100 percent of the U.S. poverty level for your family size.

2003 POVERTY GUIDELINES*
Minimum Income Requirement for Use in Completing Form I-864

For the 48 Contiguous States, the District of Columbia, Puerto Rico,
the U.S. Virgin Islands, and Guam:

Sponsor's Household Size 100% Poverty Line 125% Poverty Line

2 12,120 15,150

3 15,260 19,075

4 18,400 23,000

5 21,540 26,925

6 24,680 30,850

7 27,820 34,775

8 30,960 38,700

Add $3,140 for each additional person Add $3,925 for each additional person

For Alaska:

Sponsor's Household Size 100% Poverty Line 125% Poverty Line

2 15,140 18,925

3 19,070 23,837

4 23,000 28,750

5 26,930 33,662

6 30,860 38,575

7 34,790 43,487

8 38,720 48,400

Add $3,930 for each additional person Add $4,912 for each additional person

For Hawaii:

Sponsor's Household Size 100% Poverty Line 125% Poverty Line

2 13,940 17,425

3 17,550 21,937

4 21,160 26,450

5 24,770 30,962

6 28,380 35,475

7 31,990 39,987

8 35,600 44,500

Add $3,610 for each additional person Add $4,512 for each additional person

*These poverty guidelines remain in effect for use with the Form I-864 Affidavit of Support from April 1, 2003 until new poverty guidelines go into effect in the Spring of 2004.

If you cannot meet the minimum income requirements using your earned income, you have various options:

You may add the cash value of your assets, such as money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125 percent of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
Example for a household size of four:
125 percent of 2003 poverty guideline $23,000
Sponsor's income $18,000
Difference $5,000
Multiply by 5 x 5
Minimum Required Cash Value of Assets $25,000
You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income, you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last six months.
You may count the assets of the relatives you are sponsoring.

56. What are my responsibilities as a sponsor?

When you sign the Affidavit of Support, you accept legal responsibility for financially supporting the sponsored immigrant(s) until they become U.S. citizens or can be credited with 40 quarters of work. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. If the immigrant receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court for the money owed. When in doubt, ask the benefit provider whether the benefit is a "means-tested public benefit."

Currently, Federal means-tested public benefits include Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (CHIP). States and local jurisdictions may also designate certain of their programs as means-tested public benefits.

The following types of programs are not counted as means-tested public benefits: emergency Medicaid; short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations, testing, and treatment for communicable diseases; student assistance under the Higher Education Act and the Public Health Service Act; certain forms of foster-care or adoption assistance under the Social Security Act; Head Start programs; means-tested programs under the Elementary and Secondary Education Act; and Job Training Partnership Act programs.

57. What is Petition for Alien Relative - Stage I?

If you want to become a lawful permanent resident through a relative who is a citizen of the United States or a relative who is a lawful permanent resident, your relative must file a form I-130 Petition for Alien Relative on your behalf. The United States Citizenship and Immigration Services (USCIS) must approve this petition, which must be accompanied by proof of your relationship to the requesting relative. We can prepare this form for you.

The Department of State must then determine if an immigrant visa number is available to you, even if you are already in the United States. When an immigrant visa number becomes available, you can apply to have one assigned to you. Immigrant visa number availability can be immediate, or it can take years, depending on the status of the sponsor and the relationship between the sponsor and the beneficiary. Once an immigrant visa number is available, the process moves to the next stage, which is called adjustment of status.

58. What Eligibility Requirements - Petition for Alien Relative?

To sponsor a relative to immigrate to the United States, you must meet the following criteria:

You must be a citizen or a lawful permanent resident of the United States and be able to provide documentation proving your status.
You must prove that you can support your relative at 125% above the mandated poverty line.
If you are a U.S. citizen, you may petition for the following foreign-national relatives to immigrate to the United States. You must be able to provide proof of these relationships.
- Husband or wife
- Unmarried child under 21 years old
- Unmarried son or daughter over 21
- Married son or daughter of any age
- Brother or sister, if you, as the sponsor, are at least 21 years old
- Parent, if you, as the sponsor, are at least 21 years old

If you are a lawful permanent resident, you may petition for the following foreign national relatives to immigrate to the United States. You must be able to provide proof of these relationships.
- Husband or wife
- Unmarried son or daughter of any age

59. What is Adjustment of Status - Stage II?

Adjustment of status is the process through which a nonimmigrant changes his or her immigration status to permanent residence. This occurs only after the USCIS approves an I-130 Petition for Alien Relative that was filed on your behalf.

