If you are a U.S. citizen, you can petition for your relatives:
- Spouse;
- Unmarried and married son/daughter of any age;
- Parents (you must be 21 or older);
- Siblings (you must be 21 or older).
Your relative can be in the United States or outside of the country. If the family member is in the United States, he/she can also apply for Adjustment of Status. 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. The beneficiary should have a good income source (enough money) and no debts with the IRS, otherwise, the beneficiary will need someone as a sponsor. 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.
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 petitioner;
- 2 photos of 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);
- I-485, Application to Register Permanent Residence or Adjust Status (only, if your family member is in the United States) (download here);
- I-944, Declaration of Self-Sufficiency (discuss with your attorney, if you need it or not) (download here); Additional documents required: foreign diploma (s) and its evolution;
- I-864, Affidavit of Support (download here);
- Proof of the beneficiary’s U.S. citizenship (birth certificate or certificate of naturalization, and copy of U.S. unexpired passport);
- Financial documents;
- 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 web site).