Immigration Forms

Immigration forms are issued by the United States Citizenship and Immigration Services (USCIS) and used by foreign-born individuals to immigrate lawfully to the United States or apply for citizenship through naturalization. The forms vary depending on the person's status in the U.S., family ties to a legal permanent resident, and other factors.

Some of the purposes of immigration forms include petitioning for family members to immigrate, requesting political asylum or refugee status, and applying for a work visa, green card, and U.S. citizenship. Immigration forms are broken down by category and subcategory. Categories include family-based immigration, employment-based immigration, asylum and refugee processing, special immigrant visas for people of extraordinary ability or certain types of investors, and temporary or nonimmigrant visas for tourists or employees.

Most used immigration forms

Form I-9, Employment Eligibility Verification

Both U.S. employees and employers or authorized representatives of the employers have to accomplish Form I-9 to verify the identity of individuals and prove their legal clearance for employment. Employers should accomplish Form I-9 within three days of hiring for each individual. Employees must comply and attest to employment authorization, providing necessary information and presenting any necessary legal documents confirming their identity and employment eligibilities.

Form I-90, Application to Replace Permanent Resident Card

Form I-90 is a legal document used by lawful permanent residents and permanent residents in commuter status to request or apply for a replacement or renewal of an existing Permanent Resident Card or officially referred to as a green card. In general, green card holders use Form I-90 when their green card is expired, expiring, has been lost, stolen, damaged, or destroyed.

Form I-751, Petition to Remove Conditions on Residence

To become a 10-year green card holder, one of the documents you need to file with the U.S. Citizenship and Immigration Services is Form I-751. If you are a conditional resident in the U.S. based on certain conditions, including you or your parent’s marriage to a U.S. citizen, your status as a conditional resident lasts only for two years. Before the two-year period ends, you may file Form I-751 to request from the Immigration Department the conditions and make you a permanent resident.

Some of the documents the Immigration Department may require may include, but are not limited to the following:

• Birth certificate of a child born to the marriage
• Lease or mortgage contracts showing joint occupancy or ownership of a communal residence
• Financial records showing joint ownership and responsibility of assets and liabilities
• Affidavits
• Photographs of a married couple together

Form I-130, Petition for Alien Relative

Filing Form I-130 is a step to help a relative immigrate to the United States, enabling him or her to become a green card holder. A U.S. citizen or lawful resident uses Form I-130 to establish his or her relationship with a certain alien relative who plans to migrate to the U.S.

A U.S. citizen may file Form I-I30 to petition for the following individuals:

• His or her spouse
• His or her unmarried child who is under 21 years old
• His or her unmarried son or daughter who is 21 years old or older
• His or her married son or daughter of any age
• His or her brother or sister — The petitioner must be 21 years old or older.
• His or her mother or father — The petitioner must be 21 years old or older.

A lawful permanent resident of the U.S. may file Form I-130 for the following individuals:

• His or her spouse
• His or her unmarried child who is under 21 years old
• His or her unmarried son or daughter who is 21 years old or older

Form I-864, Affidavit of Support Under Section 213A of the INA

Form I-864 is an immigration document a U.S. citizen uses to accept financial responsibility for an individual — a relative or family member — who is coming to live in the United States. The person who affixes his or her signature on Form I-864 becomes a sponsor. Employers may also use Form I-864 to sponsor immigrants. In addition, if the petitioner’s income is insufficient, a joint-sponsor may agree to also complete Form I-864 on the applicant’s behalf.

To use Form I-864, you must be:

• A lawful U.S. permanent resident
• 18 years of age or older
• Earning an income that is 125 percent above the federal poverty line
• Able to prove that the U.S. is your permanent home

Form I-485, Application to Register Permanent Residence or Adjust Status

“Adjust of status” is used to describe a change in U.S. immigration status to permanent residence. Immigrants who want to, apply for a lawful, permanent residence or to become a green card holder in the United States, can use Form I-485. An applicant may file Form I-485 based on the following major categories:

• Family-based
• Employment-based
• Special immigrant
• Asylum or refugee
• Human trafficking victim or crime victim
• Special programs
• Additional options

Take note that relatives or spouses who are not physically present in the United States cannot file Form I-485. In addition, even when they are physically present, there are disqualifying conditions that do not allow individuals to file Form I-485. You typically cannot file Form I-485 if:

• You entered the U.S. as a crewman.
• You entered the U.S. for transit purposes.
• You were admitted to the United States as a witness or informant.
• You are deportable because you were involved in terrorist activity or involved with a terrorist group.

Form I-539, Application to Extend/Change Nonimmigrant Status

Individuals — foreigners with nonimmigrant status — who want to change to another visa status or extend their stay in the United States should use Form I-539. Form I-539 must be submitted before their visa expires. To be eligible to file Form I-539 to apply for an extension of an authorized period of stay, the following conditions must be true:

• You were lawfully allowed entry into the U.S. with a nonimmigrant status.
• Your nonimmigrant status is still in effect.
• You have not committed or been involved in any crimes that make you unqualified for a visa.
• You have not violated the conditions of your admission.
• Your passport is valid and will remain valid for the duration of your stay in the U.S.