Updated: May 12, 2022

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Getting a Green Card means you have been authorized to live and work in the United States on a permanent basis.

In addition to living and working in the U.S. permanently, there are numerous other benefits of getting a green card:

• You can now sponsor family applying for their own green cards.
• You may travel outside the U.S. and return without disrupting your status.
• Once you've had your green card for five years, you may apply to become a U.S. citizen.
• You are eligible to receive Social Security benefits after 10 years of work.
• You qualify for in-state tuition.

How to Become a Permanent Resident

There are a few different ways you may become a green card holder:

• Sponsorship by a family member in the United States.
• Sponsorship by an employer's offer of permanent employment in the United States or through your own entrepreneurship.
• Through attaining refugee or asylee status or through another humanitarian program.

To qualify for a green card, you must fall into one of the available immigrant categories.

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Available Immigrant Categories:

• Family-based
• Job or employment-based
• Based on refugee or asylum status

a. Family-Based

You may qualify for a green card if you are:

• An immediate relative of a U.S. citizen. This includes spouses, unmarried children under the age of 21, and parents of U.S. citizens age 21 or older.
• Another family member of a U.S. citizen. This includes unmarried children over the age of 21, married children of any age, and brothers and sisters of U.S. citizens age 21 or older.
• A family member of a lawful permanent resident. This includes spouses and unmarried children of the sponsoring lawful permanent resident.

If you fall into one of the above categories, you can learn how to prepare a family-based green card application with SimpleCitizen here.

In addition to the above categories, being a member of another special category may qualify you to get a green card based on family. These include being a:

• Battered spouse or child
• A K nonimmigrant
• A person born to a foreign diplomat in the United States
• A V nonimmigrant
• A widow(er) of a U.S. citizen

Important to note: There is an order of preference for people who wish to immigrate to the U.S. based on family. First preference goes to the first category listed above, immediate relatives of a U.S. citizen. To see the complete order of preference for family members, visit the USCIS website.

b. Job or Employment-Based

You may qualify for a green card based on a job offer or your plans to invest in the U.S. economy and create jobs. The employment-based category includes:

• Green card through a job offer. This is also known as sponsorship through an employer — in other words, when an employer sponsors your green card application.
• Green card through investment or entrepreneurship. Immigrant investors/entrepreneurs who are investing in a U.S. - based business that creates new U.S. jobs may be eligible for a green card.

Green card through special categories of jobs. You may be able to get a green card based on having a past or current job in one of the following special categories set forth by the U.S. government:

• Afghan/Iraqi translator
• Armed forces member
• Broadcaster
• International organization employee
• Iraqi who assisted the U.S. government
• Afghan who assisted the U.S. government
• NATO-6 Nonimmigrant
• Panama Canal employee
• Physician National Interest Waiver
• Religious worker

c. Refugee or Asylum Status

You may be able to get a green card through your status as a refugee or asylee.

• If you're a refugee, the law requires you to apply for your green card within a year of entering the U.S.
• If you have been granted asylum in the U.S., the law requires you to apply for your green card within a year of asylum status being granted.

Filing an Immigrant Petition

If you belong to one of the above categories, next you will need an immigrant petition filed on your behalf. The petition establishes the basis for your immigration and the classification or category in which you belong.

• For people immigrating based on family, the petitioner will file Form I-130, Petition for Alien Relative. Click here to start a family-based petition.
• For people immigrating based on employment, the petitioner will file Form I-140, Immigrant Petition for Alien Worker

How to find out if you are eligible to apply

Everyone who wishes to get an immigrant visa (and apply for any subsequent status adjustment) must prove that they are eligible for admission to the United States.

What would make someone inadmissible? The grounds of inadmissibility are set by Congress and are particular to the category under which you are immigrating. These factors include:

• Financial reasons. The relative who sponsors you must be able to support you.
• Health-related reasons. You cannot have a disease that makes you a public health risk.
• Immigration history. If you've ever entered the U.S. illegally or overstayed a visa by six months or longer, you may be deemed inadmissible.
• Criminal history. Applicants who have been charged and/or convicted of certain crimes, such as violent felonies, drug offenses and terrorism, may be deemed inadmissible.

SimpleCitizen's Eligibility Quiz

In order to make sure you are eligible to apply and that you choose the correct application for your situation, you can use SimpleCitizen's free eligibility quiz here.

By answering just a few easy questions you can determine if you are eligible to apply. Here's how it works:

If you have a questions about your eligibility or are unsure how to get started, here are a few options:

• Contact SimpleCitizen Support

Sign up for SimpleCitizen & take the guesswork out of the Green Card process

You don't have to try to navigate the green card process yourself, and you don't have to pay outrageous attorney fees. SimpleCitizen's easy to use software will guide you through the whole green card application.

Apply for a green card at the fraction of the cost of using an attorney — with all the comfort of having a guide along the way.

Your American dream awaits you, and SimpleCitizen can help you achieve it.

Click here to start your application.

Last Updated: January 15, 2020.

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Self-Employed Sponsor and Form I-864

What you need to know about having a Self-Employed Sponsor fill out Form I-864. One of the requirements to get a green card is having a financial sponsor file the I-864, Affidavit of Support. This USCIS form is basically a contract between the financial sponsor, the immigrant applicant and the US government. As part of the contract, the sponsor must meet certain income requirements to qualify as a financial sponsor for the immigrant. Like every form on the green card application, several documents must be submitted as supporting evidence for the information provided in the application.

Submitting supporting evidence for a sponsor that is currently employed is fairly straightforward. The sponsor needs to attach their most recent federal tax return, a letter from their employer and pay stubs for the past 6 months. These requirements become useless when the sponsor is either self-employed or retired.

