GREEN CARD FOR IMMEDIATE RELATIVES OF U.S. CITIZEN

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YOU ARE AN IMMEDIATE RELATIVE IF YOU ARE:

If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements.

  • The spouse of a U.S. citizen;
  • The unmarried child under 21 years of age of a U.S. citizen; or
  • The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).

ELIGIBILITY FOR ADJUSTMENT OF STATUS

If you are currently in the United States, in order to be eligible for a Green Card as an immediate relative, you must meet the following requirements:

  • An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application;
    • Note: A visa is always available for immediate relatives.
  • The relationship to the family member who filed Form I-130, Petition for Alien Relative, for you still exists;
  • None of the applicable bars to adjustment apply to you;
  • You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
  • You merit the favorable exercise of USCIS’ discretion.

Inspected and Admitted or Inspected and Paroled Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. There are some limited exceptions to this eligibility requirement. For more information on this requirement, see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”Eligibility to Receive an Immigrant Visa You are eligible to receive an immigrant visa if you are the beneficiary of:

  • An approved Form I-130 on your behalf;
  • A pending Form I-130 (that is ultimately approved); or
  • A Form I-130 (that is ultimately approved) filed together with your Form I-485.

BARS TO ADJUSTMENT

Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status. You are ineligible to apply for adjustment of status if one or more bars to adjustment listed in section 245(c) of the Immigration and Nationality Act (INA) apply to you. For more information, please see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) AdjustmentApplying Under INA 245(i) You may be able to adjust status under INA section 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA section 245(a).  See the separate Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (PDF, 264 KB) for more information.

GROUNDS OF INADMISSIBILITY

To qualify for a Green Card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in INA 212(a) and are called grounds of inadmissibility. In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you. As the immediate relative of a U.S. citizen, the following ground of inadmissibility does not apply to you:

  • Labor certification and qualifications for certain immigrants (INA 212(a)(5))

If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or other form of relief. See Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible. Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. Eligibility requirements for waivers and other forms of relief vary. For information on the grounds of inadmissibility and waivers, please see USCIS Policy Manual Volume 8, Admissibility, and Volume 9, Waivers.

HOW TO APPLY

If you are currently in the United States and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country.  This is called “adjustment of status.” As an immediate relative, you may file your Form I-485 together (“concurrently”) with the Form I-130, Petition for Alien Relative filed on your behalf, while the Form I-130 is pending, or after the Form I-130 is approved (and remains valid). For more information, see our pages on Concurrent Filing and the Form I-130, Petition for Alien Relative. Immigrant visas for immediate relatives of U.S. citizens are unlimited, so the visas are always available.

WHAT TO SUBMIT

You should submit the following documentation and evidence to apply for a Green Card as an immediate relative who is already in the United States:

Note: Certain forms, including Form I-485, have a filing fee (see below). You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver.

TitleUSCIS FeeBiometrics Fee
Application to Register Permanent Residence or Adjust StatusA biometric services fee is required from applicants 14 – 78 years of age.$1,14085
Application to Register Permanent Residence or Adjust StatusIf under 14 years of age and Filing with the Form I-485 of at least one parent;$750N/A
Application to Register Permanent Residence or Adjust StatusIf under 14 years of age and NOT filing with the Form I-485 of at least one parent.$1,140N/A
Application to Register Permanent Residence or Adjust StatusIf filing for adjustment as a refugee under INA section 209(a) No FeeN/A

EMPLOYMENT AUTHORIZATION AND ADVANCE PAROLE DOCUMENTS

Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization. You may also apply for an advance parole document by filing a Form I-131, Application for Travel Document. An advance parole document authorizes you to appear at a port-of entry to seek parole into the United States after temporary travel abroad. If you need to leave the United State temporarily while your Form I-485 is pending, please see the Instructions for Application for Travel Document for more information. Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application.

ONE OF OUR LEGAL SERVICES: ATTORNEY APPLICATION REVIEW

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APPLICATION REVIEW

$699
  • Check Your Eligibility
  • Attorney’s Consultation(s) (The lawyer will guide you through the application process)
  • Less Questions, Faster Application (Easy-To-Use Software To Fill Out Immigration Forms)
  • Instant Alerts Help You Avoid Mistakes (Automatic Help and Tips on Complicated Questions; Instant Alerts To Help Avoid Mistakes; Automatic Help and Tips on Complicated Questions)
  • Technical Support (Access And Share Your Completed Forms After You File)
  • Ensures Completeness (Instant Alerts To Help Avoid Mistakes)
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  • Case submission (Automatic Case preparation guidance)
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ATTORNEY REPRESENTATION

$1499
  • Check Your Eligibility
  • Attorney’s Consultation(s) (The lawyer will guide you through the application process)
  • Less Questions, Faster Application (Work with your lawyer to prepare your application)
  • Instant Alerts Help You Avoid Mistakes (After your lawyer reviews your forms, they’ll call you to discuss any errors or answer your questions about your forms)
  • Technical Support (Access And Share Your Completed Forms After You File)
  • Ensures Completeness (Once it’s complete, Attorney do a final review and file the paperwork with the US government on your behalf)
  • Documents checklist (Work with your lawyer to prepare your application)
  • Personalized Instructions (Personalized Supporting Documents and Evidence Checklist)
  • Case submission (Your attorney will give you a checklist and guide you through the process collecting supporting evidence)
  • Case Status Online Check (Work with your lawyer to prepare your application)
  • Preparation for Immigration Interview (Your lawyer will file the application on your behalf)
  • Immigration Interview appearance ** (Included case by case and location)
  • Shipping Label With Tracking Number

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