Petition stage
How the petition stage works for different green card pathways. Covers the qualifying petitions (I-130, I-140, I-360, I-140G, I-129F) and which pathways skip the petition step entirely.
What the petition stage is
Most green card pathways begin with a qualifying petition filed with USCIS. The petition establishes the immigrant basis. The legal reason the applicant qualifies for permanent residence.
The petitioner is usually a U.S. citizen, lawful permanent resident, or employer. Some categories allow self-petitioning. Until the petition is approved, the case cannot move to the next processing stage (adjustment of status or consular processing).
Family-based petitions (Form I-130)
Form I-130, Petition for Alien Relative, is the standard family-based petition. The petitioner must be a U.S. citizen or lawful permanent resident with a qualifying family relationship to the beneficiary.
Immediate relatives (spouses, parents, unmarried children under 21 of U.S. citizens) are not subject to annual visa quotas. Family preference categories (F1 through F4) are quota-controlled and may have significant waiting times.
Adopted children may also be petitioned through I-130 if they meet the family-based adoption requirements.
Fiancé(e) petition (Form I-129F)
Form I-129F is the petition for a K-1 fiancé(e) visa. It does not directly lead to a green card. The K-1 visa allows entry to the United States, after which the couple must marry and the K-1 holder files for adjustment of status.
K-2 derivative children are included on the K-1 petition.
Special immigrant and VAWA petitions (Form I-360)
Form I-360 covers several distinct categories:
- VAWA self-petitioners (abuse survivors)
- Widows and widowers of U.S. citizens
- Special immigrant juveniles (SIJ)
- Religious workers
- Afghan and Iraqi SIV applicants
- Other special immigrant categories (broadcasters, NATO employees, etc.)
Each I-360 subcategory has different eligibility rules and evidence requirements. Always use the official instructions specific to your I-360 classification.
Employment-based petitions (Form I-140)
Form I-140, Immigrant Petition for Alien Workers, covers employment-based categories EB-1, EB-2, and EB-3. The petitioner is usually the U.S. employer.
EB-2 National Interest Waiver (NIW) cases are self-petitioned. The applicant files the I-140 on their own behalf.
Most EB-2 and EB-3 cases require a PERM labor certification from the Department of Labor before the I-140 can be filed. EB-1 and NIW cases do not require labor certification.
Gold Card petition (Form I-140G)
Form I-140G is the petition form for the Gold Card program. This is a new program as of 2025-2026 and is operationally volatile. Always check the current USCIS Gold Card page for the latest instructions, form version, and filing requirements before relying on any guidance.
Pathways that skip the petition stage
Some green card pathways do not require a separate petition:
- Refugees adjusting status. File I-485 directly based on refugee admission
- Asylees adjusting status. File I-485 based on asylum grant
- Cuban Adjustment Act beneficiaries. File I-485 directly
- Diversity visa selectees. Use DS-260 or I-485 based on DV selection
- Some humanitarian categories. File I-485 directly based on qualifying status
For these categories, the immigrant basis is established through the underlying status rather than a petition.
Dynamic items: verify with official sources
These items must be checked against current official sources:
- Current form versions and editions for I-130, I-140, I-360, I-140G, I-129F
- Filing fees and filing locations. These change
- PERM labor certification processing times and requirements
- Gold Card program status and instructions. Operationally volatile
What can vary by case, post, or month
These notes come from the research module behind this guide. Use them as flags; verify official instructions for your case before relying on general guidance.
Clearly required
- correct underlying petition or other status-based basis, where the pathway requires one
Conditional
- concurrent filing, self-petition options, labor certification, and derivative petitions differ by pathway
Dynamic (may change)
- filing locations, fee rules, edition dates, and new program instructions
Unresolved
- Gold Card downstream processing and some less-common special-immigrant subclasses need live re-checking
This page is an editorial guide built from official sources and project policy where needed.
Recheck the live official source before filing, traveling, paying fees, or relying on post-specific instructions.
Sources used on this page
- Form I-130, Petition for Alien Relative (USCIS)Official source
Accessed:
Exact official USCIS URL preserved. Binary was not mirrored locally because the USCIS host returned access-blocked/403 behavior or was otherwise not downloadable in this environment.
Why this source is here: Primary petition form for family-based immigrants. Canonical USCIS form page for the family-based petition. Includes current form version, instructions, and filing fee.
- Form I-140, Immigrant Petition for Alien Workers (USCIS)Official source
Accessed:
Exact official USCIS URL preserved. Binary was not mirrored locally because the USCIS host returned access-blocked/403 behavior or was otherwise not downloadable in this environment.
Why this source is here: Primary immigrant worker petition form page. Canonical USCIS form page for employment-based petitions (EB-1, EB-2, EB-3). Includes current form version and instructions.
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (USCIS)Official source
Accessed:
Exact official USCIS URL preserved. Binary was not mirrored locally because the USCIS host returned access-blocked/403 behavior or was otherwise not downloadable in this environment.
Why this source is here: Multi-use self-petition/special immigrant form landing page. Canonical USCIS form page for VAWA, widow/widower, SIJ, religious worker, and other special immigrant petitions.
- Form I-129F, Petition for Alien Fiancé(e) (USCIS)Official source
Accessed:
Exact official USCIS URL preserved. Binary was not mirrored locally because the USCIS host returned access-blocked/403 behavior or was otherwise not downloadable in this environment.
Why this source is here: Primary K-1/K-3 petition form landing page. Canonical USCIS form page for the K-1 fiancé(e) visa petition.