Form I-130 Guide

Navigating the Family Petition Process

Form I-130, officially known as the Petition for Alien Relative, is a crucial step in the family-based immigration process to the United States. It allows U.S. citizens and lawful permanent residents to establish a qualifying relationship with certain foreign citizen relatives who wish to immigrate to the United States. By filing Form I-130, the petitioner aims to reserve an immigrant visa for their eligible family member, setting them on the path to eventually obtaining a Green Card.

The process begins with the petitioner submitting Form I-130 to the U.S. Citizenship and Immigration Services (USCIS). It is important to note that the filing or approval of this petition does not immediately grant any immigration status or benefits to the relative. Once the form is filed and approved, it demonstrates that the relationship between the petitioner and beneficiary is legitimate, enabling the foreign citizen relative to apply for permanent residence or an immigrant visa. Throughout this procedure, accuracy and proper documentation are paramount to ensure a smooth and successful outcome.

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Eligibility Criteria

To file Form I-130, the petitioner must be a U.S. citizen or a lawful permanent resident (LPR). The petition aims to establish the family relationship between the petitioner and the relative who seeks to immigrate to the United States. It is important to note that only qualifying relationships will receive consideration for Form I-130.

U.S. citizens?can file Form I-130 for the following relatives:

• Spouses;
• Children, either married or unmarried, regardless of their age;
• Parents, provided that the U.S. citizen is at least 21 years of age;
• Siblings, provided the U.S. citizen is at least 21 years of age.

Lawful permanent residents?can file Form I-130 for the following relatives:

• Spouses;
• Unmarried children under 21 years of age;
• Unmarried sons and daughters aged 21 or older.

Family preference categories also play a significant role when filing Form I-130. The categories are:

• First preference (F1): Unmarried sons and daughters (21 years of age and older) of U.S. citizens;
• Second preference (F2A): Spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
• Second preference (F2B): Unmarried sons and daughters (21 years of age and older) of lawful permanent residents;

It is essential for petitioners to provide accurate and sufficient documentation to support their claims of family relationships. This includes birth certificates, marriage certificates, adoption decrees, or other official documents to confirm the family connection.

Filing the Form I-130

Filing the Form I-130, Petition for Alien Relative, is an essential step in the family-based immigration process for the United States. The purpose of this form is to establish the relationship between a U.S. citizen or lawful permanent resident (LPR) and their foreign citizen relative who wishes to immigrate to the United States.

To file the Form I-130, the petitioner must provide accurate and sufficient information about themselves and their relative. This includes details about the petitioner's citizenship or permanent residency status, their relationship to the foreign citizen, and the foreign citizen's personal and biographical details. Additionally, the petitioner needs to submit supporting documents to prove their relationship and eligibility.

It is essential to follow the official instructions provided by the U.S. Citizenship and Immigration Services (USCIS) when completing the form. Mistakes or missing information can result in delays or denial of the petition.

After completing the form, it is important to review all the provided information for accuracy and completeness. The petitioner is required to sign and date the form. If the petitioner is using an attorney or accredited representative, they should also complete and sign the Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.

Once the form is completed and necessary documents gathered, the petitioner must submit the entire package along with the required filing fees to the appropriate USCIS address. The filing fees must be paid through a check or money order made payable to the U.S. Department of Homeland Security.

After submitting the Form I-130, the petitioner should receive a receipt notice from USCIS confirming that it has been received and is in processing. It is essential to carefully monitor the progress of the petition and promptly respond to any requests for additional evidence or information from USCIS.

Remember, filing the Form I-130 is just the first step in the family-based immigration process. Upon approval of the petition, the foreign citizen relative will need to apply for an immigrant visa or adjustment of status to obtain their Permanent Resident Card, also known as a Green Card.

Required Documents

Sponsor Documents

When preparing to submit Form I-130, Petition for Alien Relative, the sponsor will need to gather and include the following documents:

• A copy of the sponsor's United States citizenship or lawful permanent resident status.
• Proof of the sponsor's relationship to the beneficiary, such as:
• Marriage certificate (if filing for a spouse)
• Birth certificate (if filing for a child, parent, or sibling)
• Adoption decree (if applicable)

It's important for the sponsor to ensure all documents are clear, legible, and translated into English, if necessary.

