1. What is Form I-130 and who should file it?
Form I-130 is known as the Petition for Alien Relative, which is used by a U.S. citizen or a lawful permanent resident (LPR) to establish the relationship between them and their foreign national relative who wishes to immigrate to the United States. This form effectively starts the process for family-based immigration by demonstrating the familial connection between the petitioner and the beneficiary. Only certain individuals are eligible to file the Form I-130:
1. U.S. citizens can file the Form I-130 to petition for their spouses, parents, children (including married and unmarried), and siblings.
2. Lawful permanent residents can file the Form I-130 to petition for their spouses and unmarried children.
2. What are the eligibility requirements for filing Form I-130?
The eligibility requirements for filing Form I-130 – Petition for Alien Relative include:
1. Relationship: The petitioner must be a U.S. citizen or lawful permanent resident (LPR) and must prove their relationship with the beneficiary. Eligible relationships can include spouses, parents, children, and siblings.
2. Eligible Relatives: The form can be filed for spouses, unmarried children under 21 years of age, unmarried sons and daughters over 21, married sons and daughters of any age, and brothers and sisters if the petitioner is a U.S. citizen.
3. Financial Support: The petitioner must demonstrate the ability to financially support the beneficiary. If the petitioner cannot meet the financial requirements alone, a joint sponsor may be needed.
4. Legal Status: The petitioner must be legally residing in the U.S. to file Form I-130. For U.S. citizens living abroad, consular processing may be required.
5. Good Faith Marriage: If filing for a spouse, the petitioner must provide evidence of a bona fide marriage.
6. Criminal History: Petitioners with certain criminal convictions may be ineligible to sponsor a relative.
Meeting these eligibility requirements is crucial to successfully filing Form I-130 and initiating the process of bringing a relative to the United States. It is advisable to consult with an immigration attorney or seek guidance from reliable sources to ensure all requirements are met accurately.
3. What documents are needed to submit with Form I-130?
When submitting Form I-130, Petition for Alien Relative, certain documents are required to support the petition. Some of the key documents that need to be submitted include:
1. Proof of petitioner’s U.S. citizenship or lawful permanent resident status: This can be shown through a copy of the petitioner’s U.S. passport, birth certificate, naturalization certificate, or green card.
2. Proof of relationship between the petitioner and the beneficiary: This may include birth certificates, marriage certificates, adoption decrees, or other relevant documents to establish the familial relationship.
3. Passport-style photographs of the petitioner and beneficiary: These photos must meet the requirements set by U.S. Citizenship and Immigration Services (USCIS).
4. Filing fee: The current fee for filing Form I-130 must be included with the petition unless a fee waiver applies.
Other documents may also be required based on the specific circumstances of the case, such as prior marriage certificates, divorce decrees, or affidavits to establish the validity of the relationship. It is essential to carefully review the instructions provided by USCIS and ensure that all necessary documents are included with the Form I-130 petition to avoid delays or potential rejection.
4. How do I prove the relationship between the petitioner and the beneficiary?
Proving the relationship between the petitioner and the beneficiary is a crucial aspect of the Form I-130 petition process to demonstrate the familial connection between the two parties. There are several types of evidence that can be submitted to establish the relationship:
1. Official Documents: Birth certificates, marriage certificates, adoption decrees, and other official records that directly show the familial relationship between the petitioner and the beneficiary are essential pieces of evidence.
2. Photographs: Providing photographs of the petitioner and beneficiary together at family events or gatherings can help support the claim of a genuine relationship.
3. Affidavits: Sworn statements from family members, friends, or other individuals who can attest to the bona fide nature of the relationship can also be submitted as evidence.
4. Communication Records: Emails, letters, phone records, or any other forms of communication between the petitioner and beneficiary can further demonstrate the ongoing relationship and level of interaction between them.
By gathering and submitting a combination of these types of evidence, petitioners can effectively prove the relationship between themselves and the beneficiary in support of their Form I-130 petition.
