I-130 Family Petition: Steps, Evidence, and Fees

The I-130 Family Petition is a crucial process through which a U.S. citizen or legal permanent resident can apply for permanent residence (Green Card) for certain foreign family members. This form, officially known as the "Petition for Alien Relative," is submitted to the United States Citizenship and Immigration Services (USCIS). In this detailed guide, we explain the essential requirements and considerations to successfully complete the I-130 Family Petition.

1. Petitioner Eligibility

U.S. Citizen:

• Can petition for their spouse, children (unmarried and married), parents, and siblings.

• Children must be under 21 years old to be considered "children" and not "adult children."

Legal Permanent Resident (LPR):

• Can petition for their spouse and unmarried children (under 21 and over 21).

2. Required Documentation

For the Petitioner:

• Proof of U.S. citizenship (birth certificate, valid U.S. passport, naturalization or citizenship certificate).

• Proof of legal permanent residency, if applicable (Green Card).

For the Beneficiary:

• Proof of family relationship with the petitioner (marriage certificate, birth certificate, adoption documents, etc.).

• Proof of identity (passport or other official identification document).

3. Evidence of Family Relationship

Documentary evidence varies depending on the type of relationship:

Spouse:

• Valid marriage certificate.

• Proof of any prior divorces, annulments, or deaths of previous spouses.

• Additional evidence to prove that the marriage is genuine and not to evade immigration laws (photos together, joint bank accounts, rental contracts, etc.).

Children:

• Child’s birth certificate showing the names of the parents.

• If an adopted child, evidence of legal adoption.

• For stepchildren, the marriage certificate between the petitioner and the child’s biological parent, and evidence that the marriage occurred before the child turned 18.

Parents:

• Petitioner’s birth certificate showing the names of the parents.

• If applicable, parents' marriage certificate.

• Proof of any name changes if the names on the documents do not match.

Siblings:

• Birth certificates of both the petitioner and the sibling, showing at least one common parent.

• Proof of any name changes if the names on the documents do not match.

4. Form and Fees

• Form I-130: Must be completed and signed by the petitioner.

• Filing Fee: As of 2023, the standard fee for filing Form I-130 is $535. This fee is subject to change, so it’s important to verify the current fee on the official USCIS website.

5. Submitting the Form

Form I-130 and all supporting documentation must be sent to the appropriate USCIS address. The address varies depending on the petitioner’s state of residence and the type of mail service used (regular, express, etc.). It is crucial to review specific instructions on the USCIS website or the form instructions.

6. Review Process and Processing Times

Once submitted, USCIS will review the petition and may request additional information or evidence. Processing times can vary significantly depending on USCIS workload and the specific relationship of the beneficiary to the petitioner. It is possible to check the status of the petition online through the USCIS website.

Conclusion

The I-130 Family Petition is a fundamental step to reunite families under U.S. immigration law. It is essential that petitioners and beneficiaries understand and comply with all documentary and legal requirements to ensure a smooth and successful process. For specific assistance, it is recommended to consult with an immigration attorney or a USCIS-authorized representative.