Family Petition Guidelines: I-130 and I-485

The I-130 Petition for Alien Relative
The I-130 is the first step in helping a qualifying family member immigrate to the United States and get a green card. By filing this form, you (the petitioner) are establishing your relationship with your relative (the beneficiary) and showing that you have the legal status to sponsor them.

Who Qualifies
• Spouses of U.S. citizens or permanent residents.
• Unmarried children under 21 of U.S. citizens or permanent residents.
• Parents of U.S. citizens (if the citizen is at least 21).
• Siblings of U.S. citizens (if the citizen is at least 21).
• Married children of U.S. citizens.

Required Documents
• Proof of U.S. citizenship or lawful permanent residence (such as a birth certificate, passport, or green card).
• Proof of family relationship (such as a marriage certificate, birth certificate, or adoption decree).
• Evidence of any legal name changes for either party.
• Passport-style photos of both the petitioner and the beneficiary.
• Proof of a bona fide marriage if petitioning for a spouse (such as joint bank accounts or photos together).

For Spousal Petitions add:
• Proof of joint ownership of property.
• A lease showing joint tenancy of a common residence.
• Documentation showing co-mingling of financial resources.
• Birth certificates of children born to you and your spouse together.
• Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship.

Adjustment of Status (I-485)

The Form I-485, Application to Register Permanent Residence or Adjust Status, is the primary form used by people who are already in the United States to apply for lawful permanent resident status (your Green Card). This process is known as "Adjustment of Status." Many immediate relatives can file the I-130 and I-485 concurrently if a visa is immediately available.

Who Qualifies to File I-485
• You are physically present in the United States.
• You were inspected and admitted or inspected and paroled into the United States.
• An immigrant visa is immediately available to you at the time you file Form I-485.

Common Required Documents
• Two passport-style photos.
• Copy of a government-issued identity document with a photo (such as a passport).
• Copy of birth certificate.
• Copy of passport pages with nonimmigrant visa and entry stamps.
• Form I-94 Arrival-Departure Record.
• Proof of eligibility (the approved or pending I-130).
• Form I-864 Affidavit of Support from the sponsor.
• Form I-693 Report of Medical Examination and Vaccination Record signed by a civil surgeon.

Checklist for ALL I-485 Applications
• Form I-485, Application to Register Permanent Residence or Adjust Status.
• Filing fee (check the USCIS website for current fees).
• Certified copies of any court and/or criminal records, if applicable.
• Evidence of any legal name changes for the applicant.

Navigating these forms can be complex, but ensuring you have all required documentation is the key to a successful family petition. Is your Green Card application ready for the final step?