5. Can a lawful permanent resident file Form I-130 for a family member?
Yes, a lawful permanent resident can file Form I-130, Petition for Alien Relative, for a family member. Here’s what you need to know about this process:
1. Eligible Relationships: As a lawful permanent resident, you can petition for your spouse and unmarried children of any age. However, you cannot petition for your parents, siblings, or married children.
2. Priority Date: When a lawful permanent resident files Form I-130 for a family member, the petition establishes a priority date based on the filing date. This priority date is significant because it determines when the beneficiary can apply for a green card.
3. Waiting Period: Due to numerical limitations on family-sponsored visas for lawful permanent residents, there may be a significant waiting period before the family member can apply for a green card. The actual time frame can vary depending on the visa category and the beneficiary’s country of origin.
4. Upgrading to Immediate Relative: If you become a U.S. citizen while the Form I-130 petition is pending, you can upgrade the petition to the immediate relative category, which usually results in a shorter waiting period for your family member to obtain a green card.
5. Consult an Immigration Attorney: Given the complexities of U.S. immigration law and the specific circumstances of each case, it’s advisable to consult with an experienced immigration attorney when filing Form I-130 for a family member as a lawful permanent resident. They can provide guidance on the process, help you navigate any challenges, and ensure that your petition is properly prepared to increase the chances of approval.
6. Can I file Form I-130 for a same-sex spouse?
Yes, you can file Form I-130 for a same-sex spouse. Following the landmark Supreme Court ruling of United States v. Windsor in 2013, same-sex marriages are recognized for immigration purposes in the United States. Here are some key points to consider when filing Form I-130 for a same-sex spouse:
1. Eligibility: As long as the marriage is legally recognized in the jurisdiction where it took place, same-sex couples are eligible to file Form I-130 just like opposite-sex couples.
2. Documentation: You will need to provide the same documentation required for any marriage-based green card application, including proof of the genuine nature of the relationship. This may include marriage certificates, joint financial documents, photos together, etc.
3. Procedures: The process for filing Form I-130 for a same-sex spouse is the same as for opposite-sex couples. You will need to submit the form along with the required evidence and fees to USCIS.
4. Interview: Depending on the specifics of your case, you may be required to attend an interview with USCIS to further establish the validity of your marriage.
5. Green Card: If the petition is approved, your same-sex spouse may be eligible to apply for a green card and eventually adjust their status to become a lawful permanent resident of the United States.
It is essential to consult an immigration attorney or expert to ensure that your Form I-130 application for your same-sex spouse is correctly filed and to navigate any potential complexities that may arise during the process.
7. Are there any special considerations for filing Form I-130 for a stepchild?
Yes, there are special considerations for filing Form I-130 for a stepchild. Here are some key points to keep in mind:
1. Relationship Requirement: To file Form I-130 for a stepchild, the marriage between the U.S. citizen or lawful permanent resident petitioner and the stepchild’s biological parent must have taken place before the stepchild turned 18 years old.
2. Proof of Relationship: It’s important to provide evidence of the stepchild’s relationship to both the U.S. citizen or lawful permanent resident petitioner and the biological parent. This can include the stepchild’s birth certificate, marriage certificate of the petitioner and biological parent, and any relevant legal documents.
3. Legal Custody: If the U.S. citizen or lawful permanent resident petitioner is not the biological parent of the stepchild, they may need to show that they have legal custody or guardianship of the child in order to file Form I-130.
4. Consent of the Other Parent: If the other biological parent of the stepchild is still alive, their consent may be required for the Form I-130 petition to be approved. This can vary depending on the circumstances and the laws of the country where the child resides.
5. Additional Documentation: In some cases, additional documentation or evidence may be required to establish the stepchild’s eligibility for immigration benefits. It’s important to consult with an immigration attorney or expert to ensure that all necessary documents are included with the Form I-130 petition.