Beneficiary Documents

Similarly, the beneficiary (alien relative) will need to provide certain documents when submitting Form I-130:

• Passport-style photographs of the beneficiary, taken within the past six months.
• Proof of the beneficiary's civil status, such as birth certificate, marriage certificate, or divorce decree (if applicable).
• If the beneficiary is in the United States, a copy of their current immigration status document, such as Form I-94, Arrival/Departure Record.

Ensuring that all required documents are accurately prepared and submitted with the Form I-130 will help to avoid delays in the processing of the petition.

Fees and Payment Methods

When filing a Form I-130, Petition for Alien Relative, applicants must pay the required fees. The I-130 filing fee is subject to change, as USCIS updates its fees periodically. It is crucial to confirm the current fee on the USCIS website or by contacting the USCIS Contact Center at 1-800-375-5283.

In addition to the I-130 filing fee, applicants may encounter other fees related to sponsoring a family member. These fees can vary depending on the type of applicant and the specific family member being sponsored.

For payment methods, USCIS accepts credit card and debit card payments using Form G-1450, Authorization for Credit Card Transactions. When submitting Form G-1450, you may pay both the filing fee and the biometric services fee with one form. However, it is essential to understand that USCIS will reject your entire package if you submit one form for multiple applications, petitions, or requests. It is also not allowed to split the payment between a check and a credit card authorization for the same application, petition, or request.

In summary, while baring a Form I-130 for a family member, sufficiently understanding the fees and payment methods is crucial. Always verify the most up-to-date fee information, prepare your payment according to the USCIS guidelines, and note that additional fees may apply depending on your specific circumstances.

Submission and Processing Steps

Filing Location

When submitting Form I-130, the petitioner must ensure they have selected the correct filing location as per the instructions. This depends on the petitioner's residence and the beneficiary's intent regarding adjustment of status within the United States or visa processing abroad.

Receipt Notice

After USCIS receives the I-130 petition, they will issue a receipt notice to the petitioner, which confirms that the application is being processed. This notice will include a receipt number, which can be used to track the status of the petition online. It may take 6-12 months for USCIS to approve the I-130 petition and transition to the embassy.

Priority Dates

Priority dates are essential in the I-130 process, as they dictate when a visa number will become available for the beneficiary. There is no quota for the immediate relative visa category, but the priority date will still affect the processing time. In some cases, beneficiaries may have to wait longer based on their country of origin, such as China, India, Mexico, and the Philippines, which have significantly longer wait times.

Address Changes and Updates

When submitting a Form I-130,?Petition for Alien Relative, it is essential to keep the United States Citizenship and Immigration Services (USCIS) updated on any changes to your address. Accurate address information ensures that you receive all correspondence and benefits in a timely manner and avoid potential delays related to your case.

To change your address, visit the USCIS website and follow the instructions provided. Remember to include the I-130 receipt number when updating your address. If there are multiple intending immigrants related to your petition, make sure to list the receipt number for each I-130 form.

If the petitioner's address changes while the case is still pending at the National Visa Center, be sure to update both USCIS and the National Visa Center with the new information. This prevents any miscommunication or loss of important documents.

For certain forms related to the Form I-130, such as Form I-485 (Application to Register Permanent Residence or Adjust Status), you may need to file these concurrently with your I-130 petition. The filing location for your Form I-130 and any related forms depends on where you live. You can also submit your Form I-130 online through the USCIS website for ease and convenience.

In summary, maintaining accurate and up-to-date address information is crucial for the smooth processing of your Form I-130 petition. Timely updates with USCIS will ensure proper communication and minimize the risk of delays or issues related to your case.

Case Inquiries

Form I-130, Petition for Alien Relative, is an essential form for U.S. citizens and lawful permanent residents who wish to sponsor certain alien relatives to immigrate to the United States. When filing this form, it is not uncommon for petitioners to have questions or concerns about their case.

In order to address these inquiries, the U.S. Citizenship and Immigration Services (USCIS) provides several resources to guide individuals through the process and ensure transparency. One such resource is the USCIS website, where petitioners can find detailed information regarding the filing process, eligibility requirements, and necessary documentation for Form I-130.

In the event that a petitioner has a specific question about their case, USCIS has established the USCIS Contact Center to accommodate such inquiries. To reach the Contact Center, individuals can either call their toll-free number or schedule an appointment through the USCIS online portal, known as the Information Services Modernization Program. The Contact Center employs customer service representatives who are trained to provide assistance with various case inquiries, including general filing information, form instructions, and processing times.

