1. What is an I-130 Petition for Alien Relative?

An I-130 Petition for Alien Relative is a form used by a United States Citizen or lawful permanent resident to petition for an immigrant visa for a relative living outside of the United States. The petition is sometimes referred to as a family-based immigration petition. It is the first step in the process of obtaining a green card or lawful permanent residence for a family member.

2. Who can file an I-130 petition?

An I-130 petition can be filed by a U.S. citizen or a lawful permanent resident (LPR) who is a relative of the foreign-born person they are trying to bring to the U.S.

3. How do you prepare and file an I-130 petition?

To prepare an I-130 petition, you need to complete the following steps:

1. Gather the required documents: You must provide documents to prove the relationship between you and the beneficiary, such as a marriage certificate or proof of birth.

2. Complete Form I-130: This form requires information about both you and your beneficiary, including name, date and place of birth, address, and other identifying information.

3. Submit the petition: Once you complete the form and gather all necessary documents, you can submit your petition either electronically or by mail.

4. Pay the filing fee: The filing fee for an I-130 petition is $535.

5. Wait for a decision: USCIS will review your petition and make a decision within 6 months. If approved, you will receive a Form I-797 Notice of Action that will allow your beneficiary to apply for a visa.

4. How long does the I-130 petition process take?

Processing times for the I-130 petition vary and can take anywhere from 6 to 12 months, depending on the U.S. Citizenship and Immigration Services (USCIS) workload and the individual’s particular case.

5. Are there any filing fees associated with an I-130 petition?

Yes, there are filing fees associated with an I-130 petition. The filing fee for Form I-130 is $535. This fee must be paid in U.S. dollars or the equivalent in the local currency.

6. What evidence do I need to include with my I-130 petition?

When filing an I-130 petition, evidence of the petitioner’s U.S. citizenship or permanent residency status is typically required. Additionally, evidence of the familial relationship to the beneficiary should be included. This could include birth certificates, marriage certificates, and/or adoption records. Other evidence that could be included are photos and other documentation that shows the petitioner and the beneficiary have maintained a close relationship.

7. What happens after I submit my I-130 petition?

After you submit your I-130 petition, it will be sent to the United States Citizenship and Immigration Services (USCIS) for review. The USCIS will then review your petition and contact you if they require additional information or documentation. Once your petition is approved, it will be forwarded to the appropriate U.S. consulate or embassy in the beneficiary’s country of origin for an immigrant visa interview. The immigrant visa interview is typically the last step in the I-130 process.

8. What forms of payment are accepted for an I-130 petition?

The U.S. Citizenship and Immigration Services (USCIS) accepts payment for I-130 petitions by credit or debit card, check, money order, or cashier’s check.

9. What is the difference between a “direct filing” and a “third-party filing” for an I-130 petition?

A direct filing of an I-130 petition is when the U.S. citizen or lawful permanent resident submits the application on behalf of their immediate relative. A third-party filing is when someone other than the relative’s legal sponsor files the application. For example, an attorney may file an I-130 petition on behalf of the immediate relative of a U.S. citizen or lawful permanent resident.

10. What is the adjustment of status process?

Adjustment of status is the process by which an individual who is already in the United States (generally as a nonimmigrant) can change his or her immigration status to that of a lawful permanent resident. The adjustment of status process is different for each immigration category, but generally requires the individual to file an application with U.S. Citizenship and Immigration Services (USCIS), attend an interview at a local USCIS office, and provide evidence of their eligibility for lawful permanent residence.

11. When can an immigrant submit an Application to Register Permanent Residence or Adjust Status (Form I-485) after filing Form I-130?

An immigrant can submit an Application to Register Permanent Residence or Adjust Status (Form I-485) after the Form I-130 has been approved, and the immigrant has been notified that an immigrant visa number is available.

12. How does an immigrant receive notification that their application has been approved or denied?

Immigrants typically receive notification that their application has been approved or denied through mail or email from the relevant immigration office they applied to.

13. What is the difference between a permanent resident and a green card holder?

A permanent resident is an individual who was granted legal permission to reside in the U.S. indefinitely – they are not citizens and must renew their status every 10 years. A green card holder is a permanent resident who holds a U.S. Permanent Resident Card, also known as a Green Card, which provides proof of their status and allows them to live and work in the U.S. permanently.

14. What are the eligibility requirements for a relative to become a U.S. citizen through the I-130 process?

In order to become a U.S. citizen through the I-130 process, the applicant must:
1. Be an immediate relative of a U.S. citizen or a current permanent resident.
2. Be at least 18 years of age.
3. Have a valid passport or other travel documents from their home country, if applicable.
4. Have a valid birth certificate or other proof of identity.
5. Pass the background check by USCIS and any other agency involved in the process.
6. Provide proof of income or assets that are sufficient to support themselves in the U.S.
7. Demonstrate moral character and good conduct.
8. Possess basic knowledge of English and U.S. history/government (civics).
9. Pass the medical examination required by U.S law, if applicable
10. Pay all necessary application fees and related costs associated with the I-130 process

15. How long does it take for the USCIS to process a green card application after filing Form I-130?

The processing time for a Form I-130 varies depending on the individual situation. Generally, processing times range from 6-12 months. Additionally, processing times may be longer depending on the current workload of the USCIS and the complexity of the individual case.

16. Can an individual who is already in the U.S. file an I-130 petition on their own behalf while they are in the U.S.?

No, an individual cannot file an I-130 petition on their own behalf while they are in the U.S. An I-130 petition can only be filed by a U.S. citizen or lawful permanent resident—the petitioner—on behalf of a foreign national—the beneficiary.

17. How long will it take for USCIS to make a decision about my relative’s application?

The length of time it takes for USCIS to make a decision on a relative’s application can vary depending on the type of application and the local office processing the application. Generally, the processing time can range from a few months to several years.

18. Is it possible to check the status of the application online?

Yes, many companies offer an online service to check the status of applications.

19. Can a family member be brought to the U.S. before their green card is approved if certain conditions are met?

Yes, it is possible to bring a family member to the U.S. before their green card is approved. This process is called an Advance Parole and can be used by individuals who are in the process of applying for a green card. In order to qualify, the applicant must have already filed the application for adjustment of status, which is the process for obtaining a green card. The applicant must also demonstrate that there is a compelling reason for them to travel outside of the U.S. during the green card application process, such as a medical emergency or family emergency. In addition, the applicant must be able to demonstrate that they intend to return to the U.S. after their temporary absence and resume their green card application process.

20. What documents are needed for a consular interview if my family member has been approved for a green card but needs to be interviewed by the U.S consulate overseas?

The documents needed for a consular interview may vary based on the individual’s situation. Generally, the individual will need to bring originals and photocopies of the following documents:

1. Form DS-260 (immigrant visa application)
2. Valid passport
3. Two passport-style photographs
4. Birth certificate
5. Marriage certificate (if applicable)
6. Divorce decree or death certificate (if applicable)
7. Police certificates from all countries in which the individual has resided after the age of 16
8. Military records (if applicable)
9. Documentation regarding any U.S. travel or stays in the U.S., if applicable
10. Evidence of financial ability to support themselves in the U.S. (such as tax returns, bank statements, etc.)
11. Evidence of family relationships, such as marriage and birth certificates or court documents, if applicable
12. Any other documents requested by the consulate