What Is the Difference Between I-130 and I-485?
The main difference between Form I-130 and Form I-485 lies in their purpose and who can use them during the immigration process.
Form I-130 – Petition for Alien Relative
- Purpose: To establish a qualifying family relationship between a U.S. citizen or lawful permanent resident (the petitioner) and a foreign national relative (the beneficiary).
- Who Files It: The U.S. citizen or green card holder.
- What It Does: It starts the immigration process by proving that the family relationship exists. It does not grant immigration status on its own.
Also, read >> What Is the Fee for a Petition for Alien Relative?
Form I-485 – Application to Register Permanent Residence or Adjust Status
- Purpose: To apply for a green card (lawful permanent residence) from within the United States.
- Who Files It: The foreign national relative (the beneficiary), but only if they are physically present in the U.S.
- What It Does: It allows the beneficiary to adjust from a temporary status (like a visa) to permanent resident status.
Key Difference:
- I-130 is about proving the relationship.
- I-485 is about changing immigration status to become a green card holder.
- I-485 is typically filed after or along with I-130 if the relative is already in the U.S. and eligible for adjustment of status.