Overall, filing Form I-130 for a stepchild involves specific requirements and considerations that differ from petitions for other relatives. It’s crucial to understand these nuances and adhere to the guidelines set by the U.S. Citizenship and Immigration Services (USCIS) to increase the chances of a successful outcome.
8. What is the filing fee for Form I-130?
The filing fee for Form I-130, Petition for Alien Relative, as of the most recent update in 2021, is $535. This fee is required to be submitted along with the petition when filing with U.S. Citizenship and Immigration Services (USCIS). It is crucial to ensure that the correct fee is paid to avoid processing delays or rejection of the petition. In some cases, additional fees might apply based on specific circumstances, such as biometric services fees for certain beneficiaries. It is essential to check the USCIS website or consult with an immigration attorney for the most up-to-date information regarding fees and payment methods when preparing to file Form I-130.
9. How long does it usually take for Form I-130 to be approved?
The processing time for Form I-130, Petition for Alien Relative, can vary depending on various factors such as the volume of applications received, the relationship between the petitioner and the beneficiary, and the USCIS office where the petition is filed. However, as of the time of this response, the average processing time for Form I-130 ranges anywhere from 7 to 15 months from the date of submission. It is important to note that these processing times are subject to change and may vary based on individual circumstances. Applicants can check the USCIS website for the most up-to-date processing times for Form I-130 petitions.
10. What happens after Form I-130 is approved?
1. Once Form I-130 is approved, the petitioning relative becomes the sponsor for the beneficiary (the foreign national seeking immigration to the U.S.). The approved Form I-130 establishes a familial relationship between the sponsor and the beneficiary for immigration purposes.
2. The next step after Form I-130 approval depends on whether the beneficiary is already in the U.S. or residing outside the country. If the beneficiary is in the U.S. and eligible to adjust status, they can submit Form I-485 to apply for lawful permanent resident status (a green card).
3. If the beneficiary is outside the U.S., the approved Form I-130 is forwarded to the National Visa Center (NVC), which will process the immigrant visa application. The beneficiary will then attend an immigrant visa interview at the U.S. consulate or embassy in their home country.
4. It’s important to note that Form I-130 approval does not automatically grant the beneficiary lawful permanent resident status. Additional steps, such as submitting further documentation and attending interviews, are typically required before the beneficiary can obtain their green card and become a lawful permanent resident of the U.S.
11. Can the beneficiary work in the U.S. while the Form I-130 is pending?
1. The beneficiary of a Form I-130 petition cannot work in the U.S. while the petition is pending unless they have obtained a valid work authorization through another immigration application or program, such as a separate employment-based visa. The Form I-130 is specifically for sponsoring a family member for permanent residency, and it does not provide the beneficiary with work authorization on its own.
2. It’s important for individuals to understand the limitations of their immigration status and ensure they are in compliance with U.S. laws and regulations regarding employment. Working without the proper authorization can have serious consequences, including jeopardizing the beneficiary’s ability to obtain lawful permanent residency in the future.
3. If the beneficiary wishes to work in the U.S. while the Form I-130 is pending, they should explore other options for obtaining work authorization, such as applying for an employment-based visa or seeking other forms of legal authorization to work in the U.S.
12. Can the beneficiary visit the U.S. while the Form I-130 is pending?
1. Yes, the beneficiary can visit the U.S. while the Form I-130 is pending, as long as they comply with the requirements for their particular visa category and maintain their nonimmigrant status if they are in the U.S. on a nonimmigrant visa. It is important to note that visiting the U.S. while the Form I-130 is pending does not grant the beneficiary any legal status or benefits associated with the petition.
2. If the beneficiary is in the U.S. on a nonimmigrant visa, such as a tourist visa, they must adhere to the terms and conditions of their visa and should not engage in any activities that are prohibited under that visa category. Additionally, they should be prepared to prove the temporary nature of their visit and their intent to return to their home country.
