How to File Immigration Petition
There are two types of immigrant petitions:
- Family-based immigration where a foreign-national relative needs to apply for U.S. immigration
- Employment-based immigration where an employer files for immigration of an employee
Family-based immigration uses the I-130 form whereas the employment-based immigration uses the I-140 form.
Steps to File Immigration Petition
For family-based immigration, if the alien relative is already in the U.S:
1File an immigration petition, Form I-130, with supporting documents to prove the relationship with the relative.
2If the petition is approved, the relative applicant can then file an I-485 application to adjust his or her status to permanent resident.
3The relative attends a green card interview if the application is approved.
4The relative receives a green card in the mail if the interview goes well.
For family-based immigration, if the alien relative is outside the U.S.:
1File an immigration petition and request that the USCIS notify a U.S. consulate in the country where the relative applicant lives.
2Once the immigration petition is approved and an immigrant visa is available the relative applicant will be notified.
In most cases, the relative applicant will have to attend a visa interview at the nearest U.S. consulate or embassy.
3The relative applicant can then apply for an immigrant visa, and on the day he or she enters the U.S. he or she becomes a U.S. permanent resident.
4The relative applicant receives a green card in the mail.
For employment-based immigration:
1The employer must get an approved Labor Certification.
2The employer must file an immigration petition (Form I-140) for the worker applicant.
3After the I-140 petition is filed, the worker applicant files a green card application.
If the worker applicant lives in the U.S., he will file Form I-485 with USCIS. If the worker lives outside the U.S., he will file Form DS-230 with the U.S. Department of State.
4The worker applicant attends a visa interview if the green card application is approved.
5The worker applicant receives a U.S. green card in the mail if the interview goes well.
Related Articles
Other "How To" ARTICLES
Share the page
US Citizenship
Citizenship Application Form N-400
Replace Certificate of Citizenship Form N-565
Certificate of Citizenship Form N-600
US Immigration
Green Card
Green Card Replacement Form I-90
Remove Condition on Green Card Form I-751
Adjustment of Status Form I-485
New Articles
US Visas
Visitor Exchange Visa (J1 Visa)
Skilled/Unskilled Work Visa (H2B Visa)
Intracompany Transferee (L1 Visa)
Extraordinary Ability Work Visa (O1 Visa)
Religious Worker Visa (R1 Visa)
US Visa Entry for Spouse and Children
US Immigration Forms
US Citizenship Application Form N-400
Employment Authorization Document Form I-765
Travel Document Application Form I-131
Conditional Green Card Form I-751
Certificate of Citizenship Replacment Form N-565
Certificate of Citizenship Application Form N-600
Duplication Approval Notice Form I-824
Affidavit of Support Form I-134
US Immigration DVDS & Resources
CONTACT | PRIVACY POLICY | TERMS OF USE | REFUND POLICY | BLOG | SITE MAP