Form I-130: Petition for Alien Relative

What is it?

Form I-130, Petition for Alien Relative, is the official document used by U.S. citizens and lawful permanent residents (green card holders) to sponsor eligible family members for immigration to the United States. Filing this petition is the first step in helping a relative obtain lawful permanent residence (a green card). Below is a comprehensive guide covering eligibility requirements, the application process, required documents, and frequently asked questions about Form I-130.

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Eligibility Requirements for Form I-130

To sponsor a family member for a green card, the petitioner must meet the following criteria:

1. Legal Status:

The petitioner must be a U.S. citizen or lawful permanent resident (LPR).

2. Qualifying Relationship:

U.S. citizens can petition for:

• Spouse
• Children (married or unmarried)
• Parents (if the petitioner is 21 or older)
• Siblings (if the petitioner is 21 or older)

Lawful permanent residents can petition for:

• Spouse
• Unmarried children (under or over 21)

3. Proof of Relationship:

The petitioner must provide sufficient documentation to prove a bona fide family relationship, such as marriage certificates, birth certificates, and other supporting evidence.

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Application Process for Form I-130

1. Prepare Form I-130:

• Complete Form I-130 online via the USCIS website or file a paper application.
• If applicable, complete Form I-130A for a spouse.

2. Gather Supporting Documents:

• Proof of U.S. citizenship or permanent residence (passport, birth certificate, naturalization certificate, or green card).
• Evidence of family relationship (marriage certificate, birth certificate, etc.).
• Proof of legal name changes (if applicable).
• Additional evidence for spousal petitions (photos, joint financial documents, affidavits, etc.).

3. Pay the Filing Fee:

• The standard filing fee is $535.
• Payment can be made via check, money order, or credit card if filing online.

4. Submit the Application:

• Send the completed application and supporting documents to the appropriate USCIS filing address.
• If filing online, upload required documents digitally.

5. Receive USCIS Receipt Notice:

• USCIS will send a receipt notice confirming the petition has been received.

6. Wait for Processing and Approval:

• USCIS processing times vary depending on the relationship category and workload. Approval can take several months or even years for certain family categories.

7. Forward to the National Visa Center (NVC) or Adjustment of Status:

• If the relative is outside the U.S., the approved I-130 is sent to the National Visa Center (NVC) for consular processing.
• If the relative is in the U.S., they may be eligible to apply for Adjustment of Status (Form I-485) to get a green card.

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Common Questions About Form I-130

1. How long does it take for an I-130 to be processed?

Processing times vary depending on the family relationship and country of origin. Immediate relatives (spouses, parents, and unmarried children under 21 of U.S. citizens) usually have faster processing times (6-12 months), while preference categories (siblings, married children, etc.) can take several years.

2. Can I file multiple I-130 petitions for different family members?

Yes, U.S. citizens and permanent residents can file separate I-130 petitions for each eligible family member.

3. Can I file an I-130 if my spouse is undocumented?

Yes, but the spouse may need to apply for a waiver (Form I-601A) if they entered the U.S. unlawfully and must leave for consular processing.

4. Does an approved I-130 guarantee a green card?

No, an approved I-130 only establishes the qualifying relationship. The beneficiary must still complete additional steps, such as consular processing or adjustment of status.

5. What happens if my I-130 is denied?

USCIS will provide a denial notice explaining the reasons. You may file an appeal or reapply with stronger evidence.

6. Can I expedite my I-130 processing?

Expedited processing is rare but may be granted for urgent humanitarian reasons, military deployment, or severe hardship.

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Filing Form I-130 is the first step in bringing family members to the U.S. as lawful permanent residents. Understanding eligibility requirements, processing times, and common challenges can help petitioners navigate the process smoothly. If you need assistance, do not hesitate to contact us and we will respond as soon as possible.

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