I 130 uscis

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I-130, Petition for Alien Relative

Alert: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final rule (84 Fed. Reg. 41,292 (Aug. 14, 2019), as amended by Inadmissibility on Public Charge Grounds; Correction, 84 Fed. Reg. 52,357 (Oct. 2, 2019)) (Public Charge Final Rule) nationwide. That decision was stayed by the U.S. Court of Appeals for the Seventh Circuit. On March 9, 2021, the Seventh Circuit lifted its stay, and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect.

We immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. USCIS continues to apply the public charge inadmissibility statute, including consideration of the statutory minimum factors in the totality of the circumstances, in accordance with the 1999 Interim Field Guidance, which was in place before the Public Charge Final Rule was implemented on Feb. 24, 2020, to the adjudication of any application for adjustment of status. In addition, USCIS will no longer apply the separate, but related, “public benefits condition” to applications or petitions for extension of nonimmigrant stay and change of nonimmigrant status.

On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule. That means that applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. Applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).

If an applicant or petitioner has already provided such information, and USCIS adjudicates the application or petition on or after March 9, 2021, we will not consider any information provided that relates solely to the Public Charge Final Rule, including, for example, information provided on the Form I-944, evidence or documentation submitted with Form I-944, and information on the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).

If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required by the Public Charge Final Rule, including but not limited to Form I-944, and your response is due on or after March 9, 2021, you do not need to provide the information solely required by the Public Charge Final Rule. However, you need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit you are seeking. If USCIS requires additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance, we will send you another RFE or NOID. For information about the relevant court decisions, please see the litigation summary.

USCIS published new form editions for affected forms. Starting April 19, 2021, we will only accept the 03/10/21 editions. Until then, you can also use the prior editions specified on each form webpage.

Use this form if you are a U.S. citizen or lawful permanent resident (LPR) and you need to establish your relationship to an eligible relative who wishes to come to or remain in the United States permanently and get a Permanent Resident Card (also called a Green Card).

File Online

Submitting Form I-130 is the first step in helping an eligible relative apply to immigrate to the United States and get Green Card. The filing or approval of this petition does not give your relative any immigration status or benefit.

We will generally approve your Form I-130 if you can establish a relationship between you and your relative that qualifies them to immigrate to the United States. Generally, once we approved the petition, your relative may apply to become a lawful permanent resident. If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status

Certain relatives must wait until a visa number is available before they can apply. If your relative qualifies as an immediate relative, an immigrant visa always is available.

  • If your relative is not eligible to get their Green Card in the United States by filing Form I-485, or if your relative lives outside the United States, they may apply for an immigrant visa with the U.S. Department of State at the U.S. Embassy or Consulate in their country. For more information on ineligibility, please visit our Green Card page.

How to Report Suspected Marriage Fraud: We encourage you to report suspected immigration benefit fraud and abuse, including marriage fraud. For more information, please visit our Reporting Fraud page.

Help for Immigration Crime Victims
Different types of support are available through ICE’s Victims of Immigration Crime Engagement (VOICE) Office.

Help for Victims of Abuse
If you are a battered spouse, child, or parent, you may be eligible to file a petition for yourself independent from your U.S. citizen or LPR abuser. For more information, go to the Battered Spouse, Children, and Parents page.

What This Form Can Help You Do

Form Details

07/20/21. Starting 10/26/21, we will only accept the 7/20/21 edition. Until then, you can use the 2/13/19 edition. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

You have two options for filing your Form I-130 petition with USCIS: 

•    Online; or
•    By mail (paper). 

The filing location for your Form I-130 depends on where you live and if you are filing Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time (this is called “concurrent filing”).

Filing Your Form I-130 Online
The first step is to create an account. To learn more, visit our How to Create a USCIS Online Account page.

You can file Form I-130 online even if your relative is in the United States and will file Form I-485 by mail. Once you submit your Form I-130 online, we will send a receipt notice to your USCIS online account. Provide a copy of the receipt notice to your relative to include in their Form I-485 packet.