If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after an immigrant visa number becomes immediately available to you. If you are outside the United States when an immigrant visa number becomes available to you, you must go to the U.S. Consulate servicing the area in which you reside to complete your processing.

If you are the immediate relative of a U.S. citizen, you are exempt from the annual numerical limitations on immigration. An immigrant visa will be immediately assigned to you upon approval of your petition. Thus, you do not need an immigrant visa number. In this instance, the first and second stages occur at the same time. An immediate relative is a spouse, parent, or child under age 21.

60. How to obtain an Immigrant Visa Numbers?

After your I-130 Petition for Alien Relative is approved you must obtain an immigrant visa number before you can receive your green card. Immigrant visa numbers are issued through the State Department. The process of receiving an immigrant visa number differs depending on the status of your sponsor and your relationship with your sponsor.

An immigrant visa number will be immediately assigned to immediate relatives of U.S. citizens. Immediate relatives include parents, spouses, and unmarried children under the age of 21. Thus, if you are the immediate relative of a U.S. citizen and you are in the United States, you can apply to adjust your status to permanent resident at the same time your relative files an I-130 Petition for Alien Relative on your behalf. If you are outside of the United States, you must go to your local U.S. consulate to complete your processing.

For all other petitions filed by a relative, visa numbers are limited by law every year. Because the number of petitions filed each year greatly exceeds the number of immigrant visa numbers that are available, you will not get an immigrant visa number immediately. Instead, you are given a Priority Date which reflects the date on which your petition was filed. Once your priority date becomes current, the State Department has an immigrant visa number available for you. You may apply to adjust status if you are in the United States or for consular processing if you are outside of the United States.

The State Department issues immigrant visa numbers based on priority dates and according to the following preferences:

First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
Second Preference: Spouses of lawful permanent residents, and the children and unmarried sons and daughters (regardless of age) of lawful permanent residents.
Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children.
Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children.

For current processing information, please check the State Department’s Visa Bulletin.

61. What Eligibility Requirements for Adjustment of Status?

In order to adjust status to permanent resident, you must:

Have a family relationship that supports the I-130 Petition for Immediate Relative.
Have an Immigrant Visa Number immediately available to you.
Not be subject to any of the specific ineligibility conditions.
Not be subject to any of the specific inadmissibility conditions.

62. What Ineligibility for Adjustment of Status?

You may be ineligible to adjust your status to lawful permanent resident if:

You entered the U.S. while you were in transit to another country without obtaining a visa.
You entered the U.S. while you were a nonimmigrant crewman.
You were not admitted or paroled into the United States after being inspected by a U.S. Immigration inspector.
You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:
- You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).
- Certain foreign medical graduates, international organization employees and family members.

You are a J-1 or J-2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement.
You have an A (diplomatic status), E (treaty trader or investor), or G (representative to international organization) nonimmigrant status, or have an occupation that would allow you to have this status. This rule will not apply to you if you complete USCIS Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges and immunities. If you are an A or G nonimmigrant, you must also submit USCIS Form I-566.
You were admitted to Guam as a visitor under the Guam Visa Waiver Program. (This does not apply to immediate relatives.)
You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen - parent, spouse, or unmarried child under 21.)
You are already a conditional permanent resident.
You were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for you. You were admitted as the K-2 child of a fiancé and your parent did not marry the U.S. citizen who filed the petition for you.

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to permanent residence in the United States even if they:

Have worked without permission.
Remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status without maintaining lawful status and the proper immigration documentation.
Were admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam Visa Waiver Program and the 90-day admission under the Visa Waiver Program, respectively).
Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to lawful permanent resident (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being inspected and admitted or paroled into the United States.

