What is Form I-130?
While there are several methods of legally immigrating to the United States, aliens with relatives who are U.S. citizens or permanent residents (Greencard-Inhaber) Mayonnaiseimmigrate via family. Aliens who intend to immigrate to the United States may require their legal relative to fill out an I-130Petition for foreign relatives. Depending on the legal status of the sponsor, USCIS has different guidelines for definingsuitablerelative. Applicants should refer to the following list before submitting Form I-130. To start the immigration process, applicants can download aCopy of Form I-130.
United States citizens completing Form I-130
- wife
- Unmarried children of all ages.
- Married children of all ages.
- Siblings (if the applicant is over 21 years old)
- Parents (if the applicant is over 21 years old)
Permanent residents filing Form I-130
- wife
- Unmarried children of all ages.
any other relativecan notInclude on Form I-130. Examples are stepson, grandparents, niece, nephew, uncle and aunt. Applications with invalid family relationships will be rejected.
processing times
Processing of Form I-130 is on a first come, first served basis. If an applicant completed and submitted the form first, their form will likely be processed before the others. Once submitted, applicants can use theUSCIS processing timesto estimate the time required to receive a response from the Agency. USCIS generally updates information every 45 days to keep applicants updated with the latest status. For I-130, typical turnaround time is approximately 5 months. To ensure speedy processing, USCIS has divided each form into six groups. Your request will be classified into one of the following groups:
- Completed for permanent residency by husband/wife or child under 21 years of age
- US citizens applying for a spouse, parent, or child under the age of 21
- US citizen applying for an unmarried child over the age of 21
- Permanent residence occupied by only one child or over 21 years of age
- US citizen applying for a married son or daughter over the age of 21
- Petition for foreign relatives
While USCIS tries to keep processing times under 5 months, final processing times can be as long as 15 months. This is often due to initial application issues such as B. Incomplete documentation and an inability to complete the form correctly.
Instructions and processing of Form I-130
Form I-130 consists of eight parts. While applicants must complete each section of the form, they should pay particular attention to the following choices. Failure to comply with these sections will automatically lead to.rejectionalso USCIS.
Part 1 - Relationship
- Applicants must complete the beneficiary relationship
Part 2 - Information about you
- Applicants must provide their name, date of birth, mailing address, and marital status
Part 4 – Beneficiary Information
- Applicants must provide the name, date of birth, physical address, and marital status of the beneficiary
A security deposit is required for each request535 $.
USCIS Review Process
The review process takes about three to four weeks after the application has been submitted. After that, USCIS will carefully review your petition. The request can be divided into two categories:1)immediate family and2)Family Preference The two differ in terms of verification time as well as other aspects. The category of immediate relatives is dealt with much earlier than the category of permanent spouses. Also, the number of visas in the immediate family category is unlimited.
All other family connections are considered a "family preference" category, which generally has a longer processing time. The waiting time can last more than a year. However, there may be circumstances where USCIS will give priority to the amendment. For example, a candidate looking for a partner or a young single person has a great need for theView F-1.
immediate family approval
As noted above, for immediate family members, the application will be prioritized based on USCIS guidelines. Most immediate related petitions will be reviewed and processed within a time limit of5A9Months. If you have completed another form to adjust US status (I-485), the review process would also include review of Form I-485. However, if the applicant is not currently a resident of the United States, USCIS will forward the information to the appropriate country's consulate to complete the verification process.
Immediate relatives represent a specific class of people in the family. These are listed below.
- Unmarried children under the age of 21
- wife
- Parents of US Citizens
Please note that USCIS has not established an annual limit on the number of visas issued for the Immediate Family category.
Family Preference Approval
For the family preference category, the number of immigrant visas is capped annually. Also, the number depends heavily on the date you submitted your petition being calledpriority date. Approval for this category can take years. however, there is one exception.
If the petition under theView F-1, the approval is usually processed within months. Use the priority date assigned to your petition in the visa bulletin on the State Department website to verify.