You cannot file your Form I-130 online if you are applying for a fee waiver.

You cannot file Form I-485 or Form I-129F online at this time. Please see our Form I-485 and Form I-129F pages for current filing information, and refer to the form instructions for specific instructions on completing each of these forms. We will only accept and adjudicate forms that have been properly filed. We will not accept or adjudicate any Form I-485 or I-129F included as supporting evidence for a Form I-130 that was filed online.

Filing Your Form I-130 By Mail
If you reside in the United States, file at the Chicago, Dallas, or Phoenix Lockbox, depending on where you live and whether your relative is also concurrently filing Form I-485. For a complete list of addresses, visit our Direct Filing Addresses for Form I-130 page.

If you reside outside of the United States, you may:

  • File at the USCIS Dallas Lockbox facility (see our Direct Filing Addresses for Form I-130 page for the address);
  • File online using the USCIS website; or
  • Request to file at the U.S. Embassy or Consulate in certain limited circumstances, as described in USCIS Policy Manual, Volume 6, Part B, Chapter 3, if you are a U.S. citizen and you are filing your Form I-130 for your immediate relative (your spouse, your unmarried child under the age of 21, or your parent (if you are 21 years of age or older)). For a list of U.S. Embassies and Consulates, go to the Department of State’s website.

Filing Tips for Form I-130, Petition for Alien Relative

Complete all sections of the form. We will reject the form if these fields are missing:

  • Part 1 – Relationship
  • Part 2 – Information About You
    • Your Full Name
    • Date of Birth
    • Mailing Address
    • Your Marital Information
  • Part 4 – Information About Beneficiary
    • Beneficiary Full Name
    • Date of Birth
    • Beneficiary’s Physical Address
    • Beneficiary’s Marital Information

Don’t forget to sign your form!  We will reject any unsigned form.

$535.

You may pay the fee with a money order, personal check, or cashier’s check. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. Service centers are not able to process credit card payments.

When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. Use our Fee Calculator to help determine your fee.

Please do not submit this checklist with your Form I-130 (and Form I-130A, if required). It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

Did you provide the following?

  • Evidence of U.S. citizenship, lawful permanent residence, or U.S. national status:
    • A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States; 
    • A copy of your naturalization or citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS); 
    • A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate; 
    •  A copy of your unexpired U.S. passport; 
    • An original statement from a U.S. consular officer verifying you are a U.S. citizen with a valid passport; or
    • A copy of the front and back of your Permanent Resident Card (also known as a Green Card or a Form I-551).
  • Evidence of family relationship with one of the following (see form instructions for more detailed guidance):
    • Spouse: A copy of your marriage certificate
      • Evidence you or your spouse terminated any prior marriages (if applicable)
    • Child: A copy of your child’s birth certificate(s).
    • Parent: A copy of your birth certificate.
    • Brother/Sister: A copy of the birth certificate for you and your sibling.
  • Evidence of the bona fides of the marriage, if petitioning for a spouse:
    • Documentation showing joint ownership of property;
    • A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
    • Documentation showing that you and your spouse have combined your financial resources;
    • Birth certificates of children born to you and your spouse together;
    • Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired their knowledge of your marriage; and
    •  Any other relevant documentation to establish that there is an ongoing marital union.
  • Proof of legal name change (if applicable); and 
  • Two passport-style photographs (if applicable).

