Document Checklist for Immigrant Visa Petition (Family-Based)

Click Here To Download This Document in MS Word Format

A. Family Based 1 (Unmarried Children of U.S. Citizen):

1. Copy of your U.S. passport and Naturalization Certificate;

2. Copy of your child’s birth certificate.

B. Family Based 2 (Spouse and Unmarried Children of Permanent Resident):

1. Copy of the front and the back of your Alien Registration Card;

2. Copy of your marriage certificate if you are sponsoring your spouse, and any divorce decree(s) for both you and your spouse, if applicable;

3. Copy of your child’s birth certificate if you are sponsoring your child.

C. Family Based 3 (Married Children of U.S. Citizen):

1. Copy of your U.S. passport and Naturalization Certificate;

2. Copy of your child’s birth certificate;

3. Copy of your child’s marriage certificate.

D. Family Based 4 (Brother’s and Sister’s of U.S. Citizen):

1. Copy of your U.S. passport and Naturalization Certificate;

2. Copy of your birth certificate;

3. Copy of your brother/sister’s birth certificate.

Birth certificates: must include full name, parents' names, place of birth, and date of birth. Any birth certificate lacking all of the aforementioned information may also require secondary documentation (e.g. affidavits and school leaving certificates). If no birth certificate is available, please obtain a statement from your home country's government agency confirming there is no record of birth. With the government statement, USCIS will accept secondary documentation such as a notarized statement from a close relative giving the place and date of the applicant's birth, the names of both parents, and the maiden name of the mother. Such statement must be executed before an official authorized to administer oaths or affirmation.

If your alien relative is currently in the U.S. please provide the following:

1. Copy of passport. Please provide complete copy for each applicant, including all U.S. entry stamps and all U.S. visa stamps;

2. Copy of front and back of current Form I-94 for all applicants;

3. Copies of all previously issued I-20, EAD cards, and I-797 notices.

Persons Ineligible to Receive Immigrant Visas
(either through AOS or Consular Processing)

The immigration laws of the United States, in order to protect the health, welfare and security of the United States, prohibit the issuance of a green card to certain applicants. Examples of applicants who must be refused visas are those who:

• have a communicable disease such as tuberculosis;
• have a dangerous physical or mental disorder;
• are drug addicts;
• have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution or procuring;
• are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals;
• are likely to become public charges in the United States;
• have used fraud or other illegal means to enter the United States; or
• are ineligible for citizenship.

Certain former exchange visitors (J-1 status) must live abroad 2 years and physicians who intend to practice medicine must pass a qualifying exam before receiving immigrant visas.

If any of the foregoing restrictions might apply, please advise your attorney. The attorney will review the situation and may be able to prepare a statement regarding the facts to submit to the consular officer or the INS. The USCIS /Consular Officer will advise the applicant if the law provides for some other form of relief such as a waiver of ineligibility.