What Is Form I-130? Petition for Alien Relative

The family-based green card category is a commonly leveraged immigration pathway to obtain lawful permanent resident status. However, there are multiple complex processes associated with obtaining a family-based green card, including petitions and applications. Individuals initiating the application process may have heard about the Petition for Alien Relative and are likely wondering, “What is Form I-130?”.

By understanding the meaning and significance of Form I-130, individuals going through the family-based immigration process can be assured that they or their loved ones are eligible to start their journey of becoming lawful permanent residents.

What Is Form I-130?

Form I-130, Petition for Alien Relative, is used to show the existence of a close family relationship between a foreign relative beneficiary and a lawful permanent resident or US citizen petitioner. Upon approval of this petition, the beneficiary can submit an application to adjust their status or receive an immigrant visa. Submission of Form I-130 marks the beginning of the complex process of receiving a family-based green card.

Eligibility for Filing Form I-130

Determining who can file Form I-130 is dependent on the type of familiar relationship and whether the petitioner is a US citizen or lawful permanent resident. Lawful permanent residents are able to file a Form I-130 for their unmarried children and spouses. US citizens can file a Form I-130 for their siblings, children, parents, and spouses.

Before filing Form I-130, it is critical for applicants to confirm that they have a qualifying relationship with the petitioner. The petitioner will need to acquire accurate documentation to prove they are a lawful permanent resident or US citizen and that a valid relationship exists between them and the beneficiary.

Completing and Submitting Form I-130

When filling out Form I-130, it is critical to ensure all provided information about the beneficiary and petitioner is accurate and complete. Furthermore, whether the beneficiary will pursue their green card through consular processing or an Adjustment of Status should be carefully determined. A skilled Riverside immigration lawyer can assure your application is adequately filled out, avoiding errors or gaps in the application that could lead to unnecessary delays or rejections.

Supporting documents required include evidence of lawful permanent residence or US citizenship, which may be the petitioner’s green card, naturalization certificate, or birth certificate. Further required documents may include the birth certificate of the beneficiary. Spousal petitions will need to show further documentation that proves their relationship is valid, such as photos, messaging history, and statements showing joint financial ventures.

The form must be submitted with associated filing fees, which can be paid by credit card if the applicant uses Form G-1450, Authorization for Credit Card Transactions. Filing fees can also be paid with a cashier’s check, money order, or personal check. Form I-130 can be filed online. For applicants filing by mail, it is important to ensure that the form is sent to the rate USCIS lockbox facility. Upon successful submission, a receipt notice from USCIS will be delivered.

Tips for Filing Form I-130

If you need to change something about your application after submission, such as the method of processing, you will need to directly get in touch with the USCIS contact center or follow specific directions outlined by the agency. It’s important to note that if the beneficiary is already located in the US and a visa number is available, Form I-130 and Form I-485 can be conveniently filed together.

To avoid unnecessary rejection or delays, it is pertinent to fully complete each section of the form, ensuring no errors are present in the application. Furthermore, it is critical to make sure all supporting documentation is included with the application. By hiring an experienced immigration lawyer, you can have confidence that a strong and error-free application will be submitted.

FAQs

Q: What Is the I-130 Form Used for?

A: Form I-130, Petition for Alien Relative, is used to establish a close family relationship between a foreign national who wishes to become a lawful permanent resident and a US lawful permanent resident or citizen. Successfully filing and getting this form approved is the first step in the process of obtaining a family-based green card. An experienced immigration lawyer can help you understand the significance of this form in your immigration process.

Q: What Happens After Form I-130 Is Approved?

A: After Form I-130 is approved, the subsequent processes vary depending on whether the applicant is already located in the United States or if they are abroad. If the beneficiary is in the US, they can use the approved petition to apply for Adjustment of Status to get their green card.

If they are located outside of the US, their application will be sent to the National Visa Center, where a visa number will be assigned to the case and then sent to the relevant US embassy or consulate.

Q: How Long Does the I-130 Process Take?

A: The time it takes to process Form I-130 varies depending on factors such as the current number of cases being processed by USCIS and the relationship the beneficiary has with the US citizen or lawful permanent resident sponsor. It’s important to note that other family preference categories generally have longer wait times than immediate relatives of US citizens.

Q: Does I-130 Require an Interview?

A: There is typically no interview required to get Form I-130 approved. However, after the petition has been approved and the green card application process has progressed forward, an interview will likely be scheduled by USCIS. These interviews are held to ensure the validity of a green card application. An experienced lawyer can help you adequately prepare for such interviews, as well as accompany you to ensure your rights and interests are protected.

Begin Your Family-Based Green Card Application Process

Initiating the family-based green card application process can be an exciting time for any family. However, the lengthy and complex process can also come with stress and fear. A skilled immigration lawyer from U.S. Law Center can assist with streamlining the application process, helping ensure that documents such as Form I-130 are accurately filled out and submitted. Contact us today to successfully launch your family-based green card application.