If you are filing Form I-130 for your adopted child

  • Evidence of U.S. citizenship:
    • A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States; 
    • A copy of your naturalization citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS); 
    • A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate; 
    • A copy of your unexpired U.S. passport; or 
    • An original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.
  • Evidence of family relationship, such as a final adoption decree;
  • Evidence you have had legal custody of the adopted child for two years; and
  • Evidence you have had joint residence with the adopted child for two years
  • You must file a separate Form I-130 for each eligible relative, unless they can be considered a derivative beneficiary. See the form instructions for more information.
  • If you submit a petition for your spouse, you must also submit Form I-130A, Supplemental Information for Spouse Beneficiary.
  • To receive an email or text message when we accept your form, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the front of the petition.
  • Do not include:
    •  Anything that contains electronic chips and batteries (such as musical greeting cards) or any non-paper materials such as CD-ROMS, DVDs, toys, action figures, or thumb drives. We will not accept these types of materials. However, we will accept photographs or copies of these items. 
    • Any biological or genetic samples as DNA evidence. For information on DNA testing and submitting DNA samples, please visit the Department of State’s page.
    • Graphic photos of childbirth or intimate relations as evidence of a relationship or marriage.

You must submit a separate Form I-130 for each child if:

  • The relative you are applying for is your spouse;
  • Together you have biological children, stepchildren, or  adopted children, and
  • You did not file separate petitions for them.

When you submit their forms, you must include:

  • Evidence of your U.S. citizenship, such as a photocopy of your naturalization certificate or your U.S. passport; and
  • A photocopy of your original Form I-130 receipt notice.

What if I submitted a petition for a relative when I was a permanent resident, but I am now a U.S. citizen?

If you become a U.S. citizen while your relative is waiting for a visa, you can upgrade your relative’s visa classification by notifying USCIS or the Department of State of your naturalization. If you are a U.S. citizen, your spouse and unmarried children under 21 will have immigrant visas immediately available to them.

If you become a U.S. citizenYou should notify:Mail your notification to:And include:
Before we make a decision on your Form I-130the USCIS office that is processing your case.The office address printed on your Form I-130 receipt notice. This infographic shows where to find the address on your receipt notice.
  • A short letter explaining you are now a U.S. citizen
  • Photocopies of your:
    • Naturalization certificate; and
    • Form I-130 receipt notice
  • “I-130 Upgrade” on the outside of the envelope.
After we approve your Form I-130the National  Visa Center (NVC)

National Visa Center
31 Rochester Ave.
Suite 200
Portsmouth, NH  03801-2915

  • A short letter explaining you are now a U.S. citizen; and
  • Photocopies of your:
    • Naturalization certificate; and
    • Form I-130 approval notice
  • “I-130 Upgrade” on the outside of the envelope.

For more information, call the NVC at 603-334-0700.

Sours: https://www.uscis.gov/i-130

Form I-130 Processing Time

Again, the number of immigrant visas (green cards) issued to immediate relatives of U.S. citizens is unlimited. Most Form I-130 petitions for immediate relatives are approved within a 5 to 9 month time frame, but they can take longer in some cases.

If you are in the United States and also filed an application to adjust status, USCIS will begin reviewing Form I-485 at this point. If you are outside the U.S., USCIS will forward your case to the National Visa Center (NVC) to begin coordinating the visa interview at a U.S. consular office in your country. The NVC will advise you when it's time to submit the visa application and other supporting documents.

Remember, immediate relatives are the spouses, unmarried children (under 21) and parents of U.S. citizens. This is a select group of immigrants with unlimited visa numbers. All other types of family relationships are considered family preference categories and generally will take longer to approve and become current.

Sours: https://citizenpath.com/form-i-130-processing-time/
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The various steps involved in obtaining USCIS approval of an I-130 petition for a family member to get a U.S. green card.

The I-130 "Petition for Alien Relative" is one of the most common forms processed by United States Citizenship and Immigration Services (USCIS). Using this petition, a U.S. citizen or permanent resident can file to establish a familial relationship with a non-U.S. citizen, and thus indicate an intention to help that person immigrate to the United States. In most (but not all) cases, approval of Form I-130 by USCIS is a prerequisite to the immigrant then filing an application for a green card (lawful permanent residence).

Warning:The coronavirus or COVID-19 pandemic has resulted in long delays in every part of the immigration process. As of early 2020, there is no way to complete the green card process owing to closures of government offices in both the U.S. and overseas to in-person visits. (Normally, an interview is required before granting a green card.) Even after the situation normalizes, you can expect long delays.