Self-Employed Sponsors & Form I-864 Supporting Documents

The USCIS actually has a few guidelines when it comes to proving an income amount for a sponsor that is self-employed or a business owner. The USCIS suggests that self-employed sponsors should attach the following photocopies of documents to their I-864, Affidavit of Support:

• Total and Complete Tax Return: All schedules associated with the federal return including Schedule C (Profit/Loss from Business), Schedule D (Capital Gains/Loss), Schedule E (Supplemental Income/Loss) and Schedule F (Profit/Loss from Farming).
• Business Licenses and registrations.
• Signed and dated statement about the nature of the business and the sponsors involvement.
• Bank Statements for the previous 6 months.

Retired Sponsors & Form I-864 Supporting Documents

If the sponsor that is submitting the Form I-864, Affidavit of support is retired, a similar problem exists. Again, the goal for a retired financial sponsor is to simply provide independent evidence that establishes a steady flow of income matching the amount reported in the Form I-864. This can be accomplished by providing the following documents:

• Recent Pension Statements and Current Pension Payment Receipts
• Social Security Documents that indicate payments
• Complete Tax Returns
• Bank Statements for the previous 6 months

As you are working to complete your green card application and fill out a correct Form I-864, make sure that you are avoiding some of the other pitfalls of the financial sponsor for a green card. Making sure that you are calculating the household size correctly or including the accurate income amounts are a few of the important things to remember when working on this application. SimpleCitizen is a do-it-yourself tool to help you avoid these common mistakes. We are the only truly comprehensive service, guiding users from signup to citizenship while ensuring their application is correct and complete at every stage.

Last Updated Jan 15, 2020.

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The I-130, Petition for Alien Relative, is the first form you must submit in order to obtain lawful permanent residence (green card) for a family member. After submitting this form, there are three key steps which must occur to receive a green card:

1. Confirmed Receipt of I-130

Within 2-3 weeks of submitting your I-130, you should receive a Notice of Action (also known as Form I-797). It is vital that you read the information on this notice, as it will tell you if your I-130 has been received, rejected, or requires more information from you. The Notice of Action will contain a priority date and a receipt number can be used to check application status.

If you haven't received a Notice of Action within a few weeks, you should make an inquiry here.

2. Approval Process of I-130

After your I-130 is received, it will be reviewed. USCIS prioritizes the review of petitions from Immediate Relatives, which comprise:

• spouses of citizens
• unmarried children (under age 21) of citizens
• parents of citizens 21 years of age or older.

USCIS issues an unlimited number of immigrant visas (green cards) to Immediate Relatives. Thus, processing time is faster for Immediate Relatives than other relatives.

Other relatives are categorized as Family Preferences:

• Unmarried children of U.S. citizens age 21+, and their minor children (F1)
• Spouses, minors and unmarried children age 21+ (F2)
• Married children of U.S. citizens, their spouses and minor children. (F3)
• Siblings of U.S. citizens, and their spouses and minor children, if age 21+ (F4)

Congress permits a limited number of Family Preference visas per year. Therefore, people who fall into this category often wait longer for a visa number to become available. Priority depends on when the I-130 was submitted. The wait time can be anywhere from 6 months to 6 or more years.

3. Filing for a Green Card

Once your I-130 is approved, you may be permitted to file for a green card and hopefully obtain lawful permanent residence. The filing process depends on relative status and where you are currently living.

Immediate Relatives:

• Inside the US: Immediate relatives inside the US can submit Form I-485 (Application to Register Permanent Residence or Adjust Status) while the U.S. citizen petitioner files Form I-130. Relatives may file I-485 applications any time after a Form I-130 has been submitted if it has not been denied, although relatives must submit a copy of their Notice of Action along with Form I-485 in order to prove that Form I-130 is in process.
• Outside the US: Immediate relatives outside the US obtain green cards through consular processing. The USCIS will work to schedule a visa interview with a U.S. consulate in the relative's country. The Department of State will notify the relative when he or she is may apply for an immigrant visa, which must be applied for within one year of this notification. Once the Department of State issues an immigrant visa, the relative may travel using the visa and will obtain permanent residency when they reach a U.S. port of entry.

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Family Preference:

• Inside the US: Once Form I-130, Petition for Alien Relative, is approved, one must wait for the priority date in one's immigrant visa category to become current (see the date listed in the Notice of Action, and check when it is current by adjusting the following June 2017 URL to reflect the current month and year uscis.gov/visabulletin-Jun-2017). When the date listed is current, it is time to file Form I-485, Application to Register Permanent Residence or Adjust Status. This is the required form for becoming a Permanent Resident.
• Outside the US: Family Preference relatives outside the US also obtain green cards through consular processing. See those details above.

Remember...

• In most cases, children's ages are “frozen” as the ages listed when Form I-130 was filed.
• If unmarried children of U.S. citizens get married before obtaining green cards, they may cause serious delays in processing. Children of U.S. citizens must notify USCIS of any change in marital status after submitting Form I-130.

Last Updated: January 18, 2023.

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When applying for a Green card, an applicant also has the opportunity to apply for Travel Authorization by filing Form I-131, Application for Travel Document. When filed along with the green card, this travel authorization–commonly also called “Advance Parole”–may take between 9-12 months, on average, to be adjudicated by USCIS. Due to this processing time, you may wonder what limitations there are on traveling while your green card application is pending. This article will explore some of those limitations.

The purpose of this article is NOT to provide legal advice but rather to provide legal information regarding the Travel Authorization/Advance Parole document. Anyone seeking legal advice on whether or not they should travel while their green card is pending is encouraged to discuss it with a licensed immigration attorney. 

Before Travel Authorization is Granted

Traveling inside the US Before Travel Authorization is Granted

Before USCIS grants the Travel Authorization/Advance Parole document, an immigrant can typically travel within the continental US while their green card application is still pending.
However, something to keep in mind is that until an applicant has received their receipt notices from USCIS confirming that USCIS has started processing their application, an applicant will not have proof of their pending green card application. This means that if they are traveling inside the US without a valid visa or status, they may not have proof of having legal status in the United States. Because of this, any interactions with US immigration while traveling presents the potential for issues.

