Family-Based Petition

What is a Family Based Petition?

A Family-Based Petition is used if you are a U.S. citizen or lawful permanent resident (LPR) and you need to establish your relationship to an eligible relative who wishes to come to or remain in the United States permanently and get a Permanent Resident Card (also called a Green Card).

Submitting a Family-Based Petition is the first step in helping an eligible relative apply to immigrate to the United States and get Green Card. The filing or approval of Family-Based Petitions does not give your relative any immigration status or benefit. If you can establish a relationship between you and your relative that qualifies them to immigrate to the United States. Generally, Once approved the Family-Based Petition, your relative may apply to become a lawful permanent resident. If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card.

Certain relatives must wait until a visa number is available before they can apply. If your relative qualifies as an immediate relative, an immigrant visa always is available.

How Do Family Petitions Help?

Family-Based Petitions can help with the Following

• Family Based Petition for an Adopted Child.

• Green Card for Family Members of a Permanent Resident.

• U.S. Citizen Petition for a Preference Relative to Become a Lawful Permanent Resident.

• U.S. Citizen Petition for a Spouse.

• U.S. Citizen Petition for an Immediate Relative to Become a Lawful Permanent Resident.

Checklist

Required Initial Evidence

This is an optional tool to use as you prepare your Family-Based Petition, but does not replace statutory, regulatory, and form instruction requirements.

Did you provide the following?

• Evidence of U.S. citizenship, lawful permanent residence, or U.S. national status:
  • A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States; 
  • A copy of your naturalization or citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS); 
  • Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate; 
  •  A copy of your unexpired U.S. passport; 
  • An original statement from a U.S. consular officer verifying you are a U.S. citizen with a valid passport; or
  • A copy of the front and back of your Permanent Resident Card (also known as a Green Card)
• Evidence of family relationship with one of the following
  • Spouse: A copy of your marriage certificate
    • Evidence you or your spouse terminated any prior marriages (if applicable)
  • Child: A copy of your child’s birth certificate(s).
  • Parent: A copy of your birth certificate.
  • Brother/Sister: A copy of the birth certificate for you and your sibling.
• Evidence of the bona fides of the marriage, if petitioning for a spouse:
  • Documentation showing joint ownership of property;
  • A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
  • Documentation showing that you and your spouse have combined your financial resources;
  • Birth certificates of children born to you and your spouse together;
  • Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired their knowledge of your marriage; and
  •  Any other relevant documentation to establish that there is an ongoing marital union.
• Proof of legal name change (if applicable); and 
• Two passport-style photographs (if applicable).

If you are filing for your adopted child

• Evidence of U.S. citizenship:
  • A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States; 
  • A copy of your naturalization citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS); 
  • Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate; 
  • A copy of your unexpired U.S. passport; or 
  • An original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.
• Evidence of family relationship, such as a final adoption decree;
• Evidence you have had legal custody of the adopted child for two years; and
• Evidence you have had joint residence with the adopted child for two years