If you have filed an I-130 Petition for Alien Relative, you already know that you can't just walk it into an immigration office and get an answer; you were required to send it by mail to a faraway USCIS processing facility. At this point, you might be wondering about the time required to process the petition, and how long the eventual process of getting your relative a green card will take.

If you have not yet filed the I-130, see this page on information for family sponsors for help preparing the application.

Step One After Filing Form I-130: The Receipt Notice

After USCIS receives the I-130 petition, it will review it for completeness. If something is missing, USCIS might either send the entire package back to the U.S. petitioner, or send a letter (Request for Evidence, or RFE) requesting the missing part.

This can be a stumbling block, especially if you already sent USCIS what it is asking for but the processing facility lost it. If the item at issue is merely the copy of a document, just recopy it and send it in as requested.

If USCIS misplaced a check, however, you might have to cancel the check and write a new one, and then hope that USCIS doesn't then rediscover and try to cash the old one! (This type of thing happens all too regularly.)

Observe that the receipt notice contains a case number. That will be useful in checking on the status of your application, using the USCIS Case Status Online page.

If you haven't yet gotten a receipt notice, or just want to check on typical USCIS processing times, the Case Status page of USCIS's website has a link for "USCIS Processing Times Information," where you can check on average speeds for USCIS decisions on I-130s and other applications. Select the USCIS facility to which you sent the I-130 from the drop-down menu.

Step Two: USCIS Reviews the I-130

Once USCIS has determined that your I-130 petition is complete, it will put it in line for further review.

However, if USCIS is particularly backed up, and the immigrant is in a category of people who won't be eligible for a green card for many years anyway (such as brothers and sisters of U.S. citizens, whose waiting list is about 20+ years long), USCIS may put that I-130 toward the back of the line. Don't worry that this will hurt your timing in getting the immigrant a green card.

If the immigrant is a "preference relative", his or her place on the waiting list will ultimately be determined by the date USCIS received the I-130, called the "Priority Date," not the much later date upon which the I-130 was approved.

The processing times for an I-130 Petition for Alien Relative depend on a number of factors, most notably how busy the USCIS office handling your petition is. Waits of several weeks or months are typical. The review involves scrutinizing documents to make sure that, for example, the U.S. citizen's passport is the real thing, and the immigrant's birth certificate contains all the official government certifications that would be expected from the immigrant's home country.

Step 3: USCIS Makes a Decision on the I-130 Petition

If all goes well, USCIS will approve the I-130. At that point, USCIS will notify the U.S. petitioner, by sending an official I-130 approval notice, and transfer the file to the appropriate place.

Exactly where this is depends on where the immigrant is, and whether the immigrant will be applying for the green card through the process known as Adjustment of Status (which takes place in the United States) or consular processing (which takes place through an overseas consulate or embassy).

If the immigrant will be adjusting status in the U.S., USCIS will wait for you to take the next step and file the appropriate paperwork with USCIS, including a copy of the all-important I-130 approval notice. Several weeks or months after that, it will call the immigrant in for an interview and make a decision on the green card.

If the immigrant will be consular processing, the National Visa Center (NVC) will send the immigrant the appropriate paperwork, after which the immigrant will attend an interview at a U.S. consulate in his or her home country, where a decision will be made on the immigrant visa (green card).

If the immigrant is a preference relative who must wait for an available visa, the file will remain with the NVC for a number of years, waiting until the Priority Date becomes current. Both the petitioner and the immigrant should advise the NVC of any changes of address during this time.

IMPORTANT NOTE: Having an approved I-130 does not, by itself, give the immigrant any right to come to, or remain in, the United States.

If you're having trouble getting USCIS approval of your I-130, you might wish to consult with a qualified and experienced U.S. immigration attorney. A lawyer is usually worth the cost, and can help you avoid damaging mistakes, prepare for interviews, and make the best case possible to help expedite the whole process.

