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Occam Immigration
glossary

Petition

proceduresMarriage-Based Green CardK-VisaGreen Card for ChildrenGreen Card for Parents

Definition

A formal request filed with USCIS to start the immigration process — usually submitted by a U.S. citizen, resident, or employer on someone's behalf.

What this actually means

A petition is the formal application that kicks off most immigration processes. In family-based immigration, it's usually a U.S. citizen or permanent resident filing on behalf of a relative — saying "I want to sponsor this person for a green card."

The most common family petition is the I-130 (Petition for Alien Relative). For fiancé(e)s, it's the I-129F. In employment contexts, it might be an I-140 or I-526. The petition itself doesn't give anyone a green card — it's just the first step that establishes the relationship and gets you in line.

Why it matters

Nothing moves forward without an approved petition. It's the foundation of the entire case. If the petition is denied, there's no green card to apply for. If it's approved, you can move to the next stage — either adjustment of status (if you're in the U.S.) or consular processing (if you're abroad).

The petition also sets your priority date, which determines your place in line for a visa number. For immediate relatives of U.S. citizens, there's no wait. For other categories, the wait can be years or even decades.

Where this comes up

  • Marriage-based green cards (I-130 filed by the U.S. citizen spouse)
  • K-1 fiancé(e) visas (I-129F filed by the U.S. citizen partner)
  • Green cards for parents and children (I-130 filed by the qualifying relative)
  • Employment-based immigration (I-140 filed by the employer)

Key things to know

  • The petitioner (sponsor) files the petition — not the person who wants the green card
  • An approved petition doesn't guarantee a green card — it just opens the door to apply for one
  • You need strong evidence of the qualifying relationship (marriage certificate, birth certificate, etc.)
  • Some petitions can be filed concurrently with the green card application itself, saving months of waiting

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