Additionally, an applicant will want to be very cautious if traveling outside of the United States to non-continental US territories or states (such as Hawaii or Puerto Rico). In the case of an emergency landing or layover in a non-US territory or country, USCIS would consider that applicant as having left the United States, and the green card application would be considered abandoned.

Traveling outside the US Before Travel Authorization is Granted

After submitting a green card application, an applicant may only be authorized to leave the country and reenter the US once they have received the Travel Authorization/Advance Parole document. While this does not apply to certain dual-intent visas (such as the H1B or L1 visas)*, this does not apply to green card applicants whose non-immigrant visas previously allowed for travel. Non-immigrant visas (such as F1, TN, or B1/B2) are not authorized to travel outside the United States until their Form I-131, Application to Travel, has been approved. Doing so would result in the green card application being denied and could lead to misrepresentation investigations. 

*NOTE: While some dual-intent visas allow for continued travel while a green card application is pending, traveling on a dual-intent visa before the Advance Parole/Travel Authorization is approved likely means that USCIS will deny Form I-131 and will not grant Advance Parole. 

Overall, it can be beneficial for an applicant wishing to travel internationally to wait until USCIS has granted them Travel Authorization before they travel outside the United States. If this travel authorization is pending, an applicant would need to consider whether they have a valid document that will allow for their re-entry into the US and whether they accept the potential repercussions of abandoning their pending application and subsequent denial of the Green Card. 

Navigating Travel after Travel Authorization/Advance Parole is Granted–But While the Green Card application is Still Pending

Currently, the average wait time for the Travel Authorization/Advance Parole document adjudication is around 9-12 months, while the Green Card application itself may take anywhere from 12-24 months to be approved. Due to these timelines, USCIS will likely grant an applicant’s travel authorization while the Green Card application is still pending approval. 

When USCIS issues the Travel Authorization/Advance Parole document, an applicant is essentially authorized to travel in and out of the US while their green card is still being processed. However, after this travel authorization has been approved, there is still some risk that an applicant could experience difficulties re-entering the US or miss important USCIS notices while they are out of the country. This article will discuss these potential risks in greater detail below.

Risks of traveling While a Green Card application is pending

Risks During Re-entry

After international travel, re-entry into the United States is ultimately at the discretion of the US Customs and Border Protection agent, who inspects upon arrival. This means that even if someone has been granted Advanced Parole and has a valid travel authorization document, US Customs and Border Protection can still technically deny their re-entry. Thus, travel authorization does not guarantee entry into the United States.

While generally, there are no issues re-entering, there is always a risk. These cases are not typical, and you can diminish risk by following laws and regulations and not committing crimes that could jeopardize your ability to reenter the United States.

Risks of missing time-sensitive USCIS notices while traveling

The Biometrics Appointment
In the weeks after someone submits a green card application, USCIS will mail them a notice with a scheduled biometrics appointment at a local Application Support Center (ASC). The appointment notice (Form I-797C, Notice of Action) will include the date, time, and location for the ASC appointment. It is recommended that this appointment is attended whenever possible, as it can be challenging to reschedule.

If you are traveling abroad on a dual-intent visa when you get the notice for the biometrics appointment, it could be challenging to return to the United States in time to make the appointment.

Notices for Requests for Evidence

When USCIS needs more information for a case, they issue a “Request for Evidence” (commonly called an RFE). The RFE letter comes in the mail, and USCIS typically outlines what documentation must be submitted and issues a deadline by which they must receive that information. They specify that the applicant must submit the requested documents to them before that deadline. Cases that do not respond to the RFE by that deadline will have their green card application denied. 

Applicants wishing to travel abroad while the green card application is pending will want to be aware that if they receive an RFE while they are away, they will need to respond to the RFE before the deadline or risk having their application denied.

The Green Card Interview with USCIS

In the months after completing your biometrics, USCIS will schedule an interview with a USCIS officer. This interview is conducted in person and is arguably the most important moment in the process of getting a green card. USCIS will mail you an appointment notice (Form I-797C, Notice of Action) which will include the date, time, and location for your interview. It is critical that applicants don’t miss this appointment. Be aware that, in some cases, USCIS can schedule the appointment within weeks of issuing the notice. If you are traveling abroad when you get the notice for the interview appointment, it could be challenging to return to the US in time to make the appointment.

Partner Immigration Attorneys Can Help You Plan

Navigating Travel while a Green Card application is pending presents many nuanced situations. If you have any questions about this topic or how this applies to your specific situation/visa, consider signing up for SimpleCitizen’s Professional Package–which allows you to discuss your questions and concerns with one of our independent partner Immigration Attornies.

Learn more about what this package includes here: https://www.simplecitizen.com/pricing/

FAQ

Can I use my dual intent visa (H1B or L1) to travel while my green card is pending?

If someone has proof of a valid dual-intent visa, they can travel while the green card is pending without the risk of USCIS deeming their case as abandoned. However, this does not apply to the O visa. Please refer to this article for more information about travel with an H1B visa. 

Can I travel using my K-1 visa?

The K visa serves as a single entry visa, meaning that once someone enters the US, they cannot use that visa again to leave and reenter the US. Instead, they would need to consider waiting for the travel authorization or the green card to be granted. 

Since an O-1B visa is considered dual intent, can someone use it to travel while they wait on travel authorization through their adjustment of status application?

The O-1 visa is a dual-intent visa in the context of visa approval but not in the context of travel authorization. As such, USCIS will consider that someone traveling abroad on an O visa while the green card application is pending (and before the travel authorization has not been granted) has abandoned the green card application, and this application will be denied. 

Last Updated: January 15, 2020.

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Every year more than 1 million people apply to get a green card in the United States. This is an important moment in each one of these families lives, and for many, it is their first step towards citizenship in the United States. All of those green card applications mean a lot of paperwork for the US Citizenship and Immigration services (USCIS), and it also means a lot of mistakes. Mistakes can lead to delays, rejections, and in some cases, denials.