Sours: https://www.alllaw.com/articles/nolo/us-immigration/how-long-does-i-130-petition-process-family.html
I 130 Processing Time (18 August) 2021- Family Based Green Card - Petition For Alien Relatives

Form I-130, Explained


What is USCIS Form I-130?


Form I-130 (officially called the “Petition for Alien Relative”) establishes that a valid family relationship exists between a U.S. citizen or green card holder and a person seeking a green card. This form is often simply referred to as the “I-130 petition.”

Filing the I-130 petition with U.S. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security (DHS), is the first step in the family-based green card process.

In the context of a marriage visa, the I-130 petition is filed to prove that your marriage is legally valid (based on a marriage certificate). This is also the phase of the marriage-based green card process in which you submit documents (for example, joint bank account statements, joint insurance documents, and photos together) to prove that your marriage is “authentic” — that is, it isn’t based on fraud.

Filing the I-130 petition also establishes your place in line for an available green card. Unless you’re the spouse, parent, or unmarried child (under age 21) of a U.S. citizen (who get to skip the line entirely), your place in line is determined by your “priority date,” which is simply the date that USCIS received your I-130 petition. Typically, petitions are processed in the order they are filed. Check out the Visa Bulletin to learn more about the current wait times for specific green card categories.

In this guide, you will learn about:



Form I-130 Processing Times


How long does the I-130 petition process take?

The processing time for your I-130 petition will depend on the family relationship and the USCIS field office that receives your form. For immediate relatives (spouse, parent, or child) of a U.S. green card holder (legal permanent resident), processing times for Form I-130 currently vary between 13.5 and 19 months. For immediate relatives of a U.S. citizen, I-130 processing times currently average 15 to 20 months (as of June 7, 2021). For family preference visas (for example, siblings), processing times can range anywhere from 13.5 months to 20 or more years.

The sooner you get started on your I-130 application, the better. With Boundless, all the required forms listed above turn into simple questions you can answer in under two hours. Get started today.


Form I-130 Cost


How much does the I-130 cost?

The government filing fee for an I-130 petition is currently $535. You can pay this via check or credit card, using Form G-1450.

Need more help? With Boundless, you’ll get an experienced immigration attorney to review your green card application and answer all of your questions — for no extra cost. Get started on your application today!


Form I-130 Eligibility


Who can file Form I-130?

U.S. citizens can file I-130 petitions for their spouses, children, parents, and siblings. Current green card holders can file I-130 petitions for their spouses and unmarried children.

The U.S. citizen or green card holder who files the I-130 petition is officially called the “petitioner” or “sponsor.” The person seeking a green card is officially known as the “beneficiary.”


Who cannot file Form I-130?

There are some eligibility exclusions that prevent the filing of an I-130 petition, even when the above family relationships exist. You cannot file an I-130 in order to sponsor any of the following relatives:

  • A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law
  • An adoptive parent or adopted child, if the child was adopted after he or she turned 16 years old
  • A biological parent, if you became a green card holder or obtained U.S. citizenship through adoption
  • A stepparent or stepchild, if the marriage that created the step relationship happened after the child turned 18 years old
  • A spouse, if you and your spouse were not both physically present at the marriage ceremony
  • A spouse, if you became a green card holder through a prior marriage to a U.S. citizen or green card holder — unless you are now a naturalized U.S. citizen or have been a green card holder for at least five years
  • A spouse, if you married your spouse while he or she was part of any immigration court proceedings (a hearing in an immigration court for someone facing deportation, or, more formally, “removal”)
  • Any relative, if USCIS has determined that this person married, or attempted to marry, purely for immigration purposes

It’s important to know that there are exceptions to some of the above exclusions and that you may be able to file an I-130 petition with additional supporting documentation in those situations.

Boundless makes it easy to complete your green card application and avoid common problems. Learn more today!


