In order to apply for permanent residency for a family member, the petitioner must first file a Petition for Alien Relative (I-130 form). The filing of this particular form will establish your priority date, if you are applying under the preference category.
The I-130 form must be filed with the USCIS’ service center that has jurisdiction over the petitioner. Read the form’s instructions to determine your service center. If you are filing under the immediate relative category and your relative is in the US, you can file the required adjustment of status form (I-485) concurrently with the I-130 form. When the person’s priority date is current or that the person is applying under the immediate relative category, the person is also eligible to work in the US. To obtain the Employment Authorization Card, file also the form I-765.
Some of the forms that you will file are I-130, I-485, I-864, I-864A, G-325A, I-765. If the alien relative wants to leave the United States while the adjustment of status is being processed, the person will need to file the advance parole form I-131. If the alien is not in the US, only the I-130 application will be filed with USCIS, since the alien will be going through the consulate processing where the US consulate in that alien’s country will adjudicate the application. For more information on the consulate processing process, please visit the Department of State’s website.