Additionally, USCIS allows petitioners to check the status of their cases online by visiting the USCIS Case Status portal. To access this information, individuals will need to enter their unique receipt number, which is assigned upon the acceptance of their Form I-130 petition. This portal offers real-time updates and allows petitioners to monitor the progress of their cases without needing to contact USCIS directly.

It is important for petitioners to stay informed about their cases and promptly address any issues that might arise. By utilizing the resources provided by USCIS and maintaining an open line of communication with the agency, petitioners can successfully navigate the Form I-130 process and sponsor their alien relatives for immigration to the United States.

Common Scenarios

Marriage-Based

In marriage-based scenarios, a U.S. citizen or lawful permanent resident (LPR) can file Form I-130, Petition for Alien Relative, to establish a relationship with their foreign spouse. The purpose of this form is to confirm the marital relationship and provide a basis for the foreign spouse to apply for a Green Card. It is important to submit the appropriate documentation to prove the legitimacy of the relationship, such as:

• Marriage certificate
• Joint financial statements
• Joint property ownership documents
• Photographs together

Note that the processing time for a spouse's I-130 petition may vary depending on the U.S. citizen or LPR's status and the processing center.

Child-Based

In child-based scenarios, a U.S. citizen or LPR parent may file Form I-130 on behalf of their minor child or adult child. The process involves submitting evidence to establish the parent-child relationship, such as:

• Child's birth certificate showing the petitioner's name as a parent
• Adoption decree, if the child was adopted
• DNA test results, if necessary

The age and marital status of the child will determine the category of preference for the immigrant visa. For instance:

• Unmarried children under 21 years old of U.S. citizens qualify for the Immediate Relative category (IR).
• Unmarried adult children (21 years old or older) of U.S. citizens fall under the Family First Preference category (F1).
• Unmarried children of LPRs (regardless of age) are in the Family Second Preference category (F2A) or the Family Second Preference (F2B) if they are 21 years old or older.

Each category will have a different waiting time depending on the demand and annual limits for visas.

Appeals and Motions

When a decision regarding a Form I-130, Petition for Alien Relative, is unfavorable, the petitioner has the option to file an appeal or motion. Appeals and motions are requests for higher authorities to review the initial decision made by USCIS officers.

There are two types of appeals and motions that can be filed in response to a Form I-130 decision. Appeals are submitted on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals (BIA), while motions are submitted on Form I-290B, Notice of Appeal or Motion.

It is important to understand the difference between the two. An appeal is a request for a higher authority, such as the BIA, to review the decision made by a USCIS officer. In contrast, a motion is a request for the USCIS officer who made the initial decision to review the case again based on new information, errors, or changes in the law. Filing a motion can result in the officer reopening or reconsidering the case.

The petitioner must meet specific eligibility criteria to file an appeal or motion. These requirements include having an approved Form I-140 that USCIS later revoked, or filing a Form I-485 based on a valid Form I-140, which has been pending for 180 days or more.

When filing an appeal or motion, it is essential to follow the correct procedures and submit the necessary documents. The forms must be filed within the required timeframes, typically 30 days from the date of the decision for appeals and 30 days for a motion to reopen or reconsider.

In conclusion, the appeals and motions process enables petitioners to seek a review of unfavorable Form I-130 decisions. By understanding the difference between appeals and motions, eligibility requirements, and proper filing procedures, petitioners can navigate this process more effectively.

Tips for Success

When completing Form I-130, the Petition for Alien Relative, it is important to be thorough and accurate. Here are some tips to ensure success in your application:

Firstly, make sure to gather the necessary documentation to support your petition. This includes evidence of the petitioner's citizenship or lawful permanent resident status, proof of the qualifying relationship between the petitioner and the beneficiary, and any applicable marriage or birth certificates.

In the application, avoid leaving any blank spaces since incomplete information may lead to processing delays or denial of the petition. If any question is not applicable, indicate "NONE" or "N/A" as the answer. This demonstrates that you have considered the question and determined that it does not apply to your situation.

Accuracy is crucial when filling out Form I-130. Ensure that personal information, such as names, dates of birth, addresses, and Alien Registration Numbers, are consistent with official documents. Also, double-check all numerical figures and ensure they accurately reflect the requested information.

When it comes to the Petitioner Information section, list any other names used, including maiden names or aliases. This helps USCIS in verifying the petitioner's identity and assessing eligibility for sponsorship.

