One can petition for parents only if the petitioner is US Citizen. GC holder or LPR cannot apply for parents.
Parents cases of USC are processed differently from the Spouse of USC though they come under the same category.
If parents are already in US, they can go thru the AOS process or CP.
If parents are outside of US, they can go thru the CP only.
For Whom Are You Petitioning?
For AOS or CP, I-130 is the common form.
Form I-130, Petition for Alien Relative, Petition for Alien Relative (if you are filing for both parents, you must file a separate petition for each parent)
Filing Fee - $190.00 (Don't forget to check the USCIS for the latest)
A copy of petitioner's birth certificate showing your name and parent's name
If your name or your parent's name is different now than at the time of your birth, you must provide evidence of the legal name change.
A copy of your parents’ civil marriage certificate (for father's application)
If you were not born in the United States , a copy of either your Certificate of Naturalization or Citizenship or your U.S. passport
In case of missing Birth Certificate:
Non-Availability Certificate from the Governmental Agency
Two affidavits from family members - from an older blood relative, i.e., a parent, aunt, uncle, sibling, who has personal knowledge of your birth
In case of missing Marriage Certificate:
Two affidavits from family members
Wedding Invitation
Affidavits must be notarized
Do not forget to include the certified translated copies of any letters provided in foreign language.
For AOS - Family-Based Applications - Immediate Relatives
Submit the following forms:
I-485, Application to Register Permanent Residence or to Adjust Status
Fee - $395.00, includes $70.00 Biometrics Fee
Photographs - Two
Applicant Birth Certificate - see above in case of missing official Birth Certificate
Copy of Visa page(s)
Copy of I-94 - Both Sides
Visa Number is the one in RED
G-325A, Biographic Information
No Fee
Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).
I-864, Affidavit of Support
No Fee
Employment Verification letter
Copy of Tax Returns or Tax Transcripts - Last Three Years, recently changed to 1 year
Copy of W2 - Last Three Years, if filed Joint Tax Returns and only one of them is the sponsor
I-864A, if Co-Sponsor is needed and filed along with I-864. This form is needed if the main sponsor's income is not sufficient
No Fee
Co-Sponsors Employment Verification Letter
Co-Sponsors Copy of Tax Returns or Tax Transcripts - Last Three Years, recently changed to 1 year
Co-Sponsors Copy of W2 - Last Three Years, if filed Joint Tax Returns and only one of them is the sponsor
I-693, Medical Examination of Aliens Seeking Adjustment of Status
It has to be sealed
No Fee
All required supporting documentation as listed on the above forms.
You may download a package of all of these forms in PDF format (41 pages, 1.89 MB)
You may also submit the following forms:
G-28, Notice of Entry of Appearance as Attorney or Representative (if you have a lawyer)
No Fee
I-765, Application for Employment Authorization, if you want to work while your application is processed
Fee - $ 180.00
Photographs - Two
Copy of I-94 - Both sides
I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed
Fee - $ 170.00
Where to File - Concurrent Filing - I-130, I-485, I-131, I-765 - AOS
Chicago Lockbox
U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago , IL 60680-4120
Or, for non-United States Postal Service (USPS) deliveries (e.g. private couriers)
U.S. Citizenship and Immigration Services
Attn: FBASI
427 S. LaSalle – 3rd Floor
Chicago , IL 60605-1098
Where to File - only I-485 after I-130 Approval
Apply at Chicago Lockbox
Where to File - only I-130 for CP
Apply at your Service Center
Cases Transferred to CSC - USCIS Statement
FBI Finger Print Status Check 304-625-5590 (press 3) - applied for I-485 - give them your Alien number
Consular Processing (CP)
What Does the National Visa Center Do?
After a Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) office in the United States approves the petition I-130, it sends the petition to the National Visa Center (NVC). NVC does the following:
* Assigns a case number
* Sends Form DS-3032 Choice of Address and Agent (../visa/frvi_forms.html ) to the applicant (your parents). The applicant selects an agent. The agent can be anyone, including the applicant. The NVC will mail all future letters (except for the Affidavit of Support, Form I-864) about processing the immigrant visa case to the agent. Make sure the postal address is correct and is kept up-to-date.
* Sends the bill for the Form I-864 Affidavit of Support processing to the petitioner
* Sends the I-864 Forms and Instructions to the petitioner after the petitioner pays the I-864 processing fee
* Sends the bill for immigrant visa (IV) processing fee to the agent after the applicant sends form DS-3032 Choice of Address and Agent, to the NVC
* Sends an instruction package to the agent after the agent pays the immigrant visa application processing fee, Form DS-230
* Reviews information for technical correctness and completeness.
* Sends the petition to the embassy or consulate where the applicant will apply for a visa when the case file is complete
The exact contents of the Instruction Packet will depend on where the applicant will be interviewed for a visa.
Instructions for Immigrant Visa Applicants - Checklist
List of Consulates and Embassies
Visa Bulletin
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