3. If the beneficiary is applying for a visa to visit the U.S., they should be honest about the fact that they have a pending Form I-130 petition for immigration purposes. This information should be disclosed during the visa application process to avoid potential complications or allegations of misrepresentation.
4. It is advisable for the beneficiary to consult with an immigration attorney or seek guidance from the U.S. Citizenship and Immigration Services (USCIS) if they have any concerns or questions about traveling to the U.S. while the Form I-130 is pending. By ensuring compliance with immigration regulations and maintaining open communication with the appropriate authorities, the beneficiary can navigate the immigration process with greater ease and minimize any potential risks.
13. Can I appeal a denial of Form I-130?
Yes, you can appeal a denial of Form I-130. If your Form I-130 is denied by U.S. Citizenship and Immigration Services (USCIS), you have the right to appeal the decision to the USCIS Administrative Appeals Office (AAO). To appeal the denial, you must file Form I-290B, Notice of Appeal or Motion, within 33 days of receiving the denial notice along with the required fee. It is important to thoroughly review the denial notice to understand the reasons for the denial and provide evidence or arguments to address the deficiencies in your petition. Additionally, seeking assistance from an immigration attorney experienced in appeals can greatly improve your chances of success in overturning the denial of your Form I-130.
14. Can I withdraw a Form I-130 petition after it has been filed?
Yes, you can withdraw a Form I-130 petition after it has been filed. Here’s how you can do it:
1. Submit a Written Request: You can submit a written request to the USCIS office where the petition was filed to withdraw the Form I-130 petition. Include all relevant details such as the names of the petitioner and beneficiary, the receipt number of the petition, and the reason for the withdrawal.
2. Obtain Confirmation: It is important to obtain confirmation from the USCIS once the withdrawal request has been processed. This will ensure that the petition is officially withdrawn and is no longer being processed.
3. Notify All Parties Involved: Inform all relevant parties, including the beneficiary if applicable, about the decision to withdraw the Form I-130 petition. This will help avoid any confusion or misunderstandings regarding the status of the petition.
4. Consult an Immigration Attorney: If you are unsure about the process of withdrawing the petition or need assistance with the documentation, it is advisable to consult an immigration attorney who can guide you through the process and ensure that all necessary steps are taken.
By following these steps, you can successfully withdraw a Form I-130 petition after it has been filed.
15. Can I update my address or contact information while Form I-130 is pending?
Yes, you can update your address or contact information while Form I-130 is pending. Here’s what you need to do:
1. Inform USCIS: You should notify the USCIS of your new address or contact information as soon as possible to ensure that all correspondence regarding your petition reaches you in a timely manner. You can update your address by submitting Form AR-11, Alien’s Change of Address Card, online or by mail.
2. Update your Petition: If your address or contact information changes after submitting Form I-130, you can update this information by sending a written notification to the USCIS. Include your name, receipt number, old address, new address, and signature in the letter.
3. Stay Updated: Make sure to keep track of any updates or requests from USCIS regarding your Form I-130 petition, as missing important notifications can delay the processing of your petition.
By promptly updating your address or contact information with USCIS, you can ensure that you stay informed about the status of your Form I-130 petition and any related communications.
16. Can I file Form I-130 for a relative who is already in the U.S.?
Yes, you can file Form I-130 for a relative who is already in the U.S. The Form I-130, Petition for Alien Relative, is used by U.S. citizens or lawful permanent residents to establish the relationship between themselves and a family member who wishes to immigrate to the United States. If your relative is already in the U.S., you can still submit the Form I-130 on their behalf to begin the process of obtaining a green card for them. However, it’s important to note that filing Form I-130 alone does not grant any legal status or authorization to work in the U.S. for your relative. Additional steps and forms may be required depending on the specific circumstances and immigration category under which your relative may be eligible to adjust their status while in the U.S.
1. If your relative is in the U.S. under a different visa category, they may be able to adjust their status to that of a lawful permanent resident after the Form I-130 is approved.