We have put together this list of some of the most common reasons green card applications are rejected. Reading this list can help you avoid some of the most common errors that people make when submitting their green card application.

1. Missing forms in your application

Potential Time Lost: 6 months to 2 years

A green card application is not one form that you fill out and submit to the US government. It is not that easy. A typical green card application is a complex web of about 6 to 8 different government forms and various supporting documents. All of these forms make up a complete green card application. Now you may be submitting an adjustment of status application for a relative already in the United States or you might be trying to apply for a green card for a spouse or parent that is in a different country. Either way, you are going to be submitting several forms to eventually get the green card.

Missing some of the required forms is an easy way to slow things down for your application. For example, in some cases you can submit all of the required forms to the US government at the same time. This is called a concurrent filing. This will cut down your process time by years. But make sure that you don’t miss any of the forms or you will lose valuable time.

2. Missing document translations

Potential Time Lost: 6 months

When you file a green card application you will be submitting many supporting documents to back up your information and prove that you really are who you say you are. The types of documents that you have to submit are birth certificates, marriage certificates, driver’s licenses, passports, visas, bank accounts, etc. If the documents are not already in english, a certified english translation will need to be included. Not getting your documents translated and getting the translation certified can delay your application by up to 6 months.

3. Forgetting to sign your forms

Potential Time Lost: 6 months

Potential Money Lost: $50-$100

All of the work spent on making sure you have a perfect application can be wasted if you don’t sign your forms AND sign them in the proper place. This is important: make sure that you SIGN ALL YOUR FORMS. Also, make sure that the correct person is signing the correct form. Some places the person getting the green card will be signing, the applicant or beneficiary. Sometimes the person who is sponsoring the person getting the green card will be signing, this person can be referred to as a petitioner or applicant on the actual USCIS forms. This part is tricky, but getting it wrong means an automatic rejection by the USCIS. Take a few minutes to double-check everything before shipping it off to the government.

4. Incorrect government payment

Potential Time Lost: 2-4 months

Potential Money Lost: $50-$100

Many people mess up the actual fees that the government charges to process the green card application. The USCIS is charging you a lot for your application and you need to make sure that you are signing your personal checks correctly and for the right amounts. The instructions on the USCIS forms will tell you how much it cost to process each form/application. If you are submitting an application for a green card, expect to be sending at least $1,000 to the US government. If you are only attaching a check for $100 or $300, then something is wrong. The USCIS will send your application back with an invoice for the correct amount. This will put you at the back of the line and leave you feeling frustrated.

5. Missing an important deadline

Potential Time Lost: 6 months

Potential Other Possible Repercussions: Denied Application

Once you enter the United States and begin your green card application process, the clock starts ticking with several important deadlines that you need to be aware of. You need to think about your visa expiration date, the dates for processing the application, the dates for the interview and finally the renewal deadline 2 years after. Missing these dates can be dangerous and result in a denied application. The US government takes these deadlines very seriously and will assume that you do not want to become a lawful permanent resident if you miss one. Make sure that you have a clear understanding of the timing of the application and where you will need to be when the time comes to avoid missing out on that appointment and becoming a green card holder.

6. Accidently giving false information

Potential Time Loss: 6 months – 1 year

Potential Other Possible Repercussions: LIFETIME BAN FROM US

Getting your background history wrong, even by accident, can be seen as lying on your application. If the US government thinks that you are lying on your application, your application is likely to get denied. Make sure that you have all of your dates, locations, criminal records, and important items handy while you are filling out the application. This way you can avoid mixing up your own history and creating serious complications for your application.

7. Falling for a scam

Potential Time Lost: 6 months – 2 years

Potential Money Lost: $500 - 5,000+

There are thousands of people trying to take advantage of immigrants every year. Notarios are just one type of scam out there. The most important thing to remember when going through the green card application process is “if it sounds too good to be true, it probably is”. Stay away from online websites that ask for a credit card without guarantees. Avoid shady lawyers that demand payments before hearing your case. Do your homework before trusting someone to help you with your immigration paperwork. If you make the mistake of getting scammed, you may lose your chances of becoming a legal permanent resident forever.

8. Not getting the right help

Potential Time Lost: 6 months

If you try to do something really complicated without any help, all by yourself, there is a good chance you will make a mistake. Immigration is not a game and mistakes are costly. Don’t waste valuable time and money trying to do everything by yourself. Immigration paperwork is scary even for people that speak English fluently. There are many organizations and resources to help you through this process. Use the resources and avoid mistakes. Every year, more than 100,000 applications are rejected by the USCIS due to avoidable mistakes. With the right help, you can easily avoid these mistakes and save yourself months and years of waiting. Not getting help can be one of the most costly mistakes.

9. Not being eligible to apply

Potential Time Lost: 6 months

If you submit a green card application and you don’t qualify, you will get rejected. This is a no-brainer, but sometimes figuring out when and how you can actually apply can be really tricky. If you make the mistake of submitting a green card application too soon, too late, with the wrong person, or for a thousand other reasons, you will lose months of valuable time. The USCIS has tools to help you figure this out. Even after doing your homework, sometimes it is helpful to consult with an immigration attorney to make sure you are not missing something important.

10. Financial requirement issues

Potential Time Lost: 2-4 months

When you submit a green card application you need to have a financial sponsor. This financial sponsor will be submitting the Form I-864, Affidavit of Support. There are several requirements for this person to be your financial sponsor; they need to be a US citizen, they need to live in the US, and they need to meet the income requirements as outlined in the Form I-864P, Poverty Guidelines for the Affidavit of Support.

If your sponsor doesn’t make enough money, they can have someone else step in as a joint-sponsor to include their income to meet the requirements. Adding another person like this also increases the amount of income needed. There could be a whole different 5 Common Mistakes Made on the Form I-864, and for this reason, it is a common trap for people trying to get a green card. Read the instructions carefully to make sure that if your petitioner doesn’t meet the requirements, that you are working with someone that does meet the requirements for their household size, plus the person that will be getting the green card.

