The petition for alien relative is the first step for many individuals seeking a green card.

Form I-130: What you need to know

Immigration

For many people, becoming a lawful permanent resident (LPR) of the United States starts with Form I-130. If you’re seeking a green card through a family relationship, your U.S. citizen or LPR sponsor must file <a href="https://www.uscis.gov/i-130" rel="noopener noreferrer" target="_blank">Form I-130, Petition for Alien Relative</a>, with the United States Citizenship and Immigration Services (USCIS) to prove your relationship. If your I-130 is approved, you can then <a href="https://www.marble.co/blog/immigration/green-card/how-to-get-a-green-card" rel="noopener noreferrer" target="_blank">file for a green card</a>. This sounds like a breeze, but once you start the process, you may find that Form I-130 is more complicated than you expected. This article may help. We explain the U.S. government’s requirements about who can file Form I-130, when to file and what supporting documents you may need. We also discuss how long the process takes and what happens after you file.

U.S. citizens and LPRs may file Form-130 for certain family members.&nbsp; U.S. immigration law splits family sponsorship into two categories: immediate relatives and family preference. Immediate relative visas are always available, while only 226,000 family preference visas are issued each year.&nbsp;

Only a U.S. citizen may <a href="https://www.marble.co/blog/immigration/visa/visa-sponsorship-what-you-need-to-know" rel="noopener noreferrer" target="_blank">sponsor an immediate relative visa</a>. Specifically, a U.S. citizen may sponsor their:

<a href="https://www.marble.co/blog/immigration/visa/ir5-visa-what-to-know" rel="noopener noreferrer" target="_blank">Parent</a> (if the U.S. citizen is 21 or older)

Under family preference visas, U.S. citizens may sponsor:

Siblings (if U.S. citizen is 21 or older)

Most family-based petitions require a sponsoring family member, but some exceptions exist. In the following cases, the beneficiary files <a href="http://uscis.gov/i-360" rel="noopener noreferrer" target="_blank">Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant</a>, instead of a sponsor filing Form I-130:&nbsp;

Victims of battery or extreme cruelty (if the person abusing them would be able to sponsor them for an immediate relative or a family preference visa). These petitions are called Violence Against Women Act (VAWA) petitions. VAWA petitions aren’t gender-restricted.

Widows and widowers of U.S. citizens. They must have been married to the citizen when they died and must file within two years of their death.

As the first step in the <a href="https://www.marble.co/blog/immigration/green-card/green-card-benefits" rel="noopener noreferrer" target="_blank">green card</a> process, you should file Form I-130 as soon as possible. This is especially important if you’re filing for a child nearing 21 or who intends to marry.

Children can “age out” of visas, sometimes rendering them ineligible for a visa or sending them to the back of the family preference visa line. Under current law, USCIS determines whether a child who turned 21 after a petition was filed still qualifies for a visa based on one of two rules:

If the child is the beneficiary of an immediate relative petition, their age legally freezes when Form I-130 is received.

For other petitions, USCIS calculates the child’s age by subtracting the time the petition was pending from the child’s age on the date an immigrant visa becomes available.

If a child gets married, they no longer qualify as an immediate relative, regardless of their age. Married children of U.S. citizens have the longest visa wait time of every family preference category—up to 25 years for Mexican citizens—and LPRs can’t sponsor their married children.&nbsp;

As you prepare to file, read the Form I-130 instructions carefully. They answer a lot of common questions people have. When you submit your Form I-130 petition for alien relative, you’re asking the U.S. government to determine that the U.S. citizen or LPR sponsor is related to the beneficiary in a qualifying way. You must provide documents to prove it. If you provide documents that aren’t in English, you must include a certified translation. Along with your supporting documents, you must include payment. The current Form I-130 filing fee is $535.

Documents you may use to prove the sponsor is a U.S. citizen or LPR include copies of the sponsor’s:

Front and back of permanent resident card (green card)

You must also include a copy of the beneficiary’s birth certificate to prove the relationship between the sponsor and beneficiary.&nbsp; If you don’t have a copy of a birth certificate, you may use the State Department’s guide to help you determine whom to contact. If you’re still unable to obtain a copy of a birth certificate, you may be able to provide a copy of:

A religious record created within two months of the child’s birth

A school record listing the child’s name, birthdate and place and parents’ names

Two or more written statements signed by a person with personal knowledge of when the child was born and to whom

For parent-child relationships only, DNA test results from a laboratory accredited by the American Association of Blood Banks

Supporting documents for marriage-based petitions

When you submit an I-130 for your spouse, include a copy of:

Documents proving any previous marriages were legally terminated, if applicable

Two identical passport-style photos of you and your spouse

Also complete and submit Form I-130A, Supplemental Information for a Spouse Beneficiary. Lastly, you must prove your relationship is genuine, referred to as proving you have a bona fide marriage. Getting married for a green card is considered fraud. If the government concludes you committed marriage fraud, both parties may be criminally prosecuted, and the beneficiary may be banned from obtaining a U.S. visa. If the petitioner is an LPR, they risk losing their permanent resident status. To prove you entered your relationship in good faith, you must submit at least one of the following:

Documents showing joint property ownership

Documentation that you and your spouse have shared financial accounts

Birth certificates of any shared children

Sworn statements signed by third parties with personal knowledge that the marriage is bona fide

If you can’t provide the listed documents, you may offer other relevant evidence of the marriage’s legitimacy. Generally, the more evidence you can provide, the less likely USCIS is to question your marriage.

