GREEN CARD FOR IMMEDIATE RELATIVES OF U.S. CITIZEN

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:

• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
• You were inspected and admitted or inspected and paroled into the United States;
• You are physically present in the United States at the time you file your Form I-485;
• You are eligible to receive an immigrant visa;

• 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.

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.

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:

• Form I-485, Application to Register Permanent Residence or Adjust Status;
• Copy of the Form I-797, Approval or Receipt Notice, for the Form I-130 petition filed on your behalf (unless you are filing Form I-485 together with the Form I-130);
• Two passport-style photographs;
• Copy of your government-issued identity document with photograph;
• Copy of your birth certificate;

• Copy of your passport page with nonimmigrant visa (if applicable);
• Copy of your passport page with your admission  or parole stamp (issued by a U.S. immigration officer) (if applicable);
• Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)
• Form I-864, Affidavit of Support Under Section 213A of the INA or Form I-864EZ, Affidavit of Support Under Section 213A of the Act or Form I-864W, Intending Immigrant’s Affidavit of Support Exemption (whichever applies);
• Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, such as by mail when we request it or in person at your interview, if any);
• Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable);
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal(if applicable);
• Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see Form I-612, Application for Waiver of the Foreign Residence Requirement);
• If you currently hold A, G, or E nonimmigrant status, include Form I-508, Request for Waiver of Rights, Privileges, Exemptions, and Immunities. Additionally, if you are a French national, you may also need to include Form I-508F;
• Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only if you have A, G, or NATO nonimmigrant status); and
• Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (if applicable).

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.