Immediate Relative of US Citizens Overview

Green Card Immediate Relative of U.S. Citizens Eligibility – It Is Suitable For:

• Foreign nationals married to U.S. citizens
• Recent widows or widowers of U.S. citizens
• Unmarried children under the age of 21 who have at least one U.S. citizen parent
• Stepchildren of U.S. citizens, if the marriage creating the parent-child relationship took place before the child’s 18th birthday
• Stepparents of U.S. citizens, if the marriage creating the parent-child relationship took place before the U.S. citizen’s 18th birthday
• Parents of U.S. citizens, if the U.S. citizen is over the age of 21
• U.S. citizens to sponsor the Green Card application of their foreign spouse
• U.S. citizens to sponsor the Green Card application of their unmarried children under the age of 21
• U.S. citizens (age 21 or older) to sponsor the Green Card application of their parents

Green Card Immediate Relative of U.S. Citizens Notes
Conditional permanent residents must apply to remove the conditions on their residence during the 90 days before the second anniversary as a conditional resident.

Green Card Family First Preference Eligibility – It Is Suitable For:

• Unmarried children (age 21 or older) who have at least one U.S. citizen parent
• Unmarried stepchildren (age 21 or older), if the marriage creating the stepchild relationship took place before the child’s 18th birthday
• U.S. citizens to sponsor the Green Card application of their unmarried foreign born children (age 21 or older)

Green Card Family First Preference Notes

• U.S. permanent residents planning to leave the U.S. for more than a year must obtain a Reentry Permit prior to leaving the U.S.
• U.S. permanent residents may apply for Citizenship if they have been a permanent resident for at least 5 years.

Note: A spouse who has been a permanent resident for 3 years, who is currently married to a U.S. citizen, and has been married to the same U.S. citizen for the past 3 years, may apply for citizenship.

Green Card Family Third Preference Eligibility – It Is Suitable For:

• Married children (any age) of U.S. citizens
• Married step children of U.S. citizens, if the marriage creating the stepchild relationship took place before the child’s 18th birthday
• U.S. Citizens to sponsor the Green Card application of their married children (any age)

Green Card Family Third Preference Notes

• U.S. permanent residents planning to leave the U.S. for more than a year must obtain a Reentry Permit prior to leaving the U.S.
• U.S. permanent residents may apply for Citizenship if they have been a permanent resident for at least 5 years.

Note: A spouse who has been a permanent resident for 3 years, who is currently married to a U.S. citizen, and has been married to the same U.S. citizen for the past 3 years, may apply for citizenship.

Green Card Family Fourth Preference Eligibility – It Is Suitable For:

• Brothers and sisters of U.S. citizens
• U.S. citizens (age 21 or older) to sponsor the Green Card application of their brothers and sisters

Green Card Family Fourth Preference Notes

• U.S. permanent residents planning to leave the U.S. for more than a year must obtain a Reentry Permit prior to leaving the U.S.
• U.S. permanent residents may apply for Citizenship if they have been a permanent resident for at least 5 years.

Note: A spouse who has been a permanent resident for 3 years, who is currently married to a U.S. citizen, and has been married to the same U.S. citizen for the past 3 years, may apply for citizenship.

Green Card Family Second Preference Eligibility – It Is Suitable For:

• Foreign nationals married to U.S. Permanent Residents (Green Card holders)
• Unmarried children (any age) of U.S. Permanent Residents (Green Card holders)
• Unmarried stepchildren of lawful permanent residents, if the marriage creating the stepchild relationship took place before the child’s 18th birthday
• U.S. Permanent Residents to sponsor the Green Card application of their foreign spouse or unmarried children (any age)

Green Card Family Second Preference Notes

• U.S. permanent residents planning to leave the U.S. for more than a year must obtain a Reentry Permit prior to leaving the U.S.
• U.S. permanent residents may apply for Citizenship if they have been a permanent resident for at least 5 years.

Note: A spouse who has been a permanent resident for 3 years, who is currently married to a U.S. citizen, and has been married to the same U.S. citizen for the past 3 years, may apply for citizenship.