63. What Inadmissibility to the United States?

You may be inadmissible into the United States on the basis of any one of the following conditions:

Health issues: A beneficiary may be inadmissible due to health issues if he or she

Has a communicable disease, such as tuberculosis or HIV (AIDS).
Has a physical or mental disorder that threatens the safety of other people.
Is a drug abuser or addict.
Cannot prove that he/she has been vaccinated against certain vaccine-preventable diseases.

Criminal and related violations: A beneficiary may be inadmissible due to criminal and related violations if he or she

Has committed crimes of moral turpitude (which can include anything from petty theft to murder).
Has multiple criminal convictions.
Is a prostitute.
Is involved in serious criminal activity but has received immunity from prosecution.
Is a drug offender.

Security and related violations: A beneficiary may be inadmissible due to security and related violations if:

He/she is a spy or governmental saboteur.
He/she intends to overthrow the US government.
He/she is a terrorist or a representative of a foreign terrorist organization.
He/she is a member of a totalitarian party.
He/she is a Nazi.
His/her entry into the US would endanger US foreign policy. This condition does not apply if the beneficiary is an official of a foreign government, or if the beneficiary's activities or beliefs would normally be lawful in the US, according to the Constitution.

Likelihood of becoming dependent on public benefits: A beneficiary may be inadmissible due to a likelihood of becoming dependent on public benefits if, while the beneficiary was a non-immigrant, he/she applied for public benefits through fraud or while he/she was not eligible. (This action results in a 5-year bar to admissibility.)

Immigration violations: A beneficiary may be inadmissible due to immigration violations if:

He/she is present in the US without proper documentation (i.e. without "admission or parole")
He/she was previously deported
His/her immigration process involves misrepresentations.
He/she has made a false claim to US citizenship.
He/she is currently subject to a final removal (deportation) order under the Immigration and Naturalization Act.
During the past 5 years, he/she abused a student visa by improperly obtaining F-1 status to attend a public elementary school or adult education program, or by improperly transferring from a private to a public program.
During the past 5 years, he/she was ordered removed (deported) immediately upon arrival in the US, and this was his/her first immediate deportation upon entry into the US.
During the past 20 years, he/she was ordered removed (deported) immediately upon arrival in the US, and this was his/her second or subsequent immediate deportation upon entry.
He/she was convicted of an aggravated felony, and was ordered removed due to this conviction.
He/she was illegally present in the US, then departed the US. He/she is seeking re-entry to the US. If the total amount of time spent illegally in the US is 180 to 364 days, then the immigrant cannot re-enter until 3 years after this re-entry attempt. If the total amount of time is 365 days or more, then the immigrant cannot re-enter until 10 years after this re-entry attempt. In both cases, any days in the US before April 1, 1997 do not contribute toward the total number of days.
He/she was illegally present in the US for more than one year, then subsequently re-entered the US without admission.
He/she was ordered removed, then subsequently attempted to re-enter the US without admission.
He/she entered the US as a stowaway.
He/she is or was involved in smuggling illegal aliens.

Document violations: A beneficiary may be inadmissible due to document violations if he or she lacks the required current passports or visas.

Ineligible for citizenship: A beneficiary may be inadmissible if:

He/she is permanently ineligible for citizenship.
He/she is a draft evader, and was not a US citizen at the time of evasion or desertion.

Miscellaneous conditions: A beneficiary may be inadmissible if:

He/she is a practicing polygamist.
He/she is the guardian accompanying an excludable alien(s).
He/she is an international child abductor, and is not a national of a country that signed the Hague Convention on International Child Abduction.
He/she is has voted illegally (in violation of any federal, state or local law or regulation).
He/she is a former US citizen who renounced citizenship to avoid taxation.

64. Where do I go to get Fingerprinted?

Once you have filed your application with the U.S. Citizenship and Immigration Services (USCIS), they will send you a letter advising you of where and when to have your fingerprints taken. This can take between several days to several months. Make sure to bring the appointment notice and a valid piece of photo identification, such as an employment authorization document or a state-issued driver's license.

Rescheduling the appointment: If you cannot appear on the original appointment date, you can request a rescheduled appointment by calling the National Customer Service Center at 1-800-375-5283.

