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The Petition for Alien Relative and Application for Permanent Residence is the process to get permanent residence for close relatives of U.S. citizens and U.S. permanent residents.

Relatives that Qualify for the Permanent Residence Petition

Immediate Relatives: Relatives of U.S. citizens are immediate relatives if they are spouses, children under 21, or parents of the U.S. citizen.  There is no wait to file for IR visas.

Preference System: Other relatives are classified under the preference system.

1st Preference:  Unmarried sons and daughters (over 21) of a U.S. citizen.

2nd Preference:  [2A] Spouses and children (under 21) of a permanent resident.
[2B] Unmarried sons and daughter (over 21) of a permanent resident.

3rd Preference:  Married sons and daughters (over 21) of a U.S. citizen.

4th Preference:  Brothers and sisters of a U.S. citizen.

Step 1.  Immigrant Visa Petition (I-130)
The immigrant visa petition for an alien relative can be filed at any time.  The Petitioner must show proof of U.S. citizenship or permanent residence and documentary evidence of the qualifying relationship to the Beneficiary.  If the relative being sponsored is an immediate relative and is in the U.S., the relative petition and the Application for Permanent Residence can be filed together.

Step 2.  Application for Permanent Residence (I-485)
For a Preference category petition, once the Relative Petition is approved, the Application for Permanent Residence can be filed if visas are available.  Visas are always available for immediate relatives of U.S. citizens.  Beneficiaries under the preference system must wait until visas are available.  The date of filing the petition establishes the "priority date" which is the Beneficiary's place in line for their visa.  Please contact our office for the current visa bulletin and visa availability.

At the time the Application for Permanent Residence is filed, the Beneficiary can apply for work authorization and permission to travel outside the U.S. while the application is processing.

Marriage: If the relative petition is based on marriage, at the time of the interview, if the Petitioner and Beneficiary have been married less than two years, the CIS will grant the Beneficiary conditional permanent residence.  The Beneficiary must file a petition to remove the conditions (I-751) 90 days prior to the two-year anniversary of granting conditional permanent residence.

Petitioner

U.S. passport, Naturalization Certificate or Permanent Resident Card
State issued identity document (Drivers license, etc.)
Birth Certificate or Certificate of Unavailability
Marriage Certificate and Divorce Decree(s)
G-325 Biographic Information
I-864 Affidavit of Support
Income Tax printout for past 3 years
Job verification letter
Evidence of marriage (wedding photos, insurance policies, accounts in both names)
Photos(2)

Beneficiary

Passport (current and expired)
I-94 Card
CIS Approval Notices and Employment Authorization Card (I-797, I-20, EAD)
State issued identity document (Drivers license, etc.)
Birth Certificate or Certificate of Unavailability
Marriage Certificate and/or Divorce Decree(s)
G-325 Biographic Information
Medical Examination
Photos (6): 1 for I-130, 2 for 1-485, 2 for Parole Document, and 1 for the file