Immediate Relative of U.S. Citizens

1. Who may petition for their parents to live in the U.S. as lawful permanent resident?
Only U.S. citizens are eligible to petition for their parent(s) to live permanently in the U.S. A U.S. citizen must be at least 21 years of age to petition for a parent. Lawful permanent residents may not bring their parents to live permanently in the U.S.

2. I am a U.S. citizen. How do I petition for my mother?
If you are applying to bring your mother to live in the U.S., 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 and your father’s name
• If you were not born in the U.S., a copy of either
  a. Your Certificate of Naturalization or Citizenship, or
  b. Your U.S. passport

Note: If you have been legally adopted, you may not petition for your birth parent.

3. How do I petition for my father? I was born in wedlock?
If you are applying to bring your father to the U.S. to live, 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 and your father’s name
• If you were not born in the U.S., a copy of
  a. Your Certificate of Naturalization or Citizenship or
  b. 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 ended legally

Note 1: 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.
Note 2: If you have been legally adopted, you may not petition for your birth parent.

4. How do I petition for my father, I was born out of wedlock and not legitimated?
If you are applying to bring your father to the U.S. to live and you were born out of wedlock and were not 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
• A copy of your birth certificate showing your name
• If you were not born in the U.S., a copy of either
  a. Your Certificate of Naturalization or Citizenship, or
  b. Your U.S. passport
• Evidence of the father-son/daughter relationship
• Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21

Note 1: 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.
Note 2: If you have been legally adopted, you may not petition for your birth parent.

5. How do I petition for my father, I was born out of wedlock and not legitimated?
If you are applying to bring your father to the U.S. 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
• A copy of your birth certificate showing your name
• If you were not born in the U.S., a copy of either
  a. Your Certificate of Naturalization or Citizenship, or
  b. Your U.S. passport
• Evidence that you were legitimated before your 18th birthday through
  a. The marriage of your birth parents, or
  b. The laws of the state or country where you live, or
  c. The laws of the state or country where your father lives

Note 1: 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.
Note 2: If you have been legally adopted, you may not petition for your birth parent.

6. How do I petition for my stepparent?
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
• A copy of your birth certificate showing your name and the names of your birth parents
• If you were not born in the U.S., a copy of either
  a. Your Certificate of Naturalization or Citizenship, or
  b. 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

Note: 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.

7. How do I petition for my adoptive parent?
If you are applying to bring your adoptive parent to the U.S. 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 you were not born in the U.S., a copy of either
  a. Your Certificate of Naturalization or Citizenship, or
  b. Your U.S. passport
• A certified copy of the adoption decree, showing that the adoption occurred before your 16th birthday
• A sworn statement showing the dates and places you have lived together with your parent

Note: 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.

8. I am a U.S. citizen mother. How do I petition to bring my son or daughter to the U.S.?
If you are a U.S. citizen applying to bring a child or son or daughter to the U.S. 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 showing your name and your father’s name
• If you were not born in the U.S., a copy of either
  a. Your Certificate of Naturalization or Citizenship, or
  b. Your U.S. passport
• A copy of the child’s birth certificate showing your name and the child’s name

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

9. I am a U.S. citizen father. How do I petition to bring my son or daughter to the U.S.?
If you are a U.S. citizen seeking permanent resident status for your stepbrother or stepsister and you were and/or your step-sibling 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
• A copy of your birth certificate or U.S. passport
• If you were not born in the U.S., a copy of either
  a. Your Certificate of Naturalization or Citizenship, or
  b. 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 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 that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

10. I am an adoptive parent. How do I petition to bring my son or daughter to the U.S.?
If you are a U.S. citizen and the adoptive parent of a child or son or daughter who lived with you in your 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 you were not born in the U.S., a copy of either
  a. Your Certificate of Naturalization or Citizenship, or
  b. 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, with only one exception: if you adopted the child’s sibling who had not yet reached age 16, 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

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

11. What happens after I file the petition?
If your immediate relative is currently in the U.S., he or she may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130, Petition for Alien Relative.