In the Relationship section, be specific about the type of relative you are petitioning for (e.g., spouse, parent, sibling, or child). If the beneficiary is a family member not listed in the form, provide a detailed explanation of the relationship and include any supporting documentation.

Finally, make sure to provide all required signatures on the form. Missing signatures may render the petition incomplete, leading to delays or denial. It's also helpful to keep copies of all submitted documents for your records.

By following these tips and paying close attention to details, you can increase the chances of a successful Form I-130 petition and support your family member in their pursuit of immigration to the United States.

Hiring a Professional Filing Service

When navigating the complex process of filing Form I-130, Petition for Alien Relative, many individuals may feel overwhelmed or unsure about the steps to take. In such situations, hiring a professional filing service like Citizen Concierge can provide much-needed assistance and expertise in completing the form correctly and efficiently.

Citizen Concierge is a service that specializes in helping U.S. citizens, U.S. nationals, and permanent residents file Form I-130 for their foreign citizen family members. They are well-versed in the requirements and procedures associated with family-based immigration and can ensure that the application process is smooth and error-free.

One of the primary benefits of utilizing Citizen Concierge is their in-depth understanding of the eligibility criteria for filing Form I-130. Based on their knowledge, they can accurately determine whether an individual's relationship with their foreign relative qualifies for the petition. This can save applicants time and resources by eliminating the possibility of denied applications due to incorrect or ineligible relationships.

Moreover, considering the strict guidelines and deadlines set by the U.S. Citizenship and Immigration Services (USCIS), having a professional filing service manage the process can help maintain compliance and reduce the likelihood of delays or denials. Citizen Concierge is adept at handling important documentation and ensuring that all necessary information is submitted in a timely and organized manner.

Finally, hiring Citizen Concierge can provide peace of mind to applicants and their families. By entrusting the Form I-130 filing process to experienced professionals, individuals can be confident that their application is in capable hands, enabling them to focus on other essential aspects of their lives.

In conclusion, hiring a professional filing service like Citizen Concierge when filing Form I-130 can be a valuable investment in ensuring that the petition process is navigated efficiently and accurately. Their expertise, attention to detail, and commitment to assisting clients with their family-based immigration needs make them a reliable and essential resource.

Frequently Asked Questions

What is the processing time for Form I-130?

The processing time for Form I-130 varies depending on the specific case and the USCIS office handling it. Recent processing times may range from 5 months to as high as 15 months. It is important to check the USCIS website for the most up-to-date information on processing times.

How much is the fee for the I-130 form?

The fee for the I-130 form is $535. This fee must be paid at the time of submission, and it is subject to change. Always confirm the exact amount on the USCIS website before submitting the form.

What supporting documents are needed for parents?

When filing Form I-130 for parents, the following supporting documents are required:

1. Proof of U.S. citizenship (birth certificate, naturalization certificate, certificate of citizenship, or a valid U.S. passport).
2. Proof of the relationship between the U.S. citizen and the alien relative (such as a birth certificate showing the names of both parents).
3. Two passport-style photos of the petitioner and two of the alien relative.
4. Any additional documents or information that may be required based on the specific situation.

What is the step-by-step process to fill out Form I-130?

1. Obtain the Form I-130 and read the instructions carefully to ensure you are eligible to file.
2. Fill out the entire form completely and accurately (either printed legibly or typed).
3. Gather all required supporting documents and evidence to demonstrate the relationship.
4. Pay the $535 filing fee.
5. Sign and date the form.
6. Mail the completed form, payment, and supporting documents to the appropriate USCIS address.
7. Keep the receipt notice from USCIS, and monitor the status of your case online.

What should be included in the I-130 checklist?

The I-130 checklist should include:

1. A completed Form I-130.
2. Payment of the $535 filing fee.
3. Supporting documents demonstrating the relationship (birth certificates, marriage certificates, etc.).
4. Two passport-style photos of the petitioner and two of the alien relative.
5. Any additional documentation or evidence specific to the case.
6. A cover letter listing all included items in the package.

What is the processing time for a spouse I-130 form?

Processing times for spouse I-130 forms can vary widely, depending on the case and USCIS office handling it. As with other I-130 forms, recent processing times may range from 5 months to as high as 15 months. Always check the USCIS website for the most up-to-date information on processing times for spouse cases.

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