Forms
Petitions
Petition for Alien Fiancé (Form I-129F): A form filed by United States citizen (called the “petitioner”) asking the United States to allow his or her alien fiancé or foreign national spouse living overseas to apply for an immigrant visa so that he or she can come to America and apply for status as a lawful permanent resident (LPR), which is symbolized by a green card.
Petition for Alien Relative (Form I-130): A form filed by an American citizen (called the “petitioner”) asking the United States to allow an alien relative (called the “beneficiary”) of the U.S. citizen, such as a foreign national spouse, to apply for a green card, either by filing an Application to Adjust Status (if the foreign national relative is inside the US) or Application for Immigrant Visa (if the alien relative is outside of the US). Form I-130 asks for basic information about the petitioner, beneficiary, their relationship and the beneficiary’s immigration history.
Petition for Alien Worker (Form I-140): A form filed by a US employer (called the “petitioner”) asking the United States to allow an alien (called the “beneficiary”) to apply for a green card so that the foreign national can work for the US employer.
Petition for Amerasian, Widow(er) or Special Immigrant (Form I-360): A form filed by a widow, widower, abused spouse of a US citizen and certain other foreign national to obtain permanent resident status. An alien relative eligible to use Form I-360 will file it to start the green card process when a U.S. citizen either cannot or will not submit an Alien Relative Petition (Form I-130) on the alien’s behalf.
Petition to Remove Conditional Residence Status (Form I-751): A form filed by an alien spouse (and, if possible, by his or her U.S. citizen spouse) asking USCIS to make his or her “conditional” green card status permanent.
A greencard issued to a foreign national spouse whose marriage to a United States citizen is less than two years old as of the green card application’s approval is issued “conditionally.” This means that it will expire two years later unless the foreign national spouse and U.S. citizen spouse file Form I-751, along with documents demonstrating the continuing validity of the marriage, between 21 and 24 months after USCIS initially granted the green card.
If the alien spouse and U.S. citizen spouse are still married, this is often a straightforward process. If the couple is divorced or if the American citizen spouse does not cooperate, the process is more difficult, because USCIS will be very suspicious that the marriage was motivated by immigration considerations. Even in these situations, though, the foreign national can make the conditional green card permanent by proving (again) that the marriage was entered into in good faith, deportation will cause extreme hardship, or spousal abuse occurred.
Applications
Application to Replace Alien Registration Receipt Card (Form I-90): An application filed by a lawful permanent resident of the United States to replace a lost or expired green card.
Application for Replacement of Nonimmigrant Arrival-Departure Document (Form I-102): A form that a nonimmigrant alien can file with USCIS to obtain a new or replacement Nonimmigrant Arrival-Departure Document (Form I-94).
Application for Travel Document (Form I-131): The form filed by an alien with USCIS when seeking permission to travel outside the United States while USCIS is processing his or her green card application. The foreign national relative can file Form I-131 along with the documents comprising the green card application (the Alien Relative Petition [Form I-130] and Application to Adjust Status [Form I-485]) or afterwards.
If USCIS approves the Application for Travel Document, the foreign national will receive a permission to travel abroad in the form of a Travel Document, which is also called “advance parole.”
However, a foreign national that has been in America illegally for more than 180 days should never leave the United States until receiving his or her green card. Even if granted advance parole by USCIS, an alien that has overstayed for six months or more who leaves the United States before getting a green card will not be allowed back into the U.S. for three or ten years, depending on the period of unlawful presence.
Application to Adjust Status (Form I-485): The form filed by an alien with USCIS when seeking to change from nonimmigrant to permanent resident status (i.e., green card holder) from inside the United States. Form I-485 asks for personal information about the foreign national, as well as information regarding the basis for the green card filing, such as whether it is family or employment based.
The personal information regarding the alien includes questions about his or her political affiliations, morals, criminal history and intended conduct in America.