This is not a complete list. There are many mistakes that people can make when submitting a green card application. These are just some of the most common. If you take your time and are very careful you will make it through this process without too much trouble. This is an exciting part of your life and you shouldn’t be worried and stressed about paperwork.

Last Updated: May 8, 2024

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Obtaining lawful permanent residence status, or a green card, is a necessary step on the way to becoming a U.S. Citizen. As a green card holder, in addition to the right to live and work in the U.S. on a permanent basis, you gain an important new set of rights. Significantly, you can now sponsor certain relatives applying for their own green cards. You are also allowed to travel from and return to the U.S. without disrupting your status. Green card holders can make campaign contributions, receive Social Security benefits after ten years of work in the country, and are eligible to get in-state tuition.. If you are interested in applying for a green card, this guide will help you understand the avenues for obtaining a green card, specifically detailing the process for those eligible through an immediate family member.

Green Card Eligibility

In general, to apply for permanent residence in the U.S. you must meet each of the following requirements.

1. You must be eligible for one of the immigrant categories set forth by the Immigration and Nationality Act. The most common immigrant categories are having a qualified family member, having a job offer or employment, or being a refugee or having asylum status. There are many other avenues of eligibility, including for victims of trafficking and the Diversity Immigrant Visa Program, so consult the U.S. Citizenship and Immigration Services (USCIS) website to determine your status.
2. For most immigrant categories, an immigrant petition that establishes the basis for your immigrant eligibility must be filed on your behalf.
3. You must be eligible for admission to the United States, meaning there are no health-related, criminal, security or other grounds for inadmissibility.
4. A visa must be immediately available. For immediate relatives of a U.S. Citizen, visas are always available, but for all others, there are a limited number of visas awarded each year. The order in which these visas are assigned is determined by immigrant visa preference categories under U.S. immigration law.

Immediate Relatives of U.S. Citizens Living in the U.S.

Parents, spouses, and unmarried children under the age of 21 (natural or adopted) of U.S. citizens are considered immediate relatives and do not have to wait to get a visa. If you are an immediate relative of a U.S. citizen and meet all of the green card eligibility requirements, you can file for a green card. If you are living inside of the United States, you may apply with Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time your sponsoring family member files Form I-130 (Petition for Alien Relative). This called concurrent filing (where you file all forms at the same time and to the same place) and is the preferred and most expedient way to file. However, if your sponsoring family member has previously filed Form I-130 and it has not been denied, you can still file your Form I-495 but must also attach a copy of Form I-797 (Notice of Action). Form I-797 is simply a receipt that shows your Form I-130 has been received or approved.

1. Filing Form I-130

This form is available on the USCIS website and must be completed by your sponsoring relative. In addition to completing the Form I-130, your sponsor must submit documents proving U.S. citizenship and documents proving the family relationship. Consult the USCIS website to determine what forms of proof are accepted. Any documents in a foreign language must be accompanied by a certified English translation.Click here to prepare your green card packet (including I-130) with SimpleCitizen.The filing fee for this form is $675. This fee cannot be waived. Consult the USCIS website for the correct address as it varies.

2. Filing Form I-485

You can find this form on the USCIS website. In addition to fully completing your Form I-485, you must provide the USCIS with supporting documentation. You must include evidence of your criminal history, if any, a copy of your foreign birth certificate or other birth records, a copy of the passport page from any nonimmigrant visa issued from a U.S. Embassy or consulate abroad within the past year, two passport-style color photos, and, if required, a medical examination report (Form I-693). Note that all documents in a foreign language must be accompanied by a certified English translation.The filing fee for Form I-485 is $1,440. If you are unable to pay this fee, a fee waiver might be available. Click here to prepare your green card packet (including I-485) with SimpleCitizen.

3. What Happens Next?

Within one to two weeks of submitting your paperwork, you will receive Form I-797 (Notice of Action), which includes a receipt number from the USCIS that will allow you to track the status of your application. To check your status, go to USCIS.gov, enter the thirteen digit receipt number, and click "Check Status." Next, sometime after your application is filed, you will be notified in writing where and when you must go for a biometric services appointment, which entails fingerprinting and possibly taking a photo or submitting your signature. If you do not go to this appointment, your application might be denied. Finally, you will be called in for an interview at your local USCIS office. It is possible your green card will be approved at this interview.Although the wait time for an interview can vary, for an immigrant spouse living in the U.S. after legal entry, the average wait is six months to a year. Within 30 days of being informed that your green card has been approved, you will receive a welcome notice from the USCIS. Then within 30 days of receiving the welcome notice, you will finally get your green card in the mail.

Non-Immediate Family Members

Parents, spouses, and unmarried children under the age of 21 (natural or adopted) of U.S. citizens are considered immediate relatives and do not have to wait to get a visa. However, other qualified relatives are placed in preference categories depending on their relationship to the sponsor. U.S. Immigration law limits both the number of visas given to each category every year and the total given to each country. There are 226,000 family-sponsored preference visas allocated each year, and each category is given a law-mandated percentage of that total. The wait to submit a visa application can be years or even decades.To start the visa process, the sponsoring family member must file a visa petition (document form I-130). The date this petition is properly filed becomes the applicant’s “Priority Date.” Each month, the State Department puts out the Visa Bulletin, listing which Priority Dates can submit their visa application for each preference category. The Visa Bulletin actually lists two dates- those priority dates that are Eligible for Final Action, which means their visas are ready to be issued, and priority dates that are Eligible for Filing, which is the date those people can file their application for a visa, often years before their visa is ready to be issued. The visa application is called an “Adjustment of Status” application. Many choose to file ahead of time because those with pending applications are eligible for temporary Employment Authorization Documents and Travel Permission while they wait for their visa.There are four family-sponsored preference categories. The priority dates eligible for final action and filing are determined by these preference categories, as well as the current country of citizenship (called the country of chargeability). There are some countries (mainland-born China, India, Mexico and the Philippines) that have a high number of applicants and therefore applicants from those countries may have longer wait times than others in their same preference category.

