If you become a lawful permanent resident through an adjustment of status you can use the Form I-824 follow to join application to apply for an immigrant visa for your spouse and children below the age of 21. In this case, a separate Form I-130, Petition for Alien Relative need not be filed. Instead, the US consulate just needs to be informed that you are a lawful permanent resident and are applying for immigrant visas for your spouse and/or children. Your spouse and children need not wait any further for availability of a visa number.
Eligibility to File Form I-824
Primary applicant qualifies if one of the following criteria is met:
- Immigration was through the diversity lottery
- Immigration was through employment basis
- US citizen relative helped you to immigrate
The foreign applicant should be:
- Spouse or unmarried child below 21 years of age of the US lawful permanent resident
- Spouse through marriage before the green card was got by the primary applicant
- Child who was born before the green card was got by the primary applicant
The following should be submitted to USCIS if you are eligible:
- Application for Action on an Approved Application or Petition, Form I-824
- A copy of your Green Card
- Photocopy of the petition or application used to apply for immigrant status
- Photocopy of Notice of Action, Form I-797 used for your original application or petition
I-824 Application Information
There are five parts of the Form I-824 to be filled completely to avoid rejection:
Part I: Primary applicant information which includes the family name, organization name, business or residence address, mailing address, telephone number where you can be reached during day time, home country, country of citizenship, date of birth, Internal Revenue Service tax number of the business, Alien Registration Number and the Social Security Number in the US.
Part II: Reason for request, whichever appropriate, should be selected.
Part III: Additional Information about the original petition or application.
Part IV: Signature with date without which the form is considered incomplete.
Part V: Signature of the person preparing the form if it is not the applicant, along with date and address.
The Form I-824 application must be submitted at the correct USCIS Lockbox facility along with the check or money order for $405 as filing fee payable to U.S Department of Homeland Security. You can choose if you require an email or text message notification of acceptance using Form G-1145 which is for E-notification of application or petition acceptance. After the application is checked for completeness it will be reviewed and whatever the decision, you will be informed in writing.
