If you are a Permanent Resident (have a permanent resident card (green card), you can petition for your relatives:
- Spouse;
- Unmarried children under 21 or unmarried son/daughter of any age.
There is a limited number of such visas every year. The time also depends if your family member is in the United States or outside of the country. If the family member is in the United States, later on (after I-130 approval) he/she can also apply for Adjustment of Status. At the same time, if the family member is in the U.S, he/she can apply for Employment Authorization Card and Social Security Number. If the family member is outside of the country, the USCIS will transfer your case to the National Visa Center, and the Center will send your case overseas to the appropriate consulate. Then, your family member will receive a notice for a visa interview.
If you had the permanent resident card and later on you became a U.S. citizen, you should contact the USCIS and update your status.
Depends on where your family member is, you need to submit the following documents:
- I-130, Petition for Alien Relative (download here).
- I-130A, Supplemental Information for Spouse Beneficiary (only, if you petition for your spouse) (download here);
- 2 photos of the petitioner;
- 2 photos of a beneficiary (only, if you petition for your spouse);
- One or more documents to establish a bona fine marriage (joint lease, ownership of any property, joint bank accounts, birth certificates of common children, etc.), (only, if you petition for your spouse);
- If the family member will apply for the Adjustment of Status, then you will need to submit I-864, Affidavit of Support Form (download here);
- Proof of the beneficiary’s lawful permanent resident status;
- Birth certificates;
- Marriage certificates, if any;
- Divorce certificates, if any;
- Name change certificates, if any;
- Translations of all documents, which are not in English;
- Appropriate fees;
- Additional documents may be required (discuss with your attorney and check the instructions on the USCIS website).