You may submit the I-130 online or by mail. Usually, the sponsor submits Form I-130 from somewhere in the U.S., even if the beneficiary is abroad. You may sometimes file Form I-130 from abroad when the sponsor lives there. Except in exceptional situations, when you file from abroad, you still submit your application to USCIS.&nbsp; If you submit by mail, where you send the application depends on your state and whether you’re also submitting Form I-485, Application to Register Permanent Residence or Adjust Status. USCIS provides the list of filing addresses. After USCIS receives the application, it will send you an I-797, Notice of Action. Take note of three things in this receipt notice:

Your receipt number: You’ll use this number to check your case status.

The receipt date: This date becomes your “priority date”, meaning your place in the processing line.

The USCIS office address: This address tells you which office is processing your application.

This information lets you check your application’s status and the location’s general processing times. Enter your receipt number on the Case Status Online page to check on your specific application. Or visit the Check Case Processing Times page and select I-130, the relevant category and your location to see how long it’s taking to process 80 percent of cases. Currently, USCIS processes Form I-130s at different rates based on the petition’s preference category and the specifics of the case. This may range from a little more than a year to more than nine years.

USCIS may send you a Request for Evidence (RFE) if it determines you didn’t include enough information in your application. Your application may be denied if you don’t respond to every item in the RFE by the date it provides. If you haven’t received a response within the expected timeline, you may submit an Outside Normal Processing Times inquiry. After reviewing your case, USCIS will either approve or deny your I-130. Denials are rare, and the more information you provide about your relationship, the less likely denial is.&nbsp; Once your I-130 is approved, the next step is to request a green card. If the beneficiary is an immediate relative, you may request a green card as soon as your I-130 is approved. Otherwise, you should consult the Visa Bulletin and apply once a visa becomes available.

When the beneficiary is abroad, you request your green card through the National Visa Center (NVC), including the following steps: 1. The petitioners submit additional fees. This currently includes an application fee of $325 and an affidavit of support fee of $120. 2. The petitioner files an Affidavit of Support alongside evidence that they can financially support the beneficiary in the U.S. 3. The beneficiary submits a DS-260 and schedules an interview with a <a href="https://www.marble.co/blog/immigration/visa/consulate-vs-embassy-whats-the-difference" rel="noopener noreferrer" target="_blank">U.S. consulate</a>. 4. The beneficiary attends the interview, usually with the sponsor in attendance in the case of a marriage-based petition. 5. The consulate decides whether to approve or deny the visa. 6. If the visa is approved, the beneficiary may travel to the U.S.

When the beneficiary is in the U.S., they submit <a href="https://www.marble.co/blog/immigration/form/form-i-485" rel="noopener noreferrer" target="_blank">Form I-485</a> once a visa becomes available. Since a visa is always available for immediate relatives, you may submit Form I-485 concurrently with Form I-130 for a U.S. citizen’s spouse, unmarried child or parent.&nbsp; Once USCIS approves Form I-485, it sends the beneficiary their permanent residence card.&nbsp;

Although you don’t need an attorney to submit your I-130 application, consulting with an immigration lawyer may give you valuable insights to help you avoid delays or denials. That way you can get your green card processed as soon as possible. They can also help ensure your forms are filled out accurately and that you have all the supporting documentation you need.

This application for lawful permanent resident status can seem complicated. This information will help.


Form I-485: What you need to know

There are a few paths to obtaining a green card and becoming a lawful permanent resident (LPR) of the United States. For many individuals, an important step is completing <a href="https://www.uscis.gov/i-485" rel="noopener noreferrer" target="_blank">Form I-485, Application to Register Permanent Residence or Adjust Status</a>.&nbsp; Like any government form, this paperwork can be confusing, and knowing how important it is may make you more stressed about filling it out accurately. Take a deep breath. This guide will help you better understand what Form I-485 is, when to file, what to include and how long it may take to process.

You use Form I-485 to request a <a href="https://www.marble.co/blog/immigration/green-card/green-card-benefits" rel="noopener noreferrer" target="_blank">green card</a> when you’re already in the U.S. and need to either register for legal status you didn’t previously have or change your status from a temporary visa to a permanent one.

Filing Form I-485 isn’t the first step in the <a href="https://www.marble.co/blog/immigration/green-card/how-to-get-a-green-card" rel="noopener noreferrer" target="_blank">green card process</a>. Every path to a green card begins by asking the government to acknowledge that you qualify to immigrate to the U.S. under some provision of U.S. immigration law. Common ways to qualify for a green card include:

Asylum, refugee status or another humanitarian program

The simple answer to when to file Form I-485 is when a visa is available. Unfortunately, knowing when a visa is available isn’t simple. Most visa categories are subject to per-year and per-country caps. Family preference visas are limited to 226,000 per year, while employment visas are limited to 140,000 per year. Each nation can account for at most 7 percent of the visas issued in any given year in either of these categories.

Immediate relatives and humanitarian visas aren’t capped. When you submit an I-130 for an immediate relative, you may submit your I-485 simultaneously. Asylum and refugee status require you to hold your status for one year before you file your I-485. Other humanitarian programs follow similar rules.

