I-130 Family Based Petition
Everything You Need to Know About Form I-130
Article Contents:
Everything You Need to Know About Form I-130
If you're considering sponsoring a family member for a Green Card, Form I-130, also known as the Petition for Alien Relative, is your starting point. This article will provide the essential elements of the I-130 form, such as the processing time, fees, and procedure to expect once you've received your approval.
What is the I-130 Petition for Alien Relative?
Form 130, The United States Citizenship and Immigration Services (USCIS) receives I-130 as a petition to establish a qualifying relationship between the petitioner, a U.S. citizen or lawful permanent resident, and the beneficiary, a foreign relative seeking immigration benefits. This form is the first step in bringing your relative to the United States and starting the green card process.
Importance of the Form in Family-Based Immigration
Form I-130 is a vital part of the family-based immigration system. It forms the foundation of most family-sponsored immigration cases, ensuring that close relatives can legally reunite in the U.S. The approval of this form does not grant immediate immigration benefits but serves as the starting point for the green card process.
Importancia del Formulario en la inmigración basada en la familia
Form I-130 is a vital part of the family-based immigration system. It forms the foundation of most family-sponsored immigration cases, ensuring that close relatives can legally reunite in the U.S. The approval of this form does not grant immediate immigration benefits but serves as the starting point for the green card process.
Note: Form I-130 does not grant any immigration status by itself, but once approved, it allows your relative to apply for a green card through either adjustment of status (if they are in the U.S.) or consular processing (if they are outside the U.S.).
Eligibility Criteria for Filing Form I-130
Before you can file an i130, it is essential to understand who qualifies as a sponsor and which relatives are eligible for sponsorship. U.S. citizens can petition for more categories of relatives compared to lawful permanent residents (LPRs).
Who Can File Form I-130?
U.S. citizens can file Form I-130 for:
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Spouse
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Unmarried Children ( under 21 years old)
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Unmarried Sons and Daughters ( over 21 years old)
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Married Sons and Daughters
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Brothers and Sisters (must be 21 years old or older)
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Parents (must be 21 years old or older)
Lawful Permanent Residents:
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Spouse
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Unmarried Children (under 21 years old)
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Unmarried Sons and Daughters (over 21 years old)
Important Considerations
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If filing for a spouse, Form I-130A must be completed, signed, and submitted with Form I-130, but if the spouse is overseas, no signature is needed.
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No visa category exists for married children of lawful permanent residents. Petitions will be revoked if the child marries before immigrating.
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U.S. nationals have the same rights as lawful permanent residents to petition for family. There is no need to list an A-number on the petition.
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No separate petitions are required for the spouse or unmarried children under 21 of the beneficiary; list them as derivative beneficiaries.
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Derivative beneficiaries can apply for an immigrant visa along with the primary beneficiary.
NOTE:
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If the petitioner has been involved in certain crimes, particularly those involving domestic violence or child abuse, their ability to sponsor a relative may be limited.
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For military families, there may be expedited processing options.
Who Cannot File Form I-130?
While Form I-130 is often used to sponsor family members for U.S. immigration, several specific relationships do not qualify. Even if a familial bond exists, the following relatives cannot be sponsored using Form i130:
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Grandparents, grandchildren, nephews, nieces, uncles, aunts, cousins, and parents-in-law are not eligible, regardless of your citizenship or green card status.
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Adoptive parents or children cannot be petitioned if the adoption occurred after the child’s 16th birthday. U.S. immigration law only recognizes adoptions completed before this age for sponsorship.
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Biological parents are ineligible if you become a U.S. citizen or permanent resident through adoption. In such cases, your biological parents no longer qualify for immigration benefits.
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Stepparents and stepchildren cannot be sponsored if the step relationship was formed after the child turned 18. The marriage must have occurred before the child’s 18th birthday.
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Spouses may be ineligible under certain conditions:
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If you and your spouse were not physically present at your wedding ceremony (unless consummated afterward).
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If you gained a green card through a prior marriage and are now petitioning for a new spouse unless you are a naturalized citizen or have held your green card for at least five years.
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If the marriage took place while your spouse was in immigration court proceedings.
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If USCIS determines the marriage was for immigration purposes only, it will be denied, potentially leading to severe penalties.
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What Documents Do I Need To Submit With I-130?
Required Documents for Form I-130
Understanding the required documents for I-130 is crucial for a successful application.