In order to perform a criminal background check, the USCIS will send your fingerprints to the FBI, the CIA and U.S. Consulates abroad. While these agencies are checking your background, the USCIS may send you a letter advising you that additional documents are needed before your interview can be scheduled, and advise you of what information it needs and where to send it.

Once your background check is complete, the USCIS will schedule you for an interview. You will receive an interview notice in the mail advising you of the date, time, and place of your interview.

65. Do I required to take Medical Examination?

After fingerprinting is complete, you will be sent an appointment notice for the adjustment interview. This notice also includes instructions for your required medical examination.

You must make an appointment with one of the approved doctors listed in the appointment notice. He/she cannot be your personal doctor. When attending the appointment, you must bring the following documents:

The appointment notice for the adjustment interview.
All copies (8 pages total) of the I-693 form that was included in the appointment notice.
Written records and laboratory evidence of vaccinations against the following diseases: mumps, measles, Rubella, Polio, tetanus and diphtheria toxoids, pertussis, influenza type B, hepatitis B, varicella (chicken pox), haemophilus influenza type B and pneumococcal.

Missing vaccinations If you cannot provide records of the vaccinations listed above, the doctor might administer a single dose of the missing vaccine. However, the doctor will not provide this vaccine if:

It is not medically appropriate for you.
You refuse the vaccination for religious or moral reasons. In this case, you must submit Form I-601 to request a waiver of the vaccination requirement.
You choose to receive the vaccination from your personal doctor. In this case, you must return to the approved doctor with proof of the vaccination. Form I-693 might also be required.

Normally the medical examination is brief, consisting mainly of a chest X-ray and a blood test. Pregnant women may request alternate evidence in place of the X-ray; this evidence consists of either a conclusive “tine” test or “PPD” test for tuberculosis. If the alternate evidence is inconclusive, then the X-ray may still be required.

You must sign all four copies of Form I-693. Then the doctor will put an original and one copy of the examination results into a sealed envelope. This envelope must remain sealed. The doctor will keep one copy and you will get one. You must bring the sealed envelope and the chest X-ray (if the appointment notice requires it) to the Adjustment Interview.

66. Are all adjustment of status applicants required to have a medical examination?

Most applicants for adjustment of status are required to have a medical examination. The medical examination must be conducted by a civil surgeon who has been designated by the USCIS. The civil surgeon must not be your personal physician.

67. How do I find a designated civil surgeon in my area?

To obtain the names and telephone numbers of the designated civil surgeons in your area, please call USCIS National Customer Service Center at (800) 375-5283. After you have selected English or Spanish as your language of choice for the message, choose #2 for medical examinations from the list of six automated options. You will need to key in your five-digit zip code. Have a pen and pencil ready to write down the list of civil surgeons.

68. What does the medical examination involve?

When the entire medical exam is required, the designated civil surgeon is responsible for ensuring all of the required components have been completed. The civil surgeon will record the results on Form I-693. For applicants required to have the entire medical exam, all of the following are required. All adjustment of status applicants are required to comply with the vaccination requirements.

Physical Examination: A physical examination (to include complete disrobing) and a mental status evaluation are required, regardless of age.
Tuberculin (TB) Skin Test: Applicants age 2 and older are required to have a tuberculin skin test (TST). Civil surgeons may require an applicant who is less than 2 years of age to have a TST if he or she has a history of contact with a known TB case, or if there is any other reason to suspect TB disease. After the skin test, you will need to return to the civil surgeon in 48 to 72 hours to have the results read. If you have a reaction of 4 millimeters or less, you will not need any further tests for TB. A chest X-ray is required when the reaction to the TST is 5 millimeters or more. The civil surgeon will explain these medical requirements to you in more detail.
Serologic (Blood) Test: Applicants 15 years of age and older are required to have serologic (blood) tests for HIV and for syphilis. Civil surgeons can require applicants under age 15 to be tested for HIV or syphilis if there is reason to suspect the possibility of infection. Civil surgeons are required to provide pre-test counseling to all applicants who take the HIV test. If you are found to have HIV infection, the civil surgeon must provide you with post-test counseling.
Vaccinations: Required vaccination include mumps, measles, rubella, polio, tetanus, diphtheria toxoids, pertussis, influenza type B, hepatitis B, and any other vaccinations recommended by the Advisory Committee for Immunization Practices (ACIP). Current ACIP recommendations also include the varicella, haemophilius influenzae type B, and pneumococcal vaccines.

