How can I help my family become legal?

If you are a U.S. citizen, you can help your family, if you are living in the U.S.

File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time.

If you are living outside the United States

File Form I-130, Petition for Alien Relative. When the Form I-130 is approved, it will be sent for consular processing and the consulate or embassy will provide notification and processing information.

If you are a legal resident, you can still help. Here is how

Inside the United States File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status.

If you are outside the United States

File Form I-130. When Form I-130 is approved and a visa is available, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. See form instructions for more information.

If you or a member of your family is in the U.S. military special conditions may apply to your situation. For information and additional resources, see the “Military” section of our website.

Needed documents

To complete the process, you must submit:

• Form I-130 (signed with proper fee), with all required documentation, including:
  • Two completed and signed G-325A forms (one for you and one for your spouse)
  • A copy of your civil marriage certificate
  • A copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminated
  • Passport style photos of you and your spouse (see Form I-130 instructions for photo requirements)
  • Evidence of all legal name changes for you and/or your spouse (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)
• If you are a U.S. citizen, you must demonstrate your status with:
  • A copy of your valid U.S. passport OR
  • A copy of your U.S. birth certificate OR
  • A copy of Consular Report of Birth Abroad OR
  • A copy of your naturalization certificate OR
  • A copy of your certificate of citizenship
• If you are a green card holder (permanent resident), you must demonstrate your status with:
  • A copy (front and back) of Form I-551 (green card) OR
  • A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence

If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence.

You must apply to remove conditional status within the 90-day period before the expiration date on the conditional resident card. If you fail to file during this time, your spouse’s resident status will be terminated and he or she may be subject to removal from the United States.