The First Family Preference (F1)

F1 is for unmarried sons and daughters of U.S. Citizens over the age of 21, and their children, if any. As of May 2017, the wait for applicants in this preference category, not from a high volume country, was almost seven years from their priority date. The waits for high volume countries vary. For example, the wait for Mexican applicants to be eligible for a visa is currently twelve years, whereas those from China and India are waiting seven years.

The Second Family Preference (F2)

F2 is divided into two sub-preference categories (F2A and F2B). F2A covers spouses and children (under 21) of permanent residents. As of May 2017, the wait for applicants in this preference category, not from a high volume country, was about two years from their priority date. F2B is for unmarried sons and daughters (over 21) of permanent residents. As of May 2017, the wait for applicants in this preference category, not from a high volume country, was almost seven years from their priority date.

The Third Family Preference (F3)

F3 covers married sons and daughters of U.S. citizens, their spouses and minor children. As of May 2017, the wait for applicants in this preference category, not from a high volume country, was about twelve years from their priority date.

The Fourth Family Preference (F4)

F4 covers brothers and sisters of adult U.S. citizens, their spouses and minor children. As of May 2017, the wait for applicants in this preference category, not from a high volume country, was around thirteen years from their priority date.

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Helpful links‍

SimpleCitizen's 2017 Green Card Application Guide
‍Find out if you are eligible to apply
‍Marriage Based Green Card Interview Questions

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Last Updated: February 5, 2020.

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Form I-485, Application to Register Permanent Residence or Adjust Status, is used to either register for permanent legal residence in the United States or adjust to permanent resident status. Adjusting to permanent resident status simply means obtaining a green card (i.e. permanent legal residency) without having to return to your home country if you’re already in the United States.

While Form I-485 is a required step on your path to legal citizenship, it isn’t the only step. In fact, you will need other completed forms and evidence depending upon your unique situation. For example, you will need a completed Form I-130 if you are getting residency through a family member who is already a citizen or lawful permanent resident of the United States.

This Form is filed with U.S. Citizenship and Immigration Services (USCIS). While your family member is responsible for Form I-130 to establish a familiar connection that enables you to take the next step in the immigration process with Form I-485, you are responsible for the completion and filing of Form I-485.

Last Updated: February 5, 2020.

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Along with a fully completed and signed Form I-485, there is evidence that you must include to be considered for lawful permanent residency or to adjust your status.

You can upload all required documentation within your SimpleCitizen account:

Criminal History

What you must submit will vary depending upon your previous offense:

• Arrested and Detained With No Filed Charges – Include an original, official statement by the arresting agency or a court order confirming that no charges were filed.
• Arrested or Detained and Charges Were Filed or Were Filed Without an Arrest – Include an original or court-certified copy of the entire arrest record and/or disposition (i.e. the record of the court’s final decision of the criminal charge).
• Convicted or Placed in an Alternative Sentencing or Rehabilitative Program (i.e. Drug Treatment, Community Service, etc.) – Include an original or court-certified copy of the sentencing record for each incident and evidence that you completed your sentence. This evidence may include:
  • An original or certified copy of your probation or parole record; or
  • Evidence that you completed your alternative program.
• Vacated, Sealed, Expunged, Removed, or Set Aside Arrests/Convictions – Include an original or court-certified copy of the court order used to vacate, seal, expunge, remove, or set aside the arrest or conviction or an original statement from the court that there is no record of the arrest or conviction.

There is no need to submit evidence for traffic fines or incidents that didn’t involve an arrest as long as the fine was less than $500 and/or points on your driver’s license. However, you must submit evidence if the traffic incident was related to alcohol or drugs.

Birth Certificate

You must include a copy of your foreign birth certificate or other birth record with Form I-485.

Copy of Passport Page With Nonimmigrant Visa

If you have a nonimmigrant visa(s) from a U.S. Embassy or consulate that you received outside the United States within the past year, you must include photocopy(ies) of the page(s) with your Form.

Photos

You must include two identical color photographs of yourself taken within 30 days of your application with the Form.

Each photo must:

• Have a white to off-white background
• Be printed on thin, glossy paper
• Be unmounted and unretouched

You may also use passport photos that follow the three bullet points above and meet these additional criteria:

• Measure 2 inches by 2 inches
• Be a full face, frontal view where your head height measures 1 inch to 1 3/8 inches from the top of your hair to the bottom of your chin
• Bare head, unless headwear is required by your religious order

Biometrics

If you are between the ages of 14 and 79, fingerprints are required by USCIS biometrics services. You will submit your fingerprints once you have filed your application.

To do so, USCIS will contact you in writing to let you know where and when you must go to be fingerprinted. If you do not follow these instructions, your Form may not be approved.

Police Clearances

Police clearances are sometimes required for individuals seeking an adjustment of status as a member of a special class outlined in an I-485 supplementary form. You must read the instructions on the form to see if you need police clearances with your application.

Medical Examination

Some individuals must submit a medical examination via Form I-693, Report of Medical Examination and Vaccination Record:

• General – You must include Form I-693 with Form I-485, unless you are a refugee.
• Refugees – If you are applying for adjustment 1 year after being admitted to the U.S. as a refugee, you must only submit the vaccination portion of Form I-693 (pages 1, 4, and 6) with your application. You must submit the entire report only if you had a Class A condition included on your overseas medical exam.
• Fiancés – If you are a K-1 fiancé or K-2 dependent who received a medical examination when obtaining your nonimmigrant visa, you only need to submit the vaccination portion of Form I-693 with your application.
• Exempt – If you are applying to create a record as a lawful permanent resident under section 249 of the INA as someone who has resided in the U.S. since January 1, 1972, you do not need to submit a medical examination with your application.

Form G-325A (Biographic Information Sheet)

If you are between 14 and 79 years old, you must include Form G-325A with your application.

