For individuals seeking to bring their foreign relatives to the United States, one of the most important forms to fill out is the Immigration Form I-130, Petition for Alien Relative. To begin the process, individuals need to file form I-130 petition for alien relative, which is essential to bring family members to the U.S. as permanent residents.
In this article, we will provide a comprehensive guide to the I-130 form, including its purpose, eligibility requirements, and instructions for filling it out.
Purpose of the I-130 Form
When you file form I-130 petition for alien relative, you establish the familial relationship between the U.S. citizen or lawful permanent resident (LPR), and the foreign national who wishes to immigrate to the United States. The petitioner (the U.S. citizen or LPR) must file the form I-130 on behalf of their relative, known as the beneficiary, who is seeking to obtain a green card to live permanently in the United States.
Eligibility Requirements
However, to file form I-130 petition for alien relative, the petitioner must meet certain eligibility requirements. Can be two different situations; if the petitioner is a U.S. citizen, they may file the form for their spouse, unmarried children under the age of 21, and parents. And if the petitioner is an LPR, they may file the form for their spouse and unmarried children under the age of 21.
Additionally, if the petitioner is an LPR and their spouse or child has subsequently become a U.S. citizen, they may be eligible to upgrade their petition.
How to File Form I-130 Petition for Alien Relative
The I-130 form consists of several sections, each of which must be completed accurately and thoroughly. Once the I-130 form is completed, it must be submitted to U.S. Citizenship and Immigration Services (USCIS) for processing. It is important to pay the filing fee for the form, currently, it is $535.
After the form is received by USCIS, the petitioner will receive a receipt notice, indicating that the form has been received and is being processed, it is important to require this receipt if after three months you do not have it. USCIS will then review the form to ensure that it is complete and accurate. If the form is incomplete or contains errors, USCIS may request additional information or documentation from the petitioner.
After USCIS has reviewed the I-130 form and determined that it is complete and accurate, they will send an approval notice to the petitioner. Again, could be two different options; if the beneficiary is already in the United States, they may then proceed with the next step in the process, which typically involves filing an application for adjustment of status (Form I-485). But, if the beneficiary is outside of the United States, they will need to wait for the approval of the I-130 form before they can apply for an immigrant visa at a U.S. embassy or consulate in their home country.
It is important to remark that the processing times for the I-130 form can differ depending on a number of factors, including the volume of petitions being processed by USCIS, the complexity of the case, and the petitioner’s location. Can be estimated that the average processing time for an I-130 petition is between 5 and 15 months.
Why Working with an Experienced Immigration Attorney is a Must
Navigating the U.S. immigration system can be a daunting process, particularly when it comes to family-based immigration. For this reason, individuals who file form I-130 petition for alien relative often choose to work with an experienced immigration attorney to guide them through the process and assist with other immigration-related matters.
The Immigration Form I-130 is a critical step in the family-based immigration process for those seeking to bring their foreign relatives to the United States. An experienced immigration lawyer can guide you through the process to file form I-130 petition for alien relative, ensuring your documentation is correct and complete. For those who are feeling overwhelmed or unsure about the process, working with an experienced immigration attorney like Attorney Farrah Qazi and her team can provide much-needed guidance and support. With the right resources and assistance, the family-based immigration process can be navigated successfully, allowing families to reunite and build a new life together in the United States. Call us at 630-504-0648 or schedule a consultation with Attorney Farrah today!
Navigating the immigration process to bring a family member to the U.S. through form I-130 is essential for reunification, but if you’ve been waiting a long time, other options may be available. The 245(i) provision can provide an alternative path to adjust your status, even after many years of waiting. If your sibling petitioned for your green card before April 30, 2001, you might qualify under this exception. Learn more in our blog Green Card Through 245(i): A Complete Guide for Sibling Applicants.”
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