The civil surgeon will review your vaccination history with you to determine whether you have all the required vaccinations. Make sure you take your vaccination records with you to your appointment with the civil surgeon. Do not try to comply with these requirements before you meet with the civil surgeon, in case it is not medically appropriate for you to have one or more of the required vaccines. After the completed medical exam, the civil surgeon will give you Form I-693 with the results in a sealed envelope to present to United States Citizenship and Immigration Services. DO NOT OPEN THE SEALED ENVELOPE.

69. How do I Prepare for my Adjustment Interview?

When fingerprinting is complete, you will be sent an appointment notice for the Adjustment Interview. This notice includes the date and place of the interview, and a list of documents to bring. Usually the notice arrives 60 to 90 days after your fingerprinting, but in some areas immigrants wait months or years for their appointment notices.

Before the interview: You should assemble the required documents and bring them to the interview. These documents usually include:

Appointment notice.
Passport.
Form I-94 for the most recent arrival in the U.S.
Original documents for any copies that were submitted at the same time as the Adjustment application. This includes all documents related to the I-485, and might include documents related to the I-130 if it was submitted at the same time.
Results of your medical examination by an approved doctor. The results must be in the original sealed envelope.
Evidence of a bona fide marriage, if the marriage is relevant to the application. This evidence can include:
- Birth certificates and social security cards for both persons.
- Official identification documents for you.
- Leases and rent receipts for shared apartments.
- Unofficial identification showing the names of the parties, such as union cards, hospital cards, Insurance policies, pay vouchers, bank books, and credit cards.
- Employer letters that verify marital status from company records.
- Your wedding photographs.
- Recent photographs of you and your spouse that were taken after the wedding.

NOTE: It is important to bring this evidence to the adjustment interview. Recently, applications have been denied for lacking such documentation, with no opportunity to produce the evidence after the interview.

70. What is the Interview Process?

The interview: You should attend the interview at the scheduled time and place, as indicated in the appointment notice. While waiting for the interviewer, you might be asked to provide a fingerprint.

At the beginning of the interview, you take an oath. Then, during the interview, the interviewer reviews and asks questions about some or all of the following:

Biographical information.
Information from the I-485 form regarding any basis for exclusion from the U.S.
Information about the basis for Permanent Residence.
Information about your means of support, particularly if you are not employed or if the interviewer suspects unauthorized employment.

The interviewer will usually alter your passport to reflect the new A# that becomes your new identification number. If you do not understand the interviewer's notation on your passport, ask him/her about it. Finally, you sign the adjustment application again, and the interview is complete. The interviewer will generally give a preliminary decision at the end of the interview.

Note: Families with children are frequently (but not always) interviewed as a group. Children who are age 14 or older must actively participate in the interview. Usually parents are permitted to answer the questions directed at children who are younger than 14.

After the interview: At the end of the interview, the interviewer usually mentions any problems with the application. You are permitted to ask if the application seems to be acceptable. If there are no problems, then the approval notice is mailed to you several weeks after the interview. At that time you can return to the local office of the USCIS for temporary identification as a Permanent Resident.

Rescheduling the appointment: If you cannot attend the original appointment, you must request a rescheduling. You can request a rescheduled appointment by calling the USCIS National Service Center at 1-800-375-5283.

71. Must I report a change of address to the USCIS?

All non-U.S. citizens (aliens) who are required to be registered also must keep the USCIS informed of their current address. You are required to notify USCIS of any change of address within 10 days of that change.

72. How do I report a change of address?

All aliens changing their address must file Form AR-11 with the USCIS address listed on the form. The address is as follows:

U.S. Department of Homeland Security
USCIS
Change of Address
P.O. Box 7134
London, KY 40742-7134

For commercial overnight or fast freight services only:
U.S. Department of Homeland Security
USCIS
Change of Address
1084-I South Laurel Road
London, KY 40744

73. What are the penalties for failure to comply with the reporting requirement for changes of address?

A willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime. If convicted, the alien (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days or both. The alien may also be subject to removal from the United States. Compliance with the requirement to notify the USCIS of any address changes is also a condition of an alien’s stay in the United States. Failure to comply could also jeopardize the alien’s ability to obtain a future visa or other immigration benefit.

