How to Apply for a Preliminary Immigrant Visa for a US Citizen's Immediate Relative

Immediate family members of U.S. citizens have higher immigration priority.

Section 201(b) of the Immigration and Nationality Act gives special immigration priority to the immediate family of a United States citizen so as to foster family unity. The immediate family consists of a legal, opposite-sex spouse, children under 21 years of age and parents of the citizen. Your local U.S. Citizenship and Immigration Services office will be able to help you begin the process of filing for your family's Preliminary Immigrant visas.

Things You'll Need

• Form I-130
• Form I-485
• Form I-864
• Proof of employment
• Copy of income tax return for prior year

Instructions

1. Make an appointment with your local U.S. Citizenship and Immigration Services (USCIS) office to file the paperwork for your immediate family members' Preliminary Immigrant Visas.

2. Fill out a form I-130 and pay a $420 fee (as of January 2011) for each application. This form is called the "Petition for Alien Relative." This form must be filed and be in either pending or approved status in order to proceed with the application process.

3. Complete form I-864, which is an affidavit of support. The sponsoring U.S. citizen must certify that she is able to financially support her immediate family members.This legally-binding document is enforceable for 40 quarters, or 10 years.

4. Provide the caseworker with proof of employment and either a copy of the prior year's income tax return or W-2 form.

5. Receive form I-797 in the mail from the USCIS. This form is called Notification of Action and shows whether the I-30 (Petition for Alien Relative) has been approved or rejected.

6. File the I-485 application packet and pay the $985 filing fee per immediate relative as of January 2011. This is the formal application to register permanent residence. You must include a copy of the receipt you received when you filed the I-130 or the approval notice, which is the I-797.

7. Arrange transportation for your immediate family member(s) to come to the US. Meet them at the port of entry with a copy of all paperwork and escort them to the U.S. Citizenship and Immigration Services office. All that remains is for them to receive their visa -- also known as Green Card -- in the mail or in person from the USCIS.

References

• UCIS: Family of U.S. Citizens