You will be notified by the USCIS if your I-130 petition is approved or denied. If it is approved and your immediate relative is outside the U.S., he or she will be notified to go to the local U.S. consulate to complete his or her visa processing. If your parent is legally inside the U.S. and did not file the Form I-485 Application concurrently with your petition, he or she may file at this time.

12. How can I appeal if my petition is denied?
If the visa petition you filed for your immediate relative is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals.

Green Card Family Second Preference

1. I am a Lawful Permanent Resident mother. How do I bring my child, son or daughter to live in the U.S.?

If you are a lawful permanent resident applying to bring an unmarried, minor child or an unmarried son or daughter to the U.S. 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 the child’s birth certificate showing your name and the child’s name

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

2. I am a Lawful Permanent Resident father. How do I bring my child, son or daughter to live in the U.S.?

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 the child’s birth certificate showing the child’s name and the names of both parents
• A copy of 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 that the father has made financial contributions in support of the child. A blood test proving paternity may be necessary

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

3. I am a Lawful Permanent Resident adoptive parent. How do I bring my child, son or daughter to live in the U.S.?

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 the child’s birth certificate showing the child’s name and the names of both parents
• A certified copy of the adoption decree (The adoption must have taken place before the child reached the age of 16. One exception: if you adopted the child’s sibling who had not yet reached age 16, 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

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

4. What happens after I file the petition?

You will be notified by the USCIS if your I-130 petition is approved or denied. If it is approved, your child, son or daughter will be notified by the Department of State when a visa number, if necessary, is available. If your child, son or daughter is outside the country, he or she (or the adult acting for him or her) must then go to the local U.S. consulate to complete visa processing. If your child, son or daughter is legally inside the U.S. when a visa number, if necessary, becomes available, he or she may then apply to adjust to Permanent Resident status.

5. May I appeal if my petition is denied?

If the Form I-130 visa petition you filed for your child, son or daughter is denied, the denial letter will tell you how to appeal, along with where and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals.

Green Card Family Fourth Preference

1. Who may petition for their siblings to live in the U.S. as lawful permanent resident?

A U.S. citizen who is at least 21 years of age may petition for or sponsor his or her brother or sister to live permanently in the U.S. Lawful permanent residents are not eligible to petition for a brother or sister.

Note: If either you or your sibling were born out of wedlock (your birth parents were not married when you were born), you must provide evidence that you took the actions necessary to satisfy the legitimation law of the birth country of the person born out of wedlock while the individual was under 18 years of age and unmarried. Legitimation laws require fathers to legally acknowledge their children.

2. How do I petition for my brother or sister, we have the same mother?

If you are a U.S. citizen seeking permanent residency 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 (USCIS):

• Form I-130, Petition for Alien Relative
• A copy of your birth certificate showing your name and your mother’s name
• If you were not born in the U.S., a copy of either
  a. Your Certificate of Naturalization or Citizenship, or
  b. 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

Note: 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 submitted.

3. How do I petition for my brother or sister, we have the same father but different mothers?

If you are a U.S. citizen seeking permanent residency 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 you were not born in the U.S., a copy of either
  a. Your Certificate of Naturalization or Citizenship, or
  b. 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
• 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

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted
Note: If either you or your sibling were born out of wedlock (your birth parents were not married when you were born), you must provide evidence that you took the actions necessary to satisfy the legitimation law of the birth country of the person born out of wedlock while the individual was under 18 years of age and unmarried. Legitimation laws require fathers to legally acknowledge their children.

4. How do I petition for my brother or sister, we are related through our father, and one of us was born out of wedlock and legitimated?

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 and your father’s name
• If you were not born in the U.S., a copy of
  a. Your Certificate of Naturalization or Citizenship or
  b. 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
• Evidence that the person who was born out of wedlock was legitimated before reaching the age of 18 and while unmarried through
  a. The marriage of that person’s natural parents
  b. The laws of your or your brother’s or sister’s country of residence or domicile, or
  c. The laws of the father’s country of residence or domicile

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

5. How do I petition for my brother or sister, we are related through our father, and one of us was born out of wedlock but not legitimated?

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 not legitimated, and you are related through your father, 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 you were not born in the U.S., a copy of
  a. Your Certificate of Naturalization or Citizenship or
  b. 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

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.