Form I-130 Required Documents


The I-130 petition must be filed with supporting documents to prove that the sponsor is allowed to file an I-130 and that they have a valid family relationship with the person seeking a green card.

The required supporting documents for an I-130 petition typically include:

  • Proof that the sponsor is a U.S. citizen or green card holder
  • Proof that a legally valid relationship exists
  • Proof that the relationship is not fraudulent
  • Proof of name changes for the sponsor and/or the person seeking a green card, if any
  • Proof of nationality of the person seeking a green card

Supporting documents required for a family-based green card include, for instance, a copy of the sponsor’s U.S. birth certificate to prove that they’re a U.S. citizen.


Alternative Documents


If a required document is not available, you must submit alternative documents (officially called “secondary evidence”) so that USCIS can make a decision on your I-130 petition. (Boundless has a detailed guide to obtaining hard-to-find documents and on providing secondary evidence.)

For example, if your birth certificate is not available, you can first obtain a statement from the issuing government agency in your home country certifying that your birth certificate is not available from that agency. Otherwise, you’ll need to obtain other records (for example, a baptismal certificate or school records) showing the facts of your birth or written statements from relatives who can attest to those facts.

With Boundless, you get the confidence of an independent immigration attorney who will review all of your application materials and answer any questions you have — for no additional fee. Get started now!


Form I-130 Commonly Asked Questions


  1. What is the difference between Form I-130 and Form I-485?

Form I-130 is the first step to helping a relative apply for a green card if you are a U.S. citizen or permanent resident and you want to prove that you are related to someone who is eligible for permanent residency.

If your relative is already in the United States, they may be able to use Form I-485 (Application for Adjustment of Status) to apply for permanent residency at the same time. In some cases, you may be able to file these forms together.


2. How do I file Form I-130?

You can file Form I-130 either online or via mail. To file online, you need to create an online account with USCIS. This will also make it easier to receive case alerts, check your status, upload supporting evidence and see all case correspondence. You can submit Form I-130 online even if your relative is already in the United States and they plan to submit their Form I-485 by mail.

You can also file Form I-130 by mail. If you live in the United States, you will need to confirm to which address to send your petition. Depending on which state you live in and whether or not your relative is filing Form I-485 as well, USCIS will require you to send to either the Dallas, Chicago or Phoenix Lockbox. From here, it will be processed at any of USCIS’ five service centers.

If you live outside the United States, you may file at the USCIS Dallas Lockbox or online. If there are special circumstances, you can request to file at the closest U.S. Embassy.

Make sure you fill out all sections of the form and sign it, otherwise USCIS may reject it.


3. What are the fees for the I-130?

An I-130 petition currently costs $535, paid using a check or credit card, using Form G-1450.


4. Can I expedite processing for Form I-130?

Premium Processing isn’t available for I-130 petitions, but you can send a special request to USCIS if you want to expedite processing for Form I-130. USCIS will usually only consider the request if there are urgent humanitarian or U.S. government interests.


5. Who can file Form I-130?

If you are a U.S. citizen, you can file Form I-130 for each of your eligible relatives. This includes your spouse, your children, your siblings, and your parents. If you are a permanent resident, you can petition for your spouse and any children under the age of 21.

You can also petition for your stepchild if the marriage that created the relationship took place when the child was younger than 18.


6. What documents will I need to file Form I-130?

When filing Form I-130, you will need to show evidence of your relationship to the relative you are petitioning for.

Some of the documents you may use to prove this include:

  • Evidence of U.S. citizenship or permanent residence, such as a birth certificate, naturalization or citizenship certificate, passport, or green card.
  • Evidence of family relationship, for example through a marriage certificate or birth certificate.
  • If you are petitioning for your spouse, you will need to provide additional evidence of your relationship and prove you have a bona fide marriage. Some ways you can do this include documentation that shows you own or rent property together, joint bank account statements, and affidavits from people who can confirm your relationship is authentic.
  • Proof of legal name change, if applicable.

