I-130

Form I-130: Petition for Alien Relative

Form I-130 is the first step in helping a qualifying relative immigrate to the United States or obtain a green card. This form, officially called the Petition for Alien Relative, is filed by a U.S. citizen or lawful permanent resident (green card holder) to establish a qualifying family relationship with a foreign national who seeks to immigrate to the U.S.

Purpose of Form I-130

The primary function of Form I-130 is to demonstrate to U.S. Citizenship and Immigration Services (USCIS) that a valid familial relationship exists between the petitioner (U.S. citizen or permanent resident) and the beneficiary (the foreign national relative). This form does not directly grant a green card but establishes the relationship, allowing the beneficiary to proceed with the immigration process once the petition is approved.

Who Can File Form I-130?

1. U.S. Citizens can file Form I-130 for the following relatives:

   • Spouse (including same-sex spouses).

   • Children (unmarried under 21, unmarried over 21, or married children of any age).

   • Parents (if the petitioner is at least 21 years old).

   • Siblings (if the petitioner is at least 21 years old).

2. Lawful Permanent Residents (Green Card Holders) can file Form I-130 for:

   • Spouse.

   • Unmarried children (regardless of age).

Filing Process for Form I-130

1. Completing Form I-130

• The petitioner must complete Form I-130, providing details about the relationship, the petitioner’s U.S. citizenship or permanent residency status, and the beneficiary’s information. Along with the form, supporting documentation must be included to prove the relationship and the petitioner’s immigration status.

2. Supporting Documents

• Proof of U.S. Citizenship or Permanent Residency: This can be a copy of the petitioner’s U.S. passport, birth certificate, naturalization certificate, or green card.

• Proof of Relationship: Depending on the relationship, the petitioner may need to provide a marriage certificate, birth certificate, adoption records, or proof of legal name changes.

• Passport-Style Photos: Both the petitioner and the beneficiary must submit photos that meet the government’s passport photo standards.

3. Filing Fee

• The current filing fee for Form I-130 is $535, though it’s important to check the USCIS website for any updates to this amount.

4. Processing Time

• Processing times for Form I-130 can vary depending on the relationship and whether the beneficiary is currently inside or outside the U.S. Typically, immediate relatives (spouses, parents, and unmarried children under 21) of U.S. citizens have faster processing times. USCIS provides estimates for I-130 processing times on their website.

5. Receipt Notice and Approval

• Once Form I-130 is filed, USCIS will send a receipt notice (Form I-797) acknowledging the application. After reviewing the petition and supporting documents, USCIS will either approve the petition or request more information. Upon approval, the petition is forwarded to the National Visa Center (NVC) for consular processing, or the beneficiary can apply for an Adjustment of Status if they are in the U.S.

After Form I-130 is Approved

Approval of Form I-130 does not immediately grant a green card. Once approved:

1. For Relatives Outside the U.S.: The approved petition is sent to the National Visa Center (NVC) for consular processing, and the beneficiary will apply for an immigrant visa at a U.S. embassy or consulate.

2. For Relatives Inside the U.S.: If the beneficiary is in the U.S., they can file Form I-485 (Application to Adjust Status) to apply for permanent residency, provided that an immigrant visa number is available.

Priority Dates and Visa Bulletin

• For immediate relatives of U.S. citizens (spouse, children under 21, parents), visas are immediately available once Form I-130 is approved, meaning the beneficiary can quickly move forward in the immigration process.

• For other family categories (e.g., siblings of U.S. citizens, married children), the process may take longer as they fall under family preference categories, which have annual visa limits. The priority date (the date USCIS received the I-130) will determine when the beneficiary can apply for an immigrant visa. The Visa Bulletin provides updates on when visa numbers are available for these preference categories.

Common Mistakes to Avoid

• Incomplete Documentation: Failing to submit the correct supporting documents can delay processing.

• Missing Information: Ensure that all sections of the I-130 form are completed fully and accurately to avoid delays or rejections.

• Incorrect Fees: Always check the latest fee schedule on the USCIS website before filing.

Conclusion

Form I-130 is a foundational step in bringing family members to the United States. Whether you are a U.S. citizen filing for a spouse or a green card holder petitioning for a child, this form establishes the legal relationship necessary for your family member’s immigration process. Understanding the requirements, preparing the correct documentation, and tracking the visa bulletin are essential to navigating this process smoothly.

For guidance and assistance with Form I-130, DIY My Green Card offers support to help ensure your petition is completed correctly and efficiently. Contact us for personalized advice.