2. If your relative entered the U.S. without inspection or under certain other circumstances, they may need to explore other options for obtaining lawful permanent resident status.
3. Consult with an immigration attorney or accredited representative for personalized advice on the best course of action based on your relative’s specific situation and immigration goals.
17. What happens if the petitioner dies while the Form I-130 is pending?
1. If the petitioner dies while the Form I-130 is pending, it can complicate the immigration process for the beneficiary.
2. In such a situation, the Form I-130 petition becomes automatically revoked upon the petitioner’s death.
3. However, there are certain provisions that may allow the beneficiary to still pursue the immigration process.
4. If the beneficiary is a widow(er) of the deceased petitioner, they may be able to convert the petition into a Form I-360, a self-petition for widows and widowers of U.S. citizens.
5. If the beneficiary is an immediate relative (spouse, parent, or unmarried child under 21) of the deceased petitioner, they may be eligible for humanitarian reinstatement of the Form I-130 petition.
6. In cases where humanitarian reinstatement is sought, the beneficiary must demonstrate that there are compelling reasons to reinstate the petition despite the petitioner’s death.
7. It is important for the beneficiary to consult with an immigration attorney to explore their options and navigate the complex process in such circumstances.
18. Can I file Form I-130 if I am in the U.S. on a nonimmigrant visa?
1. Yes, you can file Form I-130, Petition for Alien Relative, while you are in the United States on a nonimmigrant visa. This form is used by U.S. citizens and lawful permanent residents to establish a qualifying relationship with a foreign national relative who wishes to immigrate to the United States.
2. As the petitioner, being in the U.S. on a nonimmigrant visa does not disqualify you from submitting Form I-130 for your eligible family member. However, it’s important to note that submitting the petition does not grant any immigration status or benefits to the foreign national relative.
3. If the beneficiary is already in the United States on a nonimmigrant visa and a separate immigration process is needed, such as adjustment of status, they may need to pursue that process once the Form I-130 is approved. Additionally, the specific circumstances of your case can impact the overall process, so it is recommended to consult with an immigration attorney or seek guidance from U.S. Citizenship and Immigration Services (USCIS) for personalized advice.
19. Can I file Form I-130 for a sibling?
No, you cannot file Form I-130 for a sibling. The Form I-130, Petition for Alien Relative, is used to establish a qualifying family relationship between a U.S. citizen or lawful permanent resident petitioner and the foreign national relative seeking to immigrate to the United States. The form is typically used to petition for spouses, parents, children, and siblings falls under a different category of family-based immigration petitions. Currently, siblings are not eligible for sponsorship through Form I-130. However, there are different visa categories and immigration pathways available for siblings of U.S. citizens, but the process and requirements differ significantly from filing a Form I-130 petition. It’s recommended to consult with an immigration attorney or check the official USCIS website for the most up-to-date information on sponsoring a sibling for immigration to the United States.
20. Can Form I-130 be filed concurrently with other immigration petitions?
Yes, Form I-130 can be filed concurrently with other immigration petitions in certain situations. Here are some scenarios where you may be able to file Form I-130 concurrently with other petitions:
1. Spouse Petition (Form I-130) and Adjustment of Status (Form I-485): If the beneficiary is already in the United States and is eligible to adjust their status to a lawful permanent resident, you can file Form I-130 along with the Form I-485 application.
2. Relative Petition (Form I-130) and K-3/K-4 Visa Petition (Form I-129F): In some cases, if the beneficiary is the spouse of a U.S. citizen, you can file both the Form I-130 and the K-3/K-4 visa petition concurrently to facilitate a quicker reunion with the family member in the U.S.
3. Relative Petition (Form I-130) and Consular Processing: If the beneficiary is residing outside the United States, you can file Form I-130 along with the application for an immigrant visa at a U.S. consulate abroad.
It is important to evaluate the specific circumstances of your case and consult with an immigration attorney to determine whether concurrent filing is appropriate and beneficial in your situation.