Capped petitions: How to read the Visa Bulletin

For other categories, knowing when to file usually requires consulting the Visa Bulletin. The U.S. State Department publishes the Visa Bulletin monthly to provide processing timelines for immigrant visas.

To understand the Visa Bulletin, you must first know your “priority date”. This date is generally the date the United States Immigration and Citizenship Services (USCIS) received your underlying application. Your priority date should be printed on all documents you receive from USCIS in a box toward the center of the top.&nbsp; Second, you need to know the difference between filing for a green card in the U.S. and filing for a green card outside the U.S. Both start with asking USCIS to declare you’re qualified for a particular visa by filing an I-130, I-140, I-360 or other qualifying form.&nbsp; When you’re outside the U.S., the rest of your application is processed by the U.S. State Department through consular processing, not by submitting Form I-485. You submit your paperwork to a <a href="https://www.marble.co/blog/immigration/visa/consulate-vs-embassy-whats-the-difference" rel="noopener noreferrer" target="_blank">U.S. Consulate</a>, which issues the visa once it’s available. When you’re inside the U.S., you only file with USCIS, including filing Form I-485.

There are two charts with dates on the Visa Bulletin, divided between “Final Action Dates” and “Dates for Filing”. All dates listed under those terms refer to your priority date.&nbsp; The Final Action Date category means the U.S. State Department is now issuing visas with the priority dates listed. Most of these dates are significantly backlogged. In August 2023, for example, the U.S. State Department began issuing visas for F1 beneficiaries whose I-130s were received on or before:

January 1, 2015 for all countries except the Philippines and Mexico

The Dates for Filing category refers to the date when a person may submit their paperwork to request a green card. This date is often years before the visa will be issued.&nbsp; In August 2023, the U.S. State Department began accepting documents from F1 beneficiaries whose I-130s were received on or before:&nbsp;

September 17, 2017 for all countries except the Philippines and Mexico

The Visa Bulletin is designed for immigrants seeking their green cards abroad. Yet USCIS uses it to determine when you should file your I-485 too. Each month it announces whether to use the “Final Action Date” or “Dates for Filing” chart. For August 2023, USCIS announced that family-preference visas should use the Dates for Filing chart, while employment-based visas should use the Final Action Dates chart. Using the F1 visa as an example again, that means beneficiaries could file their I-485s if their I-130s were received on or before:&nbsp;

In contrast, beneficiaries of an I-140 requesting an EB-2 visa could submit their I-485s if their priority date is on or before:

December 1, 2022 for all countries except China and India

For each form, USCIS publishes instructions that answer many common questions and clarify portions of the form that aren’t self-explanatory. So read the Form I-485 instructions before you start filling it out. For all visa types, the person who will receive the green card—the applicant—files the I-485. If an applicant is applying with “derivatives”, meaning a spouse or unmarried child under 21 of the applicant, each derivative should submit a separate I-485. Include all related I-485s in one group together.

You need to pay a filing fee when you submit Form I-485. For most individuals, the current Form I-485 fee is $1,140. Most applicants must also pay a biometrics fee of $85, which covers the cost of fingerprinting. Because of the way USCIS processes these fees, you should never combine multiple fees into one check.&nbsp; Those who can’t afford to pay may request a waiver by submitting <a href="https://www.uscis.gov/i-912" rel="noopener noreferrer" target="_blank">Form I-912, Request for Fee Waiver</a>. You may qualify for a fee waiver if:

You, your spouse or the head of your household is currently receiving a means-tested benefit, like Medicaid or food stamps

Your household income is at or below 150 percent of the federal poverty level

You’re currently experiencing a financial hardship

The documents you need to include with your USCIS Form I-485 vary based on your underlying petition and what status, if any, you held in the past. However, everyone—principal applicant and derivative alike—must submit:

A copy of a government-issued identity document that includes a photograph

Documentation of your entries and departures from the U.S.

Documents confirming your immigration category (unless you submit your I-485 with your underlying petition)

USCIS has a checklist to help you determine what additional documents to submit.

USCIS is in the process of converting to an online filing system. Until that process is complete, you must send a paper copy of your application. Where you send your application depends on:

Whether you use USPS or a delivery service

USCIS provides a detailed list of what address you should use based on this information.&nbsp;

After you submit your application, you’ll receive a receipt notice from USCIS. This notice will contain a receipt number. You may enter your receipt number online to check your application’s status. You may check general Form I-485 processing times online as well. In the drop-down boxes, select Form I-485, then your underlying category. Your receipt notice should specify an address in the bottom left under “USCIS Office Address”. Select that address in the third box, and you’ll see USCIS’s processing timelines based on your priority date.

Although you can file any immigration form on your own, it’s often beneficial to consult an immigration attorney to minimize delays and help you get your green card in your hands as quickly as possible.&nbsp; Immigration attorneys can help you correctly fill out your application, collect your documents and address any questions they anticipate from USCIS at the outset to keep things flowing smoothly. They can also help you stay on top of deadlines, answer your questions and prepare you for your USCIS interview.

Learn about the requirements, fees, processing time and more for this application to become a U.S. citizen.

