Immediate Relatives of US citizen

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US Citizen can file green card for his/her parents. In order to file for parents following conditions must be met by applicants.

Contents

Step By Step Process :

  1. File Form I 130. ( File for both parents (mother and father ) with I 130 filling send following documents :
    1. Document which shows your legal status and proof of family relationship.
    2. G - 28 . In case if you are represented by attorney you need to send this form.
    3. USCIS fees
  2. After USCIS receives package from you they will issue a I 797c notice of action and send it to you. I 797c has receipt number which can be used to track application status. Please note that sometime it takes months for USCIS to process case.You can check processing time on USCIS's website.
  3. If USCIS required more information regarding case it may generate Request for further evidence (RFEs).Once applicant submit all RFEs document USCIS will resume processing of case
  4. After USCIS approves case it will send I 797 Approval Notice to applicant and then move case to NVC (National Visa Center).NVC will notify beneficiary after it receives petition from USCIS and when immigrant visa become available. Sponsor doesn't need to contact NVC unless there is change in information like address change , reaching at age 21 , death of spouse , marriage , divorce etc.
  5. Once immigrant visa become available beneficiary can apply at Consulate or if in USA then apply for Adjustment of Status.Also if visa dates are current for beneficiary and if person is in USA then he/she may apply for Adjustment of Status - I 485 concurrently with I 130.

Eligibility Criteria :

If you are a U.S.citizen you must file a separate Form I-130 for each parent. You must be age 21 or older.

You may not file for a person in the following categories:

  1. An adoptive parent or adopted child, if the adoption took place after the child's 16th birthday, or if the child has not been in the legal custody and living with the parent(s) for at least two years.
  2. A natural parent, if the U.S. citizen son or daughter gained permanent residence through adoption.
  3. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

Common Instructions:

How to Fill Out Form I-130 (Instructions)

  1. Type or print legibly in black ink.
  2. If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and date and sign each sheet.
  3. Answer all questions fully and accurately. State that an item is not applicable with "N/A." If the answer is none, write "none."

Translations : Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English.

Copies : If these instructions state that a copy of a document may be filed with this petition, submit a copy. If you choose to send the original, USCIS may keep that original for our records. If USCIS requires the original, it will be requested.

Required Documents to prove your citizenship

  1. If you were born in the United States, a copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority.
  2. A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.
  3. A copy of Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. Embassy or consulate.
  4. A copy of your unexpired U.S. passport; or
  5. An original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.
  6. What if any of above documents is not available and you were born in USA.
    1. Church record: A copy of a document bearing the seal of the church, showing the baptism, dedication or comparable rite occurred within two months after birth, and showing the date and place of the child's birth, date of the religious ceremony, and the names of the child's parents.
    2. School record: A letter from the authority (preferably the first school attended) showing the date of admission to the school, the child's date of birth or age at that time, place of birth, and names of the parents.
    3. Census record: State or Federal census record showing the names, place of birth, date of birth, or the age of the person listed.
    4. Affidavits: Written statements sworn to or affirmed by two persons who were living at the time and who have personal knowledge of the event you are trying to prove. For example, the date and place of birth, marriage or death. The person making the affidavit does not have to be a U.S. citizen. Each affidavit should contain the following information regarding the person making the affidavit: his or her full name, address, date and place of birth, and his or her relationship to you, if any, full information concerning the event, and complete details explaining how the person acquired knowledge of the event.

Required Documents to prove your Family Relationship

You need to prove that there is a family relationship exists between you and beneficiary of petition.

  1. A mother: Submit a copy of your birth certificate showing your name and your mother's name.
  2. 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, and copies of documents showing that any prior marriages of either your father or mother were legally terminated. If you are filing for a stepparent or adoptive parent, or if you are filing for your father and were not legitimated before your 18th birthday, also see 3 ,4 ,5.
  3. 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.
  4. 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, copies of documents showing that any prior marriages were legally terminated and a copy of the stepchild's birth certificate.
  5. 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 your name has been changed

If either you or the person you are filing for is using a name other than shown on the relevant documents, you must file your petition with copies of the legal documents that effected the change, such as a marriage certificate, adoption decree or court order.

Filling Fees :

You don't required finger print fees ( bio metric fees ) for I 130.

Click on this link to learn more about latest USCIS fees.


Where to submit documents :

Make a 2 copies of all documents and keep one with you for record and mail entire package along with Fees to below address.

If you reside in the United States, file the I-130 form at the Lockbox according to following instructions:Where To File?If you are the petitioner and you reside in Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming and you are filing only Form I-130, mail the petition to the USCIS Lockbox Facility. The address is as follows:

USCIS
P.O. Box 804625
Chicago,IL 60680-4107

If you are the petitioner and you reside in Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia, or District of Columbia and you are filing only Form I-130, mail the petition to the USCIS Lockbox Facility. The address is as follows:

USCIS
P.O. Box 804616
Chicago,IL 60680-4107


NOTE: If the Form I-130 petition is being filed concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status, submit both forms concurrently to:

U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4107

For couriers/express deliveries:

USCIS
Attn: FBAS 131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

Petitioners residing abroad:If you live in Canada, file your petition at the Vermont Service Center. Exception: If you are a U.S. citizen residing in Canada, and you are petitioning for your spouse, child, or parent, you may file the petition at the nearest U.S. Embassy or consulate, except for those in Quebec City. If you reside elsewhere outside the United States file, your relative petition at the USCIS office overseas or the U.S. Embassy or consulate having jurisdiction over the area where you live. For further information, contact the nearest U.S. Embassy or consulate.
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