Affidavit of Support/Employment Letter

You must submit an Affidavit of Support (Form I-864) if you’re filing Form I-485 as the fiancé of a U.S. citizen or lawful permanent resident, through Form I-130 (relative petition), or Form I-140 (an employed-based visa petition).

You must include an employment letter with Form I-485 if you are using an employment-based visa petition to enter the U.S. This letter must be sent on your employer’s letterhead and confirm that the job is available and the salary you will be paid.

Eligibility

Depending on how you enter the United States, your eligibility evidence will differ:

• Immigrant Petition – Include a copy of the approval notice of your immigrant petition that shows a visa number is available to you. If you do not have this, you may include a complete relative, special immigrant juvenile, or special immigrant military petition that will make a visa number available to you.
• K-1 Fiancé – Include a copy of the fiancé petition approval notice, a copy of your marriage certificate, and Form I-94, the Arrival/Departure Document.
• Asylum – Include a copy of the letter or of Form I-94 showing the date you were granted asylum.
• Continuous Residence Since Before January 1, 1972 – Include copies of evidence showing you have been residing in the U.S. since before January 1, 1972.

Cuban Citizenship or Nationality

You must include evidence of your citizenship or nationality. Examples of acceptable evidence include copies of your passport, birth certificate, or other travel documents.

As a Spouse or Child of Another Adjustment Applicant or Permanent Resident Through Immigrant Visa Issuance

You should file your application with the other applicant and with:

• Evidence that the applicant’s application is currently pending or has been approved; or
• Evidence that your spouse or parent was granted permanent residence based on an immigrant visa.

If you are applying as a spouse, you must include a copy of your marriage certificate and documents showing that all previous marriages have been legally ended.

If you are applying as a child, you must attach a copy of your birth certificate. If the applicant isn’t your parent, you must submit evidence (including marriage certificates, legal endings to all existing marriages, and the adoption decree) to prove that you are the applicant’s legal child.

Indochinese Parolee

Along with all other evidence indicated above, you must include:

• Evidence that you are a citizen or native of Vietnam, Kampuchea (Cambodia), or Laos;
• Evidence that you’ve been paroled into the U.S. from Vietnam under the Orderly Departure Program (ODP), from a refugee camp in East Asia, or from a displaced persons camp administered by the United Nationals High Commissioner for Refugees (UNHCR) in Thailand before October 1, 1997; and
• Evidence that you have physically been in the U.S. prior to and on October 1, 1997.

Evidence of parole may include:

• Parole authorization letter
• Transportation letter
• Arrival/Departure Record (Form I-94)

If you don’t have any of these records, you may need to request this information through the Freedom of Information Act (FOIA). If you still cannot find your records, you may include an affidavit (sworn oath) with Form I-485 requesting that DHS search its files to locate any existing proof that you were paroled as part of the programs listed above.

Evidence of physical presence in the U.S. during the time period indicated above may include documents issued by a federal, state, or local authority, such as:

• Immigration records
• School records
• Military records
• State driver’s license or other identification card
• Utility bills
• Medical records
• Deeds
• Mortgages
• Contracts
• Insurance policies
• Receipts
• Any other evidence you believe proves your physical presence

Any evidence must be in your name and bear the signature, seal, or other official marks of an issuing authority (if from an official agency) and be dated no later than the required date.

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Last Updated: January 2023.

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If you are filing the I-485 (Adjustment of Status) application, you will need to pay the government fees. You will submit these fees with the application when you mail it to USCIS. The amounts you will pay will vary based on your circumstances. This article explains how to calculate how much to pay.

I-485 Fee Amounts

Filing Form I-485 typically costs $1,440. For children who are under the age of 14 and who are filing with at least one parent, the fee is only $950. There are additional filing categories under which Form I-485 fee may be waived.Here are some examples to help walk you through the fee rules:

• A 5-year-old child applying for the I-485 at the same time as their mother would pay $950 for their I-485.
• An 81-year-old applicant being petitioned by their US Citizen child would pay $1,440 for their I-485.
• A 22-year-old applicant applying for the I-485 through marriage would pay $1,440 for their I-485.
• A 13-year-old applicant whose parents were not applying at the same time as them would pay $1,440 for their I-485.

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If you still need clarification about how much to pay, you can also use the USCIS Fee Calculator to double-check. USCIS changes its fees periodically, so double-checking the fee calculator is always a good idea.

Please note: Depending on which forms you are filing at the same time as Form I-485, additional filing fees may be associated with submitting your application. The most common fees are the filing fee for Form I-130, Form I-765, and Form I-131. For information on how to pay the I-485 fees, see the following article. With all of our packages, we include detailed instructions and support with the entire application process, including paying the fees to USCIS. We would be happy to help you prepare your I-485 application! Click here to get started.

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Last Updated: May 25, 2023.

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Part of the green card process for family-based green card applications is filing the Form I-864, Affidavit of Support. Form I-864, Affidavit of Support is one of the most difficult forms to file in the Green Card application process. It can be difficult to understand why it exists, what USCIS is looking for, when it is required, and for whom. This article will provide you with details regarding what a financial sponsor is, what the requirements are for a financial sponsor and how USCIS determines if someone meets the requirements, and when a household member or  joint sponsor is needed.

What is Form I-864, Affidavit of Support?

Form I-864 is a contract between the person who  files of the form (the sponsor)  and the United States Government. Anyone who fills, signs, and submits the form on behalf of an intending immigrant becomes a sponsor and is held to this contract.The primary aim of this contract is to provide USCIS with proof that the sponsor has sufficient financial means to support the applicant, in a case where they may ever need financial support   By signing Form I-864, the sponsor is agreeing to use their financial  resources to support the intending immigrant affidavit, if it becomes necessary. One of the primary reasons USCIS requires this is to protect the U.S. government from people entering the United States and then using government financial resources. Another important point to be aware of is that by filing this form, the intending immigrant may become ineligible for certain means-tested (finance-based) public benefits  offered on Federal, State, or Local levels. Should the applicant/beneficiary ever use these public benefits, it is within the rights of the agency providing the benefit to require the sponsor to repay the costs of the benefits used, as per the conditions of the contract. In cases where the benefit is not repaid, the agency is able to sue the sponsor . While this is extremely  uncommon, it is a risk all sponsors should be aware of.For more information regarding which benefits are considered, please see the I-864P Poverty Guideline page.