Form N-400: What you need to know

Form N-400, officially known as the United States <a href="https://www.uscis.gov/n-400" rel="noopener noreferrer" target="_blank">Application for Naturalization</a>, is a crucial document eligible immigrants use to apply for U.S. citizenship through naturalization. Lawful <a href="https://www.marble.co/blog/immigration/form/form-i-551-what-you-need-to-know" rel="noopener noreferrer" target="_blank">permanent residents</a>—also known as green card holders—must meet specific criteria to qualify for U.S. citizenship and follow a few more steps to become citizens. This article will guide you through the N-400 process, including the eligibility criteria, how to complete the form and what happens after you submit it.

Form N-400 is administered by the U.S. Citizenship and Immigration Services (USCIS), a branch of the Department of Homeland Security (DHS). Visa holders may use this document to begin applying for <a href="https://www.marble.co/blog/immigration/citizenship/naturalization-process-a-guide" rel="noopener noreferrer" target="_blank">naturalization</a>.&nbsp; Naturalization is when a foreign-born individual becomes a U.S. citizen by application, not by birth. Form N-400 needs to be accurately completed and submitted to the USCIS for citizenship consideration.

In order to use Form N-400, you need to meet specific criteria established by USCIS. These criteria include:

Applicants must be 18 years old or older when filing Form N-400. Different forms and procedures apply to applicants for naturalization under the age of 18.

Individuals must have held a lawful permanent resident status for at least five years before filing the N-400. This residency period is reduced for spouses of U.S. citizens and certain qualifying military service members:

Spouses of U.S. citizens need to have their green cards for only three years before they may file USCIS N-400.

Service members need to have served for one year of military service with an honorable discharge; however, certain exceptions apply for service in “zones of hostility”.

Applicants must have continuously resided in the United States for a specific period before filing Form N-400. The continuous residence requirement varies depending on whether the applicant is filing as a regular permanent resident or as a spouse of a U.S. citizen. Other exceptions may apply to members of the U.S. military, so check with your branch of service to confirm whether this is true for your specific situation.

Applicants need to demonstrate that they’ve been physically present in the United States for a minimum number of months during the continuous residency period. Typically, this means they’ve been absent from the U.S. for no more than six months at any one time.

USCIS assesses an applicant’s character to determine whether they’ve exhibited good moral conduct, including compliance with U.S. laws and regulations.&nbsp;

Most applicants need to demonstrate their ability to read, write, speak and understand basic English by passing a spoken and written English language test. You may be exempt from this exam due to your age or a qualifying exemption like a medical condition or physical or developmental impairment.

Applicants must pass an American civics test, which assesses their knowledge of U.S. history, government structure and key civic principles like how elections work.

Once you’ve determined you’re eligible to use Form N-400 to apply for naturalization, you can complete the form and continue your immigration journey. The following are key steps in completing the Form N-400 and preparing to submit it to USCIS:

Form N-400 is available for download on the official USCIS website. Ensure that you’re using the most recent version of the form to avoid any processing delays.

These guide you through completing the form, including explanations of each section and the required supporting evidence.

You may need photocopies of your green card, identification documents and any relevant certificates, like birth certificates, marriage certificates and divorce decrees.

Double-check that all information is accurate and truthful before submission to avoid delays. Deliberately submitting false information may subject you to potential legal consequences.

The current Form N-400 fee is $640, plus an $85 fee for fingerprints, photographs and other biometrics. Fee waivers are available for eligible individuals with financial hardships.

Once the form is completed and the required documents are gathered, mail the application, fee payment and supporting documents to the appropriate USCIS address. You may also submit your filing online if you create a USCIS account.

Currently, most Form N-400s are processed anywhere from less than a year to a year and a half from the submission date. The exact timeline depends upon your individual circumstances. You can use the USCIS processing times webpage to learn the average processing time for your individual service center or field office.

Additional Form N-400 processing requirements

After submitting Form N-400, applicants typically receive a notice for a biometrics appointment. Most field offices send applicants a notice for a biometrics appointment within a few weeks, but depending on your case and the field office’s case volume, your length-to-appointment time may vary. At the biometrics appointment, USCIS will collect fingerprints, photographs and other biographical information for background checks. If USCIS determines that you meet the initial eligibility requirements for U.S. citizenship, you’ll receive an interview notice to take your <a href="https://www.marble.co/blog/immigration/citizenship/us-citizen-test-questions-answers" rel="noopener noreferrer" target="_blank">U.S. citizenship test</a> at your local USCIS office. The interview is a critical part of the naturalization process and involves assessing an applicant’s language skills and knowledge of U.S. government and history. During the interview, USCIS officers also review the applicant’s Form N-400 and supporting documents.

Oath of Allegiance and Certificate of Naturalization

If USCIS approves the N-400 application and the applicant passes all required tests and interviews, they’re scheduled for an oath ceremony. At the ceremony, applicants take the <a href="https://www.marble.co/blog/immigration/citizenship/oath-of-allegiance-ceremony" rel="noopener noreferrer" target="_blank">Oath of Allegiance</a> to the United States, renouncing any previous allegiance to other countries. After taking the oath, applicants receive a Certificate of Naturalization, which serves as proof of U.S. citizenship.

