How to File for an I-130 Petition?

Referred to as Form I-130, Petition for Alien Relative or I-130 Petition, is the necessary process to obtain a family-based permanent residence in the United States.

This document is proof that a marriage is legally valid, that is, it isn’t based on fraud.

You must fill out the I-130 petition to get your “priority date,” which represents your place in line for an available Green Card.

Your place in line is specified by the date that USCIS received your I-130 petition, that is, petitions are processed in the order they are filed.

How to File for an I-130 Petition?

If you are a U.S. citizen, you can file Form I-130 for your eligible relatives.

This includes your spouse, your children, and your parents. If you are a permanent resident, you can petition for your spouse and any children under the age of 21.

You can also file Form I-130 for your stepchild if the relationship is from before the child is younger than 18.

The I-130 petition must be filed with some documents to prove that the sponsor has a valid family relationship with the individual seeking a Green Card, and usually include:

• Proof that the sponsor is a U.S. citizen or Green Card holder;
• Proof that a legally valid relationship exists;
• Proof that the relationship is not fraudulent;
• Proof of name changes for the sponsor and/or the individual seeking a green card; (if applicable)
• Proof of nationality of the individual seeking a green card;

You can file Form I-130 either online or via mail. To file online, you must register an account with USCIS.

You can submit Form I-130 online even if your relative is already in the United States and wishes to submit their Form I-485 by mail. You can also file Form I-130 by mail.

If you file Form I-130 correctly, through Petition for Alien Relative, USCIS will probably respond by mailing you confirming receipt of your petition.

Form I-797C is called Notice of Action, it’s simply a “form” of communication to confirm the receipt notice and you will receive it in 2 to 3 weeks after filing.

Make sure you fill out all sections of the form and sign it, to avoid USCIS rejecting it.

How Long it Takes I-130 to Get Approved?

Processing times for Form I-130 currently vary between 4 and 50 months, it depends on the family degree relationship and where is located USCIS office.

Immigration law determines immediate relatives as the spouse, unmarried children (under age 21), and parents of a U.S. citizen.

Keep in mind that just immediate relatives are given priority and there is no numerical limit on immigrant visas for them.

For this reason, the wait time is shorter, in that, USCIS will begin reviewing immediate relative petitions as soon as possible.

Most Form I-130 petitions for immediate relatives are approved within 5 to 9-month.

This is a group of immigrants with unlimited visa numbers. All other family relationships are considered family preference categories and will take longer to approve.

Immigrant visa numbers are not unlimited for people in the family preference category.

For limited categories, the availability of immigrant visa numbers depends on the date your petition was filed. This is called your priority date.

For this reason, even if USCIS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately, that is, it can take a number of years before the priority date is current.

In this case, keep in mind USCIS processes the I-130 petition on a first-come, first-served basis.

So, we recommend you get on this wait list early to establish a priority date, as soon as possible.

In resume, after filing Form I-130 the approval process can take anywhere from 5 to 12 months for immediate relatives and could take a number of years for family preference categories.

Can I Stay in US While I-130 Petition is Pending?

If your relative or employer just started the process for you, by filing a petition (Form I-130), that’s not enough, in that, a pending or approved petition from a U.S. sponsor confer you any right to come to or remain in the United States.

How much does the I-130 Petition cost?

The government fee for an I-130 petition is $535.

To learn more about immigration services read our blog or contact us to get more information!

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