How Long does the I-864 Contract Last:

The contract between the sponsor and the US government begins the moment USCIS receives the Form I-864 and does not end until at least one of the following conditions has been met:

• The beneficiary gains U.S. Citizenship
• The beneficiary has worked in the US for at least 10 years
• The beneficiary leaves the US permanently and loses their Permanent Resident status.

Who Files Form I-864, Affidavit of Support?

Form I-864 must be submitted by all applicants seeking a green card benefit through connection to a family member. In other words, all family-petitioned (and even some employment-petitioned) applications are required, by law, to include Form I-864 at some point throughout the green card application process.  For individuals going through the consular process abroad, this is done along with the DS-260. For those applying to adjust status within the United States, this is done along with  submission of the Form I-485.All family-based petitioners, regardless of income or employment, are required to file Form I-864 on behalf of the relative they are petitioning. In other words, they must accept a degree of financial responsibility for that relative by submitting Form I-864. However, in situations where the petitioner does not meet the income requirement, USCIS requires that another sponsor be added. This individual can be either a household member of the petitioning sponsor or they can be a joint sponsor. Anyone whose income is being used to meet the income requirements set forth by USCIS automatically accepts the agreed upon financial responsibility for the applicant/beneficiary. There are certain exemptions to the rules listed above, which can be found on pages 1 and 2 of the Form I-864 Instructions.

Do I meet the requirements to be the financial sponsor?

As mentioned above, it is important to remember that the petitioner via Form I-130 is REQUIRED to file the financial affidavit regardless of if they meet the financial requirements or not. By doing so they are accepting the financial responsibility over the intending immigrant. However, if the financial requirements are not met another sponsor will need to be added in addition to the petitioning sponsor. Let’s take a deeper look into what that looks like.

There are four requirements to qualify as a financial sponsor:*

1. They must be a US citizen or a legal permanent resident (green card holder)
2. They must be at least 18 years old
3. They must be domiciled in the US
4. They must have an annual income over 125% the federal poverty level. This amount varies depending on family size. You can check the USCIS guidelines here. In 2022 the required income for a household of 2 is $24,650.

*Please note that despite what is outlined in USCIS policy, we are seeing the following circumstances result in greater scrutiny from USCIS and higher rates of receiving a Request for Evidence  even if the sponsor’s income was 125% or more of the poverty line:

Income Close to the Required Level/Lack of Proof

• USCIS always highly scrutinizes proof of income, but especially if the income is close to the required income. In these cases a detailed letter from the employer and six months of pay stubs showing consistent income can help, but in some circumstances a joint sponsor may also be recommended.

Self- Employed Sponsors

• Self-employment is often harder to prove to USCIS. Where typical W2 employment typically can  prove both historic and future income  via pay stubs and employer letter, self-employment often shows historic income, but doesn’t create as strong of proof of future income. If USCIS feels that the income from self-employment is not stable enough to sponsor an immigrant long-term they are very likely to send an RFE requesting a joint sponsor.

Retired Sponsors

• Retired sponsor’s must add sufficient evidence of their retirement income via retirement or Social Security statements. Inability to provide these documents will lead to greater scrutiny.

Lack of Income History

• Even if a sponsor’s current income meets the level required by USCIS, a lack of strong income history may cause USCIS to doubt the sponsor’s ability to financially provide. It is especially common if the total income from the most recent tax year was below 125% of the poverty guideline.  

In instances where the sponsor falls into one of the four listed categories, we have seen applicants experience the most success when they add an additional sponsor to the application.  

Additional Sponsors

There are two main ways in which someone can be added as an additional sponsor to an application. We are going to take a look at both types of sponsors so that it is clear who qualifies as an additional sponsor and which type of additional sponsor they would be.

Household Member

A household member is a sibling, parent, or adult child with the same principal residence as the petitioning sponsor. When their income is used for financial support on the application they file the I-864A, Contract Between Sponsor and Household Member. The difference of filing as a household member instead of a joint sponsor is that instead of having to independently meet the income threshold, their income will be combined with the petitioning sponsor and USCIS will make their decision based on the total household income.For example, If Robert is sponsoring his wife for a green card and has an annual income of $10,000 and his father, Mark, who lives with them, agrees to financially sponsor as well then his income of $40,000 would be added together  and USCIS would consider the $50,000 of household income.

Joint Sponsor

A joint sponsor is someone who helps the primary sponsor to satisfy the financial requirements of sponsorship. While both the petitioning sponsor and the joint sponsor will be required to file Form I-864, USCIS will make a decision regarding the joint sponsor’s income independent of the petitioning sponsor. For example, If Robert is sponsoring his wife for a green card and has an annual income of $10,000 and John, a family friend, agrees to financially sponsor as well and his income is $40,000 then, when reviewing John’s form, USCIS would consider only John’s income $40,000 when deciding whether he is eligible to act as a sponsor.

Conclusion

The financial sponsorship forms are considered to be some of the most complicated and highly scrutinized by USCIS. It’s important to be thorough and provide  evidence that is as clear as possible. Having the guidance of a licensed immigration attorney can be extremely helpful, especially when filing form I-864. If you are interested in getting the peace of mind that comes from  legal support without the high cost of a conventional immigration lawyer, SimpleCitizen partners with a network of independent attorneys who offer their legal guidance and recommendations.Here at SimpleCitizen we offer the ability to  send joint sponsor’s  a private link that will retrieve all of the information needed and complete the required documents for the sponsor.If you have any other questions about a sponsor feel free to use our live chat.

Additional Resources

Click here for information about sponsors from the USCIS website.