While it’s not required to have an attorney assist you, it may be difficult to file Form N-400 correctly and completely without the assistance of an immigration attorney. This is especially true if English isn’t your first or primary language.&nbsp; When filing your Form N-400 and converting your status from lawful permanent resident to American citizen, an experienced immigration attorney can help you understand the eligibility criteria, complete the form accurately and find resources to prepare for the civics and English language tests. These are essential steps in successfully navigating the journey to naturalization.

Keep this form in a safe place, as you may need it to maintain your immigration status.


I-797 Notice of action: What you need to know

When you’re facing an immigration matter, it may feel like there are forms from the U.S. Citizenship and Immigration Services (USCIS) around every corner. While you usually need to fill out forms that you submit to USCIS, you may also receive one you don’t need to complete: <a href="https://www.uscis.gov/forms/filing-guidance/form-i-797-types-and-functions" rel="noopener noreferrer" target="_blank">Form I-797</a>. Typically, an I-797 receipt notice is a letter regarding some action the government has taken or an action you need to take in an immigration case. Keeping any I-797 you receive from the government can be crucial to maintaining your immigration status. These forms often serve as proof of your immigration benefits or contain essential information to help you obtain a benefit, such as the right to work in, live in, drive in or travel to the United States.&nbsp; How a Form I-797 can help you maintain your status depends on the type of form that you receive. This article discusses the different types of Form I-797 and what those documents may mean for your immigration case.

Form I-797F, Notice of Transportation Letter

This form tells an individual when the government has received or approved their application or petition for immigration benefits. This paperwork may come in handy when you’re waiting to receive other immigration benefits. For example, when a permanent resident card (PRC) expires, the permanent resident can <a href="https://www.uscis.gov/i-90" rel="noopener noreferrer" target="_blank">file an I-90 </a>application to replace it. When the government receives that I-90, it sends the applicant an I-797, Notice of Action. However, replacement PRCs don’t come right away, and a permanent resident might have an immediate need to prove their status, such as for employment purposes.&nbsp; One way a permanent resident can prove they’re authorized to work in the U.S. is to present to their employer their expired PRC and the I-797, Notice of Action, they received after filing their I-90.&nbsp; In some cases, a Form I-797, Notice of Action, approval can also be used for travel. Depending on the facts of your case, an expired PRC or conditional permanent resident card and a Form I-797 can be used together to allow you to board a carrier to the U.S.

This form for travel purposes is given to individuals to replace Form I-94. <a href="https://www.uscis.gov/forms/all-forms/form-i-94-arrivaldeparture-record-information-for-completing-uscis-forms" rel="noopener noreferrer" target="_blank">Form I-94</a> comes from the Department of Homeland Security and records the dates when certain noncitizens enter and leave the U.S. Form I-94 also alerts certain noncitizens about how long they can stay in the U.S. during each visit.&nbsp; All individuals in the U.S. need a Form I-94 unless they fit into one of the following categories:&nbsp;

Form I-797A, Notice of Action, provides a record of Form I-94 information for a noncitizen. In many cases, Form I-797A is evidence that the USCIS approved a noncitizen’s immigration status so they can remain in the U.S. for longer.

Not all immigrant visas are equal. Some allow you to visit only for leisure purposes, while others give you a chance to earn a living while you’re in the U.S. The government sends Form I-797B to a noncitizen after it approves a Form I-140 (petition for the noncitizen’s work authorization) filed by the noncitizen, their employer or a third party.

This form notifies noncitizens about the following:

The date and time of an immigration-related interview

The rescheduling of an immigration-related appointment

The government’s receipt of an immigrant’s application or petition

The government’s rejection of an immigrant’s application or petition

The date and time of an appointment for fingerprint biometrics

Additional actions related to their immigration case

By paying close attention to any I-797C or other I-797 you receive, you can avoid missing important appointments or tasks needed to maintain or adjust your immigration status.&nbsp;

Form I-797D is given to an individual when they receive an immigration benefit card. If you ever run into an immigration dispute, you might be able to use Form I-797D to prove that you provided specific information to the government, such as your address and the dates on which you received certain immigration benefits.

Before the U.S. government grants immigration benefits, it typically needs a large amount of information from a benefit applicant or petitioner. This information may include:

Copies of applications for immigration or other government benefits

If the government concludes that it doesn’t have all the information it needs to make a determination about immigration benefits, it might send the petitioner a Form I-797E to request more evidence from them.

Form I-797F is another type of travel document issued by the U.S. government. This form is typically given to lawful permanent residents who are overseas and have a lost, stolen or destroyed green card. It allows them to travel into the U.S.&nbsp;

As with many legal matters, it’s not mandatory to hire an attorney to handle your immigration issue. However, the U.S. immigration system often requires petitioners to fill out form after form and provide document after document before they can get benefits or relief. Because the forms and government requests can seem never-ending, some immigration petitioners seek legal counsel to handle their affairs. Immigration cases can also be stressful. Many petitioners are uncertain whether they can stay in the U.S. or visit the U.S. to seize personal or professional opportunities. Some find that an attorney eases these concerns. In an immigration case, an attorney may help you identify, obtain and keep track of all paperwork and evidence you need to prove your eligibility for benefits. An attorney may be able to help you prepare for immigration interviews and argue your case before the immigration court if necessary.

This document might be the key for you to be able to legally work in the U.S.

