By Ilona Bray , J. If you are a U. This is the first step for any alien who wishes to immigrate to the United States as the relative spouse or otherwise of a U.
The form is not filed by the prospective immigrant, but rather signed and submitted by the petitioning U. Because the I petition is only the start of the process, its approval by USCIS does not give the intending immigrant any right to enter the United States, nor any guarantee that a green card will ultimately be approved.
For some immigrants, namely spouses of U. If living overseas, you will be able to proceed with your green card application immediately after USCIS approves the I, by applying for an immigrant visa through a U. If you are already living lawfully in the U. For instance, spouses of U. They will have to await approval of the I petition, then travel to their home country for a visa interview.
Unfortunately, they may be barred from return to the U. Fortunately, what's known as the " provisional waiver " allows many such spouses to submit their waiver application before leaving the U. For intending immigrants married to lawful permanent residents, the process will also require multiple steps. They are in the second "preference" category of visas, and therefore face annual limits on the number of visas available in their category.
Because the demand for visas is always greater than the supply, they might wait several years between approval of their I and being allowed to go forward with their application for lawful permanent residence. Immigration Authorities? You'll Need Evidence of U. Immigration Status Qualifying You to Be an Immigrant's Petitioner One of the most critical things you must show when filing an I for your relative is that you are a U.
You'll Need Evidence of Your Qualifying Relationship to the Would-Be Immigrant Proving that you have a qualifying relationship with the relative you are sponsoring is also extremely important. Be sure to: Connect the lines between family members. You want to give immigration officials an easy paper trail to follow so they can see that you and your relative are indeed related.
For example, if you are sponsoring a brother or sister, you will want to submit copies of your birth certificate, your relative's birth certificate, and the marriage certificate of your parents. The combination of these materials can show immigration officials that you and your relative have common birth parents, thus making you siblings.
Use official copies. All certificates you submit should be government-issued, certified copies if possible. The birth certificates should also be "long-form," meaning that they list not only the name of the person, but also the full names of the birth parents and the date and place of the birth. If you can't get official copies, confirm that your country is unable to provide adequate records.
The U. Department of State has country-specific guidance for which civil documents it accepts. Break through language barriers. Assume that U. Any family documents you submit should be translated into English word for word if they are in another language.
I, Application for Travel Document This is an optional form used to request an advance parole travel document, a necessary document to re-enter the U.
Supporting Documents. Immediate Relative Outside the United States. You will likely go through these steps: 1. Family Preference Outside the United States. Priority Date. Your Priority Date is the date your I petition was filed.
Use the Visa Bulletin to keep an eye on dates as they become current. Limited Number of Visas. The Family Preference category has a cap on the total number of immigrant visas that can be issued each year. In fiscal year , the U. F1: Unmarried Adult Children of U. Citizens 24, This process may take just a few months for the F2A category or several years for the F4 category. When the visa number becomes available, the foreign national may proceed with consular processing or adjustment of status if already inside the United States.
What happens after I is approved depends on numerous factors. Immediate Relatives will be given priority because there is no limit on the number of immigrant visas that can issued each year to this category. On the other hand, individuals in the Family Preference category will generally wait many months, and often several years, before an immigrant visa number is available. A determination must be made if the immigrant will adjust status inside the United States or will submit an immigrant visa application through consular processing at a U.
All of these factors determine the steps that happen after I is approved. I Petition for Alien Relative. I Application for Travel Document. I Adjustment of Status Application. I Remove Conditions on Residence. I Application for Employment Authorization. I Affidavit of Support. N Application for Naturalization. N Application to Replace Citizenship Document.
Apply For Citizenship N Replace Citizenship Document N How can I check my I case status? You can track the processing of your case online using your digit case receipt number , which can be found on any notification letter sent by USCIS. Will I need an interview for my I? For most people petitioning with I, USCIS will invite the sponsor and the relative seeking a green card to attend an interview. You also may not need an interview if you are a permanent resident and you are petitioning for any of your children who are younger than 14 years old.
What if I am missing some of the documents for my I? If you do not have one of the primary documents required, such as a birth certificate, then you will need to submit a letter from the relevant authorities to confirm that this document does not exist. However, there is also a chance that officials may deny an I petition if some supporting documents are missing.
Will my relative be able to work after Form I is filed? The I is a petition to help a relative apply for a green card, and does not give the right to work. Can I file I and I together? If you file Form I and your relative is in the United States already, you may be able to file Form I together.
This process is called concurrent filing. They will also be considered as filed concurrently if you have filed Form I either online or via mail, and it is still pending when your relative files Form I to adjust their status. Generally, if your relative is not already in the United States, you will not be able to file to adjust status at the same time, since immigrant visas are dealt with by the Department of State. Will my relative be able to travel on an I? If they cannot prove this, they may be denied entry.
Will Form I still be approved if either myself or my relative has a criminal record? When you file a I for your relative, USCIS may request an interview or biometric information, such as fingerprints or photograph, from both you and the applicant.
This is so they can run background and security checks. If the relative has a criminal record, they may also still be able to apply for a green card. Having a police record can make things more complicated, but does not necessarily lead to a green card denial.
Where should I send my I form? Boundless — for people who want the expertise of an immigration lawyer, not the price tag. Get Green Card Checklist Learn what we do for you. Work Permit Form I Affidavit of Support Form I
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