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:
1. File an immigration petition, Form I-130, with supporting documents to prove the relationship with the relative.
2. If the petition is approved, the relative applicant can then file an I-485 application to adjust his or her status to permanent resident.
3. The relative attends a green card interview if the application is approved.
4. The 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.:
1. File an immigration petition and request that the USCIS notify a U.S. consulate in the country where the relative applicant lives.
2. Once 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.
3. The 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.
4. The relative applicant receives a green card in the mail.
For employment-based immigration:
1. The employer must get an approved Labor Certification.
2. The employer must file an immigration petition (Form I-140) for the worker applicant.
3. After 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.
4. The worker applicant attends a visa interview if the green card application is approved.
5. The worker applicant receives a U.S. green card in the mail if the interview goes well.