Form I-765: What you need to know

Many noncitizens come to the United States to work, but you need authorization to legally do so. For some—but not all—immigrants, Form I-765 is the way to obtain permission from the U.S. government to work in the country. In general, only noncitizens whose immigration status doesn’t already include employment authorization should use the form. Still unclear about Form I-765? This article explores what it’s for, which noncitizens should use the form, how to file and processing timelines for filing.

Form I-765, Application for Employment Authorization, is a form noncitizens submit to United States Citizenship and Immigration Services (USCIS) to request permission to work legally in the U.S. Specifically, you use Form I-765 to request an <a href="https://www.marble.co/blog/immigration/visa/ead-card-employment-authorization-document" rel="noopener noreferrer" target="_blank">employment authorization document</a> (EAD). Upon approval, you receive an EAD card, which authorizes you to accept employment in the U.S. Form I-765 doesn’t offer legal status on its own. You must have separate authorization to live in the U.S.—like asylum, temporary protected status (TPS) or Deferred Action for Childhood Arrivals (DACA) status—to use Form I-765.

An EAD card has an expiration date. To maintain employment eligibility, you must regularly submit a Form I-765 to request renewal of your card. You can also use the form to request a replacement EAD card if yours is lost, damaged, stolen or contains errors not caused by USCIS.&nbsp; If your EAD contains one or more errors introduced by USCIS (like a misspelled name or incorrect birthdate), don’t use Form I-765. Instead, send a letter to the USCIS location that approved your EAD. The letter should explain the situation and offer proof that USCIS caused the error.

USCIS designed Form I-765 for noncitizens with an immigration status that doesn’t inherently include employment authorization. So you don’t need to use Form I-765 if you have a <a href="https://www.marble.co/blog/immigration/green-card/green-card-benefits" rel="noopener noreferrer" target="_blank">green card</a> or come to the U.S. for temporary employment.&nbsp; Instead, the form applies to other noncitizens fitting into many categories, including:

If you enter the U.S. as a refugee, the program or entity assisting you with the process may submit Form I-765 on your behalf before you arrive. If that didn’t happen, or if you need to renew your EAD, you should file Form I-765. Those with pending asylum cases may also use Form I-765 to request employment authorization. To do so, you must wait 150 days after you file your asylum application and then apply. USCIS may issue your EAD 30 days after that. You may renew your EAD periodically until your asylum application is decided. If USCIS or the immigration court grants asylum, you may continue to use and renew your EAD. After living in the U.S. as an asylee or refugee for one year, you can apply for a green card using <a href="https://www.marble.co/blog/immigration/form/form-i-485" rel="noopener noreferrer" target="_blank">Form I-485</a>, Application to Register Permanent Residence or Adjust Status. While your green card application is pending, you continue to use an EAD. Additionally, if you were granted withholding of removal or protection under the Convention Against Torture (CAT), you can request an EAD. Unlike asylum and refugee status, these options don’t offer a path to a green card, so you need to renew your EAD regularly. Finally, if you’re a Violence Against Women Act (VAWA) self-petitioner, have been granted a T-visa or U-visa, or are a dependent of any of those applicants, you may submit Form I-765 to request an EAD while you work toward getting a green card. Like asylum seekers, you should maintain your EAD until you receive your green card.

People from certain countries may qualify to live in the U.S. based on their nationality, particularly when their home country isn’t safe. Typically, these statuses don’t lead to green cards, so you need to renew your EAD regularly.

Based on treaties with the federal government, citizens of the Federated States of Micronesia, the Marshall Islands and Palau may be authorized to enter the U.S. They must apply for an EAD with Form I-765 to work here.

Citizens of certain countries designated as unsafe may remain in the U.S. and request work authorization through Form I-765. These programs include <a href="https://www.uscis.gov/humanitarian/deferred-enforced-departure" rel="noopener noreferrer" target="_blank">Deferred Enforced Departure</a> (DED) and <a href="https://www.uscis.gov/humanitarian/temporary-protected-status" rel="noopener noreferrer" target="_blank">TPS</a>.

Noncitizens granted deferred action may use Form I-765 to request an EAD. This includes those granted DACA. You must prove you have an economic necessity to work as a deferred action beneficiary using the Form I-765 Worksheet.&nbsp;

Student visas don’t typically include work authorization, except for some on-campus work. However, certain students may be able to use Form I-765 and receive an EAD. You may be able to apply for an EAD for optional practical training (OPT) if the work is related to your major area of study:

You may apply up to 90 days before being enrolled, as long as you’re enrolled for a full academic year and the work won’t start until after the academic year ends.

You can also apply up to 90 days before but no more than 60 days after your academic program ends.

And if you have an OPT and your degree is in a STEM field, you can use Form I-765 to request to stay and work for an additional 24 months. Other students may be eligible to submit Form I-765 and request an EAD to work off-campus:

If you have an F-1 visa and the job is for a qualifying international organization.

If you can show extreme economic hardship and on-campus work isn’t an option. You also must have been in the U.S. as a student for at least one academic year, have good standing, have a full load of study, be able to balance work with school and prove you need the assistance.