Essential I-130 Supporting Documentsenciales para el I-130
When filing your I-130 petition, you must include supporting documents to prove your eligibility and the validity of your family relationship. Here's a detailed I-130 checklist for 2024:
1. Proof of U.S. Citizenship or Lawful Permanent Resident Status
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U.S. passport, naturalization certificate, or green card
2. Evidence of Valid Family Relationship
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Marriage certificates, birth certificates, or adoption papers
3. Proof of Genuine Relationship
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Joint bank statements, lease agreements, or photographs together
4. Name Change Documentation (if applicable)
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Court orders or marriage certificates showing name changes
5. Proof of Beneficiary's Nationality
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Valid passport or birth certificate
Options for missing evidence for i-130
If you still need documents for I-130, don't panic. Here's what you can do:
1. Request a Letter from Authorities: If a primary document like a birth certificate is unavailable, obtain a letter from the relevant government agency stating its unavailability.
2. Provide Secondary Evidence: Submit alternative documents that prove the same information. For example:
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Baptismal records
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School records
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Census records
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Affidavits from relatives
Remember, submitting an incomplete I-130 petition may result in:
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A Request for Evidence (RFE) from USCIS delaying your application
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Potential denial of your petition
Tips for a Successful I-130 Application
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Start Early: Gather all required documents well in advance.
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Use the Latest I-130 Checklist: Requirements may change, so always refer to the most recent USCIS guidelines.
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Seek Professional Help: Consider using immigration services to ensure your application is complete and accurate.
​Following this guide and ensuring you have all the required documents for I-130 will increase your chances of a smooth and successful petition process.
TIP: Remember, thorough preparation is critical when dealing with I-130 supporting documents. Take your time, double-check everything, and don't hesitate to seek assistance if needed.
Where to file I-130?
Filling Form I130
Uscis offers two methods for filing Form I-130: online filing or via mail.
How to file form i130 online?
An account must first be created to file Form I-130 online with USCIS. Once established, this account allows for several conveniences - tracking case status updates, uploading documents as required and viewing all case-related correspondence. You may file Form I-130 even if your relative already resides in the U.S. but plans on submitting their Form I-485 (Application to Adjust Status) via mail.
Where do I mail my form i-130?
When filing by mail within the U.S., it is crucial that your petition reaches its intended location, depending on your state of residence and whether your relative also submits Form I-485. Your petition should typically be delivered to one of the three USCIS Lockbox facilities in Dallas, Chicago or Phoenix before being forwarded to one of five service centers for processing.
Note!
If you live outside the U.S., filing can be completed online or mailed to the USCIS Dallas Lockbox. Filing may also be available at an American Embassy or Consulate near your residence in certain exceptional circumstances.
Tip: Make sure that all sections of the form have been completed and signed; failing this, USCIS could reject it.
I-130 Instructions
When completing Form I-130, follow these I-130 instructions closely. Here are the key steps:
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Download the Form: Obtain the I-130 form and its instructions. To download the form, click here.
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Complete the Form: Provide accurate and thorough information about the petitioner and the beneficiary.
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Gather Supporting Documents: This may include proof of citizenship, evidence of the relationship, and any required identification.
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Submit the Form: Mail your completed form and payment to the appropriate USCIS address.
Form I-130 Filing Fees
As of September 2024, the general filing fee for Form I-130 is $675 when submitted by paper and i130 fee of $625 if filed online, while petitions filed on behalf of Afghan nationals with an immediately available immigrant visa are free of charge through September 30, 2024.
USCIS Processing Times for I-130 in 2024
The time it takes to process Form I-130 depends on the relationship between the petitioner and the beneficiary and the USCIS service center processing the form.
Form I-130 Processing Times for 2024
For those living abroad, the processing time for Form I-130 is anticipated to range from 11.4 to 15 months. If you are residing within the U.S., expect a longer wait of approximately 10 to 23 months.
Processing Times for Immediate Relatives of U.S. Green Card Holders
If you are living abroad, processing for Form I-130 generally takes between 29 and 40 months. For individuals already in the U.S., the Form I-485 Adjustment of Status can take about 29 to 40 months as well.
How to expedite I 130 Processing?
While there are several strategies to expedite the processing of your I-130 petition, results are not guaranteed. To minimize delays, ensure that your I-130 form is complete and error-free when initially submitted.
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Here are a few steps to possibly speed up your I-130 petition:
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File an Expedite Request with USCIS: If you have a compelling reason, request expedited processing.
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Contact Your Congressional Representative: Sometimes, involving your representative can help move things along.
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Monitor Your Petition: Regularly check the status of your petition online or contact USCIS for updates.
You can check your case's status and the USCIS processing times for I-130 petitions on the USCIS website or go to the USCIS Processing Times page. Tracking the USCIS I-130 processing times for the specific service center handling your case is essential, as they vary significantly.
