What is a Form I-865?
Form I-865 is an application for enrollment in the U.S. government’s Refugee/Asylee Relative Petition program. It is used to help family members living outside of the United States to obtain legal permanent resident (LPR) status in the United States.
Who is Eligible for Form I-865?
Form I-865 is an application to become a dependent or co-sponsor of an individual who is eligible to immigrate to the United States. This form is used when an individual has a spouse, parent, child, or sibling who is a U.S. citizen or permanent resident and would like to sponsor them for lawful permanent residence (a green card). To be eligible to be sponsored by a qualifying relative, the individual must be related in one of the following ways:
• Spouse of a U.S. citizen or permanent resident
• Parent of a U.S. citizen
• Unmarried child under 21 years of age of a U.S. citizen
• Unmarried son or daughter over 21 years of age of a U.S. citizen
• Brother or sister of a U.S. citizen (if the U.S. citizen is at least 21 years old)
What is the Latest Form I-865 Edition?
The latest Form I-865 edition is dated December 15, 2020.
What are the Required Documents for Form I-865?
The required documents for filing Form I-865 include:
1. Proof of eligibility for the adjustment of status through U.S. citizenship or permanent residence status (e.g. Form I-551, Permanent Resident Card).
2. Proof of identity (e.g. passport, driver’s license).
3. Two passport-style photographs.
4. A copy of your birth certificate or other proof of age.
5. Evidence of any name changes (e.g. marriage certificate).
6. A copy of your current visa or admission stamp, if applicable.
7. A copy of your Form I-797 Approval Notice or other proof of your lawful status in the U.S., if applicable.
8. Evidence of financial support, if applicable (e.g. an employment letter, bank statements).
How to Submit Form I-865?
Form I-865, Sponsor of Qualified Relative, is used to classify certain individuals as a “qualified relative” of a U.S. citizen or permanent resident sponsor. It is filed by the sponsor, not by the relative.
To submit Form I-865:
1. Download Form I-865 from the USCIS website.
2. Print, complete, and sign the form.
3. Collect any necessary documents to include with the form, such as evidence of your qualifying relationship, proof of financial support, and proof of status (for the sponsor).
4. Pay the filing fee (if applicable).
5. Submit the completed form and any supporting documents to USCIS either by mail or online, depending on your situation. For mailed applications, send them to the address listed on the form’s instructions. For online submissions, use the USCIS online filing system.
What are the Filing Tips for Form I-865?
1. Read all instructions carefully before completing the form.
2. Make sure all information is accurate and complete.
3. Make sure to include all required documents and forms.
4. Double check the form before submitting it.
5. Keep a copy of your form for your personal records.
6. Submit the form on time to avoid any delays in processing.
7. Make sure to include the correct filing fee when submitting the form.
8. Contact an immigration attorney if you need any assistance with completing or filing Form I-865.
Are There Special Instructions for Form I-865?
Yes, there are special instructions for Form I-865 that all applicants must follow in order to submit it correctly.
1. Gather all the required documents: including your Social Security Number, passport, and other proof of identity and immigration status.
2. Complete Form I-865 and sign it.
3. Include payment for the fee associated with the form.
4. Make sure to include any additional documents required for your specific situation.
5. Mail the completed form and documents to the address provided on the form.
6. If you’re filing electronically, submit your form and documents to USCIS using the online filing system.
7. Keep a copy of all forms and documents for your records.
8. You may receive a request from USCIS for an interview or additional evidence if necessary.
What is the Form I-865 Fee?
The Form I-865 Fee is a fee charged by the United States Citizenship and Immigration Services (USCIS) to cover the cost of processing an application for permission to work in the US on an immigrant visa. The fee is currently set at $410.
Can I Apply for Form I-865 Fee Waiver or Reduction?
Yes, you may apply for a Form I-865 Fee Waiver or Reduction. You can submit an immigrant fee waiver request on the USCIS website. To qualify for a fee waiver or reduction, you must demonstrate that you are unable to pay the fees due to financial hardship, or that payment of the fees would be a financial burden. You may also qualify for a fee waiver or reduction if you receive certain means-tested benefits, such as Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF). To request a fee waiver or reduction, you will need to provide evidence of eligibility as well as evidence that you are unable to pay the fees.
What is the Form I-865 Processing Time?
The processing time for Form I-865 (Sponsor’s Declaration of Intent to Petition for Alien Relative) depends on several factors such as the USCIS service center where the form is being filed and the number of applications in the queue. Generally, it takes an average of 4 months to 6 months for USCIS to process the form.
Form I-865 Frequently Asked Questions
1. How do I file Form I-865?
You can file Form I-865 online or by mail. To file online, visit the USCIS website and create an account. Once your account is created, you will be able to log in and complete the form. To file by mail, you will need to print out the form and mail it to the USCIS with all of the required documents.
2. What documents do I need to submit with Form I-865?
When submitting Form I-865, you will need to include any applicable fees, proof of your lawful status, and any other evidence that is required for your specific situation. For example, if you are applying for a family-based immigrant visa, you may need to submit documents such as birth certificates, marriage certificates, or proof of financial support.
3. How long does it take to process Form I-865?
The processing time for Form I-865 varies depending on the type of application and the current backlog at USCIS. Generally, you can expect to receive a decision within 8-12 weeks after filing. You can check the current processing times on the USCIS website or by calling their customer service line.
4. What happens after my application is approved?
Once your application is approved, you will receive an approval letter that outlines what steps you must take next to obtain an immigrant visa or adjustment of status. You may also be required to attend an interview at a local USCIS office to verify your identity and eligibility for the benefit.