Many nonimmigrant visas authorize visa holders to bring dependents to the U.S. Only some nonimmigrant visas allow dependents to work. Those that do require the dependents to submit Form I-765 and get an EAD before they work. Spouses of nonimmigrants with the following statuses may use Form I-765 to request an EAD:

Employees of intergovernmental organizations (G-1, G-3, G-4)

Treaty traders, investors and specialty occupation professionals from Australia (E-1, E-2, E-3)

Commonwealth of Northern Mariana Islands (CNMI) Investors (E-2)

Most family-based visas are immigrant visas, providing paths to citizenship for beneficiaries. The government provides a temporary stepping stone for some family visas through a nonimmigrant visa. One such visa is the K-visa, which allows a U.S. citizen to bring a noncitizen to the U.S. to get married. That visa lasts for 90 days, during which time you must get married. You may also apply for an EAD to work for those 90 days. Additionally, for applications filed December 21, 2000 or earlier, you may be able to apply for a V-visa to allow the beneficiary of the application to live in the U.S. That beneficiary may use Form I-765 to request an EAD while in V-visa status.&nbsp;

Form I-765 applies to an eclectic collection of immigration statuses. In addition to the categories above, noncitizens in the following circumstances may use Form I-765 to apply for an EAD:

Personal or domestic servants of nonimmigrant employers

<a href="https://www.marble.co/blog/immigration/work-visa/eb2-niw-visa-how-to-apply" rel="noopener noreferrer" target="_blank">National Interest Waiver</a> physicians with pending green card applications

Noncitizens granted cancellation of removal

In addition, if you’re a noncitizen with an approved employment-based immigrant visa petition and currently hold valid E-3, H-1B, H-1B1, O-1, or L-1 status, you may use Form I-765 to request an EAD. You must convince USCIS you’re facing compelling circumstances that justify you beginning to work sooner. Your dependents, including spouses and unmarried children, can also apply for an EAD based on compelling circumstances.

Follow the Form I-765 instructions to fill out the application. When you file, in addition to Form I-765, you must submit:&nbsp;

A copy of Form I-94 Arrival/Departure Record

Your current EAD or a government-issued identity document

USCIS provides a checklist of complete documentation to include with individual filing categories. You must also include a filing fee (currently $410) unless you qualify for and request a feewaiver. You can’t request a fee waiver if you’re requesting an EAD based on DACA status.&nbsp; You may file online or send your application by mail to the appropriate USCIS location based on your underlying category.&nbsp; If you fit into certain categories, as long as you file for renewal before your current EAD expires, your employment authorization is automatically extended for 180 days. For categories ineligible for the automatic extension, like DACA, ensure you apply for renewal with plenty of processing time.&nbsp;

USCIS provides a link allowing you to check current Form I-765 processing times to know how far in advance you should submit your renewal. Currently, applications take three to nine months on average, but some categories may take significantly longer. For example, some DACA-related I-765s have recently taken as long as 37 months to process.

If your Form I-765 is denied, you generally shouldn’t work unless you have a valid EAD. USCIS should explain any denials. Sometimes, you may correct problems USCIS identifies and reapply. Other times, you may have to appeal. If you’re submitting a renewal and your EAD expires before you reapply, you shouldn’t work while the new I-765 is pending. The automatic EAD extension only covers renewals submitted before your current EAD expires. If you believe USCIS committed an error, you may appeal a denial by filing a <a href="https://www.uscis.gov/i-290b" rel="noopener noreferrer" target="_blank">Form I-290B, Notice of Appeal or Motion</a>. If you win the appeal on an I-765 renewal, your EAD may be backdated. However, if you don’t win or the circumstances don’t support backdating the EAD, your EAD expires on its listed expiration date.&nbsp;

Immigration law is known for its complexity. While you can file Form I-765 without legal assistance, hiring an experienced immigration attorney may minimize any stress. From guiding you through filling out the form to helping ensure you have your underlying case in order and keeping on top of deadlines, immigration attorneys can offer significant benefits as you request your EAD.

Be certain you don’t accidentally file this document instead of Form I-134, or vice versa.

Form I-134A: What you need to know

Understanding government forms can be hard enough—then when two forms have the same number but different letters, it can be all the more confusing. Take Form I-134, Declaration of Financial Support and Form I-134A, Online Request to be a Supporter and Declaration of Financial Support. It’s important to understand the difference the A makes so that you can submit the correct paperwork to show you can support a noncitizen that you wish to sponsor to come to the U.S. This article may help. It explains what Form I-134A is, what it’s used for, how to file and the difference between <a href="https://www.marble.co/blog/immigration/form/form-i-134-what-you-need-to-know" rel="noopener noreferrer" target="_blank">Form I-134</a> and Form I-134A.

Sponsors submit Form I-134A to request permission from the United States Citizenship and Immigration Services (USCIS) to bring certain foreign nationals to the U.S. The beneficiary is granted parole, a legal status allowing noncitizens to temporarily live in the country while their home countries are unsafe. By submitting Form I-134 A, the <a href="https://www.marble.co/blog/immigration/visa/visa-sponsorship-what-you-need-to-know" rel="noopener noreferrer" target="_blank">sponsor</a> agrees to be legally obligated to financially support the beneficiary if they can’t support themselves while living in the U.S.

Anyone who lives in the U.S. with lawful status may sponsor a beneficiary using Form I-134A. This includes:

In some cases, you may be able to sponsor a beneficiary if you’ve been granted:

Additionally, you may file Form I-134A on behalf of an organization or with a co-supporter. When you do so, you use combined funds to prove your ability to support the beneficiary. A co-supporter doesn’t need to be related to the sponsor or the beneficiary and doesn’t need to file their own Form I-134A.