For example, the form asks if the foreign national applicant has ever been arrested, violated U.S. immigration laws, been a Nazi, engaged in genocide, or intends to spy on the United States, among other questions. Not all deviant behavior will bar someone from becoming a lawful permanent resident (i.e., getting a green card), but answering yes to questions regarding criminal conduct, genocide, spying and misconduct can cause an application’s denial. To determine whether an affirmative answer to a question on Form I-485 can result in a denial, one should consult with an experienced immigration attorney.
Application for Employment Authorization Document (Form I-765): The form filed by an alien relative with USCIS when seeking permission to work in the United States while USCIS is processing his or her green card application. The foreign national relative can file Form I-765 along with the documents comprising the green card application (the Alien Relative Petition [Form I-130] and Application to Adjust Status [Form I-485]) or afterwards.
If USCIS approves an Application for Employment Authorization, it will send the green card applicant a plastic card called an Employment Authorization Document (EAD), which is the official name of a work permit. This is another way of saying that “work permit” is the unofficial term for an EAD. Alternatively, USCIS will schedule an appointment for the applicant to come in and get an EAD.
Miscellaneous Forms
Affidavit of Support (Form I-864): A document submitted by a family-based green card applicant’s petitioning U.S. citizen relative in support of the green card application demonstrating that the petitioner has the financial resources to support the applicant. If the petitioning U.S. citizen relative does not have enough income or assets to support the alien, another U.S. citizen or lawful permanent resident (LPR) can serve as co-financial sponsor by submitting an additional Affidavit of Support. The Affidavit of Support is a contract between the person signing it and the U.S. government obligating the signer to repay the government if the alien receives financial assistance from the government after getting a green card.
Biographic Information Forms Re Application for Immigrant Visa (Forms DS 230 Parts I and II): Forms used by the United States Department of State that an alien relative seeking an Immigrant Visa from a U.S. embassy or consulate must submit. These forms ask for biographical data regarding the foreign national and his or her U.S. citizen relative.
Biographic Information (Form G-325A): a form filled out and filed by a petitioner U.S. citizen and his or her alien relative, such as a foreign national spouse, in conjunction with an Alien Relative Petition (Form I-130). Each spouse fills out a separate Form G-325A, which asks the U.S. citizen-petitioner and alien-beneficiary for biographic information.
Color Photograph Specifications (Form M-378): This form sets forth the most recent color photograph specifications for green card applicants.
Initial Nonimmigrant Arrival-Departure Document (Form I-94): A green or white card that most foreign nationals entering the U.S. legally in non-immigrant status receive as evidence of legal entry. Form I-94W is provided to those nonimmigrant foreign nationals that arrive in the United States pursuant to the Visa Waiver Program. Aliens that arrive in American with a nonimmigrant visa receive a Form I-94. Most Canadians and those Mexicans entering the United States with a border crossing card, however, do not receive I-94 cards.
Adjustment of Status applicants generally must prove that they entered the U.S. legally in order to qualify for a green card. Thus, the qualifying relatives of US citizens, such as an American’s alien spouse, should submit a copy of his or her I-94 card or other proof of legal entry along with the Adjustment of Status application.
Alien Registration Receipt Card (Form I-551): The official title of a green card. [A form given to a foreign national upon approval of his or her green card application.] Until recently, a red stamp was placed in a successful green card applicant’s passport at the time of approval that served as proof of lawful permanent resident (LPR) status until the alien received the actual green card. At present, green cards typically arrive in a week or two, so successful foreign national applicants only get I-551 stamps if they can convince USCIS that they need it, such as for immediate overseas travel.
Notice of Action / Notice of Approval (Form I-797): A form from USCIS stating that it has received or made a decision on a petition or application.
Minimum Income Requirements for Form I-864 (Form I-864P): A form that sets forth Poverty Guidelines established by the United States government. These Poverty Guidelines set forth the minimum income level that an American citizen or greencard holder willing to execute an Affidavit of Support (Form I-864), and thus act as a financial sponsor for a green card applicant, must meet. To qualify as a financial sponsor, the U.S. citizen or permanent resident must have income that exceeds by 25% the poverty level income for a family of his or her size, or assets valued at five times the difference between 125% of the federal Poverty Guidelines and his or her actual income.
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