Petition for Relative Application for Permanent Residence

The Petition for Alien Relative and Application for Permanent Residence is the process to get permanent residence for close relatives of U.S. and U.S. permanent residents.

Relatives that Qualify for the Permanent Residence Petition

• Immediate Relatives: Relatives of U.S. citizens are immediate relatives if they are spouses, children under 21, or parents of the U.S. citizen. Visas are always available for immediate relatives.
• Preference System: Other relatives are classified under the preference system.
  • 1st Preference: Unmarried sons and daughters (over 21) of a U.S. citizen.
  • 2nd Preference: Spouses and children (under 21) of a permanent resident.
  • 3rd Preference: Married sons and daughters (over 21) of a U.S. citizen.
  • 4th Preference: Brothers and sisters of a U.S. citizen.

Immigrant Visa Petition

The immigrant visa petition for an alien relative can be filed at any time. The Petitioner must show proof of U.S. citizenship or permanent residence and documentary evidence of the qualifying relationship to the Beneficiary. If the relative being sponsored is an immediate relative and is in the U.S., the relative petition and the Application for Permanent Residence can be filed together.

Application for Permanent Residence

After the Relative Petition is approved, the Application for Permanent Residence can be filed if visas are available. Visas are always available for immediate relatives of U.S. citizens. Beneficiaries under the preference system must wait until visas are available. The date of filing the petition establishes the “priority date” which is the Beneficiary’s place in line for their visa. Please contact our office for the current visa bulletin and visa availability.

At the time the Application for Permanent Residence is filed, the Beneficiary can apply for work authorization and permission to travel outside the U.S. while the application is processing.

Marriage: If the relative petition is based on marriage, at the time of the interview, if the Petitioner and Beneficiary have been married less than two years, the INS will grant the Beneficiary conditional permanent residence. The Beneficiary must file a petition to remove the conditions two years after the conditional permanent residence is granted.

Relative Petition and Application for Permanent Residence Document List

Petitioner

1. U.S. passport, Naturalization Certificate or Permanent Resident Card
2. Birth Certificate or Certificate of Unavailability
3. Marriage Certificate and Divorce Decree(s)
4. G-325 Biographic Information
5. I-864 Affidavit of Support
6. Income Tax Returns for past 3 years
7. Job verification letter
8. Evidence of marriage (wedding photos, insurance policies, accounts in both names)
9. Photo (1)

Beneficiary

• Passport (current and expired)
• I-94 Card
• INS Approval Notices and Employment Authorization Card (1-797, 1-20, EAD)
• Birth Certificate of Certificate of Unavailability
• Marriage Certificate and/or Divorce Decree(s)
• G-325 Biographic Information
• Medical Examination (At later date)
• Photos (1 for I-130) (2 for 1-485) (2 for Parole Document) total of 5

Richard Harris Law Firm works to simplify the relative petition process. If you would like us to assist in your relative petition, please contact us.