Form I-134A is limited to sponsoring individuals under specific programs. As of October 2023, that list includes:&nbsp;

Processes for Cubans, Haitians, Nicaraguans and Venezuelans (PCHNV)

Family reunification parole (FRP) processes

Each program sets its terms and conditions. However, every beneficiary must:

Pass a national security and public safety vetting process

Show they warrant a favorable exercise of discretion

A person can show they warrant a favorable exercise of discretion by explaining, among other things, the risks of staying where they are and the benefits of coming to the U.S.

Under U4U, a U.S. supporter may sponsor a person who resided in Ukraine when Russia invaded (through February 11, 2022), was displaced by the invasion and is a Ukrainian citizen or the immediate family member of a Ukrainian citizen. Immediate family members include spouses, common-law partners and unmarried children under age 21.&nbsp; Processes for Cubans, Haitians, Nicaraguans and Venezuelans Like U4U, PCHNV beneficiaries must be nationals of one of the designated countries or their immediate relatives. Only 30,000 PCHNV beneficiaries may receive parole each month.&nbsp;

The FRP process sets the strictest terms, requiring that sponsors receive an invitation from the National Visa Center (NVC) before filing Form I-134A. The program is currently available only to nationals of Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti or Honduras who already have a <a href="https://www.marble.co/blog/immigration/form/form-i-130" rel="noopener noreferrer" target="_blank">Form I-130</a>, Petition for Alien Relative, approved on their behalf.&nbsp;

Follow the Form I-134A instructions to file. On the form, you provide information about yourself and the person you’re sponsoring. You also provide financial documentation proving that you—alone or in combination with any co-sponsors—meet the Form I-134A income requirements. Specifically, you must show that you can support the beneficiary and that your income is at least 100 percent of the federal poverty guidelines for a household of your size. (In 2023, these guidelines start at $14,580 for a family of one. For each additional person, you add $5,140.) You can’t mail Form I-134A. You can only file it online using a USCIS account.&nbsp; There’s currently no filing fee, but you must submit documents proving your identity and consent to the U.S. government verifying your fitness to serve as a sponsor under Form I-134A. USCIS will investigate your financial claims and ensure you don’t have a history suggesting you’d mistreat or exploit a beneficiary. You must submit a separate Form I-134A for each beneficiary, including minor children.

What happens after Form I-134A is submitted?

USCIS can’t currently estimate I-134A processing times. However, you can check the status of your case in your USCIS online account. If you haven’t heard back within six months of submitting your application, you may also submit an inquiry about your case’s status. If USCIS doesn’t approve the sponsor, it notifies the sponsor and beneficiary. This decision can’t be appealed, but you may refile your application. If USCIS approves the sponsor, the beneficiary receives an email from USCIS. They need to create a USCIS account and confirm the information the sponsor provided. Beneficiaries must also establish they meet public health requirements, especially regarding vaccinations. After USCIS confirms the medical information, they send the beneficiary instructions to download and use the CBP One mobile application to enter biographic information and provide a photograph.&nbsp; Once those steps are completed, USCIS notifies the beneficiary whether it’s granting authorization to travel to the U.S. The beneficiary must travel to the U.S. within a certain period (usually 90 days) to request parole. When they arrive, they undergo additional security screening.&nbsp; U.S. border agents reserve the right to refuse to admit beneficiaries. However, unless the officers conclude the beneficiary presents a threat to national security or public safety, the beneficiary is typically officially granted parole at the border and allowed to enter the U.S. They may live in the U.S. under the terms of their parole for as long as it lasts.&nbsp; If they want to work, the beneficiary can submit Form I-765, Application for Employment Authorization, to request an employment authorization document (EAD) and Social Security number. They may also be eligible to apply for alternative immigration benefits, depending on the circumstances.

It’s easy to confuse Form I-134A with <a href="https://www.uscis.gov/i-134" rel="noopener noreferrer" target="_blank">Form I-134, Declaration of Financial Support</a>. Form I-134A was even created from Form I-134. But there are some key differences:&nbsp;

Currently, USCIS only accepts Form I-134A for the three programs discussed above. On the other hand, Form I-134 is typically used to show financial support of a person with a nonimmigrant visa. You may also use Form I-134 in the process of requesting parole. Specifically, you apply for parole with <a href="https://www.uscis.gov/i-134" rel="noopener noreferrer" target="_blank">Form I-131, Application for Travel Document</a>, and may need to include Form I-134 when you submit Form I-131.

You don’t submit Form I-134 alone. The beneficiary has to request or have some additional status. Form I-134A, on the other hand, may be the only application submitted on a beneficiary’s behalf. If eligible, a beneficiary who’s submitted Form I-131 may want to withdraw that application for consideration under the relatively new Form I-134A processes instead.

Many sponsors and beneficiaries using Form I-134A hire immigration attorneys to help. They can help you prepare the form and double-check it for accuracy. Then, if anything goes wrong, an experienced immigration lawyer may know ways to contact USCIS and work with U.S. border agents. They can also help you explain why the application should be granted and coordinate the process.

Forms