Key Tip:
Even if you haven't filed a petition, you can use the USCIS Case Processing Time tool to estimate how long your immigration case may take.
Important consideration:
What Affects Processing Times?
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Service Center: Different USCIS service centers have varying workloads and processing speeds.
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Completeness of Application: Submitting a well-prepared petition can help avoid delays.
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Additional Evidence Requests: If USCIS needs more information, processing times may be extended.
I -130 Denied What Next?
If your Form I-130 is denied, you will receive a detailed explanation from USCIS outlining the reasons for the denial. This is provided in Form I-797 (Notice of Action), which will be mailed to you. There are many potential reasons for a denial, including missing documents, incomplete information, or insufficient proof of the relationship.
Why Would I 130 Be Denied?
I-130 denial reasons can be such as:
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Lack of sufficient documentation proving the family relationship.
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Incomplete or incorrect information on the form.
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Suspected fraudulent relationships, especially in spousal petitions.
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Failure to provide required additional evidence after issuing a Request for Evidence (RFE).
How To Check The Status Of I-130 Petition?
When you file an immigration petition or application with U.S. Citizenship and Immigration Services (USCIS), staying updated on your case status is essential. Here's how to quickly check your case status using various methods, whether in the U.S. or abroad.
USCIS provides an online case status tool that allows you to track your immigration case status in real time. Here's how to use it:
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Visit the USCIS Case Status Online Tool:
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Go to the USCIS Case Status page.
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Enter Your Receipt Number:
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You will need your 13-character receipt number (found on the Form I-797C, Notice of Action). This number is typically three letters followed by ten numbers (e.g., ABC1234567890).
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Click “Check Status”:
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After entering your receipt number, click "Check Status" to see the latest updates on your immigration case.
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Review Your Case Update:
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The page will display your case’s current status, such as "Case Was Received," "Request for Evidence Sent," or "Case Was Approved."
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Note: If your case is outside the expected processing times or you haven't received a notice, you can use the USCIS Case Inquiry tool.
What Happens After Filing Form I-130?
Once USCIS approves your I-130 petition, the following steps vary based on whether the beneficiary is an immediate relative or in a family preference category:
For Immediate Relatives (Spouses, Parents, Children under 21)
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If your relative is in the U.S., they can file Form I-485 (Application to Adjust Status) to get a green card. This process is typically faster and can be done concurrently with the I-130.
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If your relative is outside the U.S., the case will be sent to the National Visa Center (NVC) for consular processing, and they will apply for an immigrant visa.
For Family Preference Categories
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If your relative is in a family preference category (e.g., siblings, married children), they must wait for a visa to become available. This can take years, depending on their priority date and the country they are from.
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Once a visa becomes available, the case will move to the NVC for consular processing or allow the beneficiary to apply for a green card if they are in the U.S.
Tips for a Successful Form I-130 Application
Here are some tips to improve your chances of approval:
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Organising Documents and Evidence:
Ensure all your documents are organised and easy to read. Include clear copies of essential papers and label them where possible. For example, if filing for a spouse, submit joint bank account statements, rental agreements, and photos from various life events.
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Double-Checking Information Before Submission
Before submitting, double-check the accuracy of all information, including names, dates, and addresses. Make sure your signature is in the correct place and you've included all required supporting documents.
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Hiring an Immigration Attorney (if needed)
If your case is complicated—such as when a past immigration violation or criminal record is involved—it may be worth hiring an immigration attorney to help you navigate the process.
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Responding Promptly to RFEs
If USCIS issues a Request for Evidence (RFE), respond quickly. Delaying your response could prolong the overall processing time of your case.
Frequently Asked Questions (FAQs)
Q1. Can I file Form I-130 from outside the U.S.?
If you're a U.S. citizen, you can file Form I-130 from outside the U.S. at an international USCIS office or a U.S. embassy/consulate in certain situations.
Q2. How can I expedite the Form I-130 process?
Expediting can be requested in cases of military deployment, medical emergencies, or urgent humanitarian reasons.
Q3. What happens if my relative moves after I file Form I-130?
You must notify USCIS of the address change for both the petitioner and the beneficiary to avoid delays.
Q4. Can Form I-130 be transferred to a different USCIS office?
In some cases, USCIS can transfer petitions to different service centers, particularly for faster processing.
Q5. Can I petition for a relative with a criminal record?
Yes, but the specific nature of the crime and the individual's rehabilitation will be considered.
Q6. What happens if my I-130 gets lost in the mail?
Always use certified mail or tracking to avoid such issues when filing a paper form.
Q7. What is the I-130 Form PDF?
The I-130 form PDF containing the official petition and instructions for filing is available on the USCIS website.