7. My Form I-130 has been approved. What happens next?

Once the I-130 has been approved, your relative can apply for their green card. If they are an immediate relative, such as a parent, spouse, or unmarried child under the age of 21, they may be able to apply straight away. Otherwise, they may have to wait. If they can apply immediately and they are in the United States, they may be able to adjust their status using Form I-485.


8. Will I need to go to a biometrics appointment for Form I-130?

USCIS may request biometrics information from any applicant, sponsor, or petitioner. After your file your I-130, you will receive Form I-797C from USCIS, which will let you know if your petition has been approved, rejected, or if you need to provide more information. If your I-130 has been approved, this form will also include an appointment notice with a date, time, and location for an appointment to provide biometrics information at your closest application support center.


9. What happens if my Form I-130 is denied?

There are many reasons why an application may be denied. If USCIS denies your I-130 petition, you will receive Form I-797 (“Notice of Action”) in the mail.

If you believe your I-130 was unfairly denied, you may be able to appeal to a separate body, the Administrative Appeals Office (AAO), within 30 days from when the notice was sent (not from when the notice was received).


10. How can I check my I-130 case status?

You can track the processing of your case online using your 13-digit case receipt number, which can be found on any notification letter sent by USCIS.


11. Will I need an interview for my I-130?

For most people petitioning with I-130, USCIS will invite the sponsor and the relative seeking a green card to attend an interview. During the interview, USCIS will confirm the information you have provided.

Sometimes, USCIS might be able to approve your I-130 without the need for an interview. If you are a U.S. citizen and you are filing for your parents, or unmarried children under the age of 21 who are in the United States and have filed Form I-485, then you might not need an interview. You also may not need an interview if you are a permanent resident and you are petitioning for any of your children who are younger than 14 years old.


12. What if I am missing some of the documents for my I-130?

If you do not have one of the primary documents required, such as a birth certificate, then you will need to submit a letter from the relevant authorities to confirm that this document does not exist.

If you submit your petition and are missing any of the documents in your application in your I-130, then USCIS might send you a Request for Evidence (or RFE).

However, there is also a chance that officials may deny an I-130 petition if some supporting documents are missing.


13. Will my relative be able to work after Form I-130 is filed?

The I-130 is a petition to help a relative apply for a green card, and does not give the right to work. The good news is that it’s the first step towards gaining permanent residency and the right to work in the United States, and that further down the process, your relative may be able to submit Form I-765 and apply for an Employment Authorization Document (EAD).


14. Can I file I-130 and I-485 together?

If you file Form I-130 and your relative is in the United States already, you may be able to file Form I-485 together. This process is called concurrent filing.

If your relative isn’t an immediate relative, such as your spouse, your child or your parent, you may also need to confirm that there is a visa available for them before filing concurrently.

For Form I-130 and Form I-485 to be considered together, you’ll need to file them at the same time, by mailing them with the required filing fees and supporting documents to the same location. They will also be considered as filed concurrently if you have filed Form I-130 either online or via mail, and it is still pending when your relative files Form I-485 to adjust their status.

Since both of these forms are processed by USCIS, they are eligible for concurrent filing. Generally, if your relative is not already in the United States, you will not be able to file to adjust status at the same time, since immigrant visas are dealt with by the Department of State.


15. Can I use Form I-130 for my spouse or fiancée?

If you are a U.S. citizen petitioning for a green card for your non-U.S. citizen spouse, then Form I-130 is the first step to applying for a K-3 visa (“Nonimmigrant Visa for a Spouse”).

If you are petitioning for your fiancé(e), you will need to file Form I-129F (Petition for Alien Fiancé(e)), for them to be admitted to the United States as a K-1 nonimmigrant fiancé(e).


16. Will my relative be able to travel on an I-130?

While the sponsor is waiting for the I-130 petition to be approved, the relative may be able to travel to the United States on a tourist visa, such as a visa waiver or a B-1/B-2 visitor visa. However, it’s important they make it clear to immigration when they enter that they will leave before this visa expires. If they cannot prove this, they may be denied entry.