74. What is the Form I-130 Petition for Alien Relative?

This is a form that a citizen or lawful permanent resident may file with the USCIS to establish a relationship to an alien relative who wishes to immigrate to the United States. This form must be filed along with form G-325A and the other required documents listed below.

Proof of U.S Citizenship. You must provide documents to show that you are a U.S. citizen, which may be in the form of:
- A copy of Birth Certificate if you were born in the United States.
- A copy of your naturalization certificate or certificate of citizenship issued by the USCIS (USCIS).
- A copy of Form FS-240, Report of Birth Abroad of a citizen of the United States, issued by an American embassy, or a copy of your unexpired passport, or an original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.

Proof of lawful permanent residency. Proof of lawful permanent residency must come in the form of your permanent resident card. If you have not yet received your card, submit copies of your passport biographic page and the page showing admission as a permanent resident, or other evidence of permanent resident status issued by USCIS.
Proof of Family Relationship: If you are filing for:
A husband or wife: submit the following documentation:
- A copy of marriage certificate.
- If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.
- A color photo of you and your spouse taken according to USCIS specifications.

A child and you are the mother: submit a copy of the child's birth certificate showing your name and the name of your child.
A child and you are the father: submit a copy of the child's birth certificate showing both parents' names and your marriage certificate (even if you are now divorced).
A child born out of wedlock and you are the father: if the child was not legitimated before reaching 18 years old, you must file your petition with copies of evidence that a bona fide parent-child relationship existed between the father and the child before the child reached 21 years. This may include evidence that the father lived with the child, supported him or her, or otherwise showed continuing parental interest in the child's welfare.
A brother or sister: submit a copy of your birth certificate and a copy of your brother's or sister's birth certificate showing that you have at least one common parent. If you and your brother or sister have a common father but different mothers, submit copies of the marriage certificates of the father to each mother and copies of documents showing that any prior marriages of either your father or mothers were legally terminated. If you and your brother or sister are related through adoption or through a stepparent, or if you have a common father and either of you were not legally recognized before your 18th birthday, see H and I below.
A mother: submit a copy of your birth certificate showing your name and your mother's name.
A father: submit a copy of your birth certificate showing the names of both parents. Also give a copy of your parents' marriage certificate establishing that your father was married to your mother before you were born.
Stepparent/stepchild: if your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child's 18th birthday, and copies of documents showing that any prior marriages were legally terminated.
Adoptive parent or adopted child: if you and the person you are filing for are related by adoption, you must submit a copy of the adoption decree(s) showing that the adoption took place before the child became 16 years old. If you adopted the sibling of a child you already adopted, you must submit a copy of the adoption decree(s) showing that the adoption of the sibling occurred before that child's 18th birthday. In either case, you must also submit copies of evidence that each child was in the legal custody of and resided with the parent(s) who adopted him or her for at least two years before or after the adoption. Legal custody may only be granted by a court or recognized government entity and is usually granted at the time the adoption is finalized. However, if legal custody is granted by a court or recognized government agency prior to the adoption, that time may be counted toward fulfilling the two-year legal custody requirement.

75. What is the Form I-485 Application to Adjust Status?

This is a form used by a person who is in the United States to apply to the USCIS to adjust to permanent resident status. Form I-485 has forms that must be filed with it, as well as forms that may be filed with it. Most forms have required supporting documentation.