17. Will Form I-130 still be approved if either myself or my relative has a criminal record?

When you file a I-130 for your relative, USCIS may request an interview or biometric information, such as fingerprints or photograph, from both you and the applicant. This is so they can run background and security checks.

If the sponsor has a criminal record, there’s a good chance they will still be able to sponsor a relative coming to the United States. If the relative has a criminal record, they may also still be able to apply for a green card. It’s important to be honest about your criminal history, and to let USCIS know of any interactions with law enforcement (except for minor traffic violations). Having a police record can make things more complicated, but does not necessarily lead to a green card denial.

18. Where should I send my I-130 form?

Where you must send your I-130 petition depends on where you live and whether you’re filing just an I-130 (officially called a “standalone” I-130) or filing an I-130 with an I-485 green card application, or “Application to Register Permanent Residence or Adjust Status,” at the same time (officially called a “concurrent filing”). (See this USCIS chart for the appropriate mailing address to send your I-130 petition.)




Sours: https://www.boundless.com/immigration-resources/form-i-130-explained/

Uscis i 130

U.S. Visas

U.S. citizens and lawful permanent resident petitioners residing in the United States must file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This can be done either electronically or through the traditional paper process through the mail.

To learn more about USCIS and to access forms and instructions, please click here.

Filing Petitions from Inside the United States

U.S. citizens and lawful permanent resident sponsors residing in the United States must file Form I-130, Petition for Alien Relative, with the USCIS Chicago Lockbox facility, following instructions on the USCIS website. U.S. employers must file Form I-140, Petition for Alien Worker, as instructed on the USCIS website. 

Filing Petitions from Outside the United States

While most immigrant visa petitions are filed in the United States, filing certain types of petitions outside the United States is possible. Learn about filing petitions outside of the United States.

Petition Approval

Your immigrant petition must be approved by USCIS before your case can proceed to the National Visa Center.

Sours: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html
Form I-130: Everything You Need to Know

What is USCIS Form I-130, "Petition for Alien Relative"?

What supporting documents do I need to file with Form I-130?

Your supporting documents will have to fulfill two goals. First, they must show that you have valid U.S. permanent resident status or U.S. citizen status. Second, they must prove that you have a genuine family relationship with the person you’re sponsoring the green card for. If your supporting documents are in a foreign language, you’ll have to include a complete English translation with them. 

Generally, you’ll have to send in the following with Form I-130:

  • Proof of U.S. citizenship or permanent resident status of the petitioner includes copies of your naturalization certificate, birth certificate, permanent resident card (green card), or U.S. passport
  • Proof that you and your foreign family member have a valid relationship, for example, marriage certificate, birth certificate
  • Proof of any name change of the petitioner or the foreign family member, for example, an affidavit
  • Passport size photos of both the petitioner and the foreign family member that are not more than six months old
  • Form I-130 filing fees

The specific documents you would send with your I-130 petition would depend on your immigration background and the family member you’re seeking permanent resident status for. For instance, the supporting documents you would send with an I-130 petition for your spouse will differ from those you’ll submit for your parents.

What if I don’t have the required supporting documents for Form I-130?

If you don’t have the required original documents for your application type, you may be able to submit “secondary evidence” for them. If the U.S. government asks for documents but your home country doesn’t provide these documents, you can submit secondary evidence instead.

For example, some countries do not issue birth certificates. Still, for many family-based green card applications, you’ll need to submit a copy of your birth certificate with your Form I-130. In this case, you’ll have to submit a document that would play the same role as the birth certificate. You can check the State Department website to see which other documents from your country the U.S. government would accept as secondary evidence.

It could also help to get a letter from the issuing authority in your country stating that the original document you need is not available.

Sours: https://www.immigrationhelp.org/learning-center/all-about-the-uscis-form-i-130-petition-for-alien-relative

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