Form I-485 has the following required supporting documentation:

Birth certificate. Submit a copy of your foreign birth certificate or other record of your birth.
Copy of passport page with nonimmigrant visa. If you have obtained a nonimmigrant visa(s) from an American consulate abroad within the last year, submit a photocopy(ies) of the page(s) of your passport with the visa(s).
Photos. Submit two (2) identical natural color photographs of yourself, taken within 30 days of the application. Photos must have a white background, be unmounted, printed on thin paper and be glossy and unretouched. They must show a three-quarter frontal profile showing the right side of your face, with your right ear visible and with your head bare. You may wear a headdress if required by a religious order of which you are a member. The photos must be no larger than 2 X 2 inches, with the distance from the top of the head to just below the chin about 1 and 1/4 inches. Lightly print your A# (or your name if you have no A#) on the back of each photo, using a pencil.
Fingerprints. If you are between the ages of 14 and 75, you must be fingerprinted. After filing this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. Failure to appear to be fingerprinted may result in denial of your application.
Medical examination (Form I-693). When required, submit a medical examination report on the form you have obtained from USCIS.
Form G-325A, Biographic Information Sheet. You must submit a completed G-325A if you are between 14 and 79 years of age.
Evidence of status. Submit a copy of your Form I-94, Nonimmigrant Arrival/Departure Record, showing your admission to the U.S. and current status, or other evidence of your status.
Affidavit of Support (Form I-864).

76. What is the Form I-864 Affidavit of Support?

This form is a contract between a sponsor and a beneficiary through which the sponsor promises to support the beneficiary on his or her arrival in the United States or adjustment to permanent residence. This form requires the following documentation:

Proof of the sponsor's current employment or self-employment
The sponsor's individual Federal income tax returns for the most recent 3 tax years, or an explanation if fewer than 3 are submitted.

If the sponsor is using the income of persons in his or her household or dependents to qualify, they must submit a separate Form I-864A, Contract between Sponsor and Household Member, for each person whose income will be used.

77. What is the Form I-693 Medical Examination of Aliens Seeking Adjustment of Status?

This is a form that must be filled out by a USCIS-approved doctor upon completion of the medical examination of an alien seeking to adjust status. This form must be filled out by an authorized physician. One original and one copy must be submitted when requested by the USCIS.

78. What is the Form I-765 Application for Employment Authorization?

This is a form that must be filed along with the I-485 Adjustment of Status if you want to work while your adjustment is pending.

79. What is the Form I-131 Application for Travel Document?

This is a form that must be filed if an alien who is applying for adjustment of status wishes to travel outside of the United States.

80. What is the Supplement A to Form I-485?

If you entered the United States unlawfully, if you entered with permission but did not stay in lawful status, or if you worked without permission, you normally would have to leave the United States to apply for an immigrant visa. Special rules under section 245(i) of the Immigration and Nationality Act may allow you to apply to adjust status without leaving the United States.

In order to qualify for the benefits of section 245(i), you must have had a Petition for Alien Relative filed on your behalf prior to April 30, 2001 and must now have an immigrant visa number immediately available to you. In addition, you must file I-485 Supplement A with your application.

You might need to file Supplement A to Form I-485A if you:

Entered the U.S. without being inspected by an Immigration official.
Stayed in the U.S. longer than allowed by Immigration.
Entered the U.S. as a worker on an aircraft or ship (crewman).
Entered the U.S. as a “Transit Without Visa.”
Failed to continuously maintain a lawful status since your entry into the U.S.
Worked in the U.S. without immigration permission.
Entered as an “S” nonimmigrant (relates to witnesses about criminal or terrorism matters).
Are seeking a work-related visa and are out of status at the time of filing the application to adjust status (Form I-485).
Worked in the U.S. while being an “unauthorized alien.”

You are eligible if one of the reasons above prevents you from using the regular section 245 provision AND:

You are eligible to receive an immigrant visa and are admissible to the United States for permanent residence.
An immigrant visa number is immediately available at the time your application is filed.
Your visa petition or application for labor certification that would qualify you to become an immigrant was filed on or before April 30, 2001, was approvable when filed.
For any petition or application that was filed after January 1, 1998, you must also prove that you were in the U.S. on December 21, 2000.

If you meet these eligibility requirements, you must pay the penalty fee of $1,000.

81. Can I travel outside the United States?

If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS and you may not be permitted to return to the United States.

82. How can I appeal?

The only applications for permanent residency (Form I-485) which can be appealed to USCIS are those based on a marriage which took place while the alien's application was in process or those based on Section 586 of Public Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia and Laos. These appeals must be made to the Administrative Appeals Unit (AAU). Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.

More information can be found at http://www.uscis.gov/greencard