USCIS processing record
After applicants successfully submit the form, they can expect a response from USCIS within 2-3 weeks. In addition, USCIS will broadcastFormular I-797C, Notification of Action, Confirmation of receipt of the order. If additional documents are required, applicants will receive arequest for proof, which can delay the immigration process. To avoid delays, applicants are encouraged to submit all required documentation with the initial application.
The processing time for Form I-130 may vary depending on the number of USCIS cases at that time. However, a determining factor is the applicant's U.S. citizenship status. If the applicant is a US citizen, the applicant can expect approval within 12 months as there is no limit on green cards issued to immediate family members of US citizens. If the applicant is a permanent resident, they can Applicants can expect approval within 6 months to 6 years. There are a limited number of immigrant visas issued to family members of permanent residents. Because USCIS processes I-130 applications on a first-come, first-served basis, applicants in this category receive apriority dateafter filing Form I-130. For the current turnaround time for I-130, seeOn the USCIS website.
What is the latest edition of Form I-130?
The most recent edition of Form I-130 is the October 2019 version. This form should be used for all new requests for petitions for aliens' dependents.
What documents are required for the Form I-130?
1. Proof of US citizenship or legal permanent residence of the petitioner, e.g. B. A copy of a birth certificate, passport or green card
2. Copy of the beneficiary's birth certificate or other proof of relationship with the applicant
3. If applicable, proof of a legally valid change of name (marriage certificate, divorce decree, court order)
4. If applicable, proof of legal entry into the USA (passport, visa)
5. If applicable, proof of financial support (bank statements, tax returns, payslips)
6. Photos of the petitioner and beneficiary
7. Evidence that the applicant's or beneficiary's previous marriages have been validly terminated (divorce decree, death certificate)
How do I submit Form I-130?
To submit Form I-130, you must complete the form and all supporting documents. After that, you can bring the documents, along with the filing fee, by mail or to the United States Citizenship and Immigration Services (USCIS) office.
If you are submitting your application by post, make sure you send it by registered mail or return receipt. This will ensure it arrives safely and you have proof that it has arrived.
If you wish to apply in person, you can do so at a local USCIS office. To find out where the nearest office is, you can visit the USCIS website.
After you have completed the form, collected all required documents, and paid the filing fee, you are ready to submit your Form I-130. USCIS will review your application and will contact you if it has any questions or needs additional information to process your application.
What are the tips for completing Form I-130?
1. Make sure you have all the necessary documents. You will need your birth certificate, marriage certificate, passport, employment records, and any other document proving the validity of your relationship.
2. Gather all supporting documentation for each person on the form. This includes joint tax returns, joint bank accounts, and other evidence of joint ownership or joint liability.
3. Read Form I-130 carefully, making sure you understand and answer each question honestly.
4. Check all names and dates on the form to ensure they are correct.
5. Complete the form and sign below in the spaces indicated.
6. Submit the form with the appropriate fee to United States Citizenship and Immigration Services (USCIS).
7. Keep copies of all documents submitted and a copy of the form for your records.
Are there any special instructions for the Form I-130?
Yes, there are specific instructions for Form I-130, Petition for Alien Relative.
1. Make sure you have all the necessary documents. You will need the following documents: a copy of the U.S. citizen's passport or other government-issued photo ID, proof of the U.S. citizenship of the U.S. citizen, documents proving the relationship between the U.S. citizen and the foreign relative, and proof of any name changes.
2. Fill out the form carefully. Be sure to read and follow all instructions, fill out all sections, and sign and date the form in black ink.
3. Submit the form, along with the required documents and fees, to the appropriate USCIS Lockbox or USCIS Service Center.
4. Wait for USCIS to send you an acknowledgment of receipt of your petition. This confirmation contains instructions on how to check the status of your petition online or by phone.
5. If your loved one is abroad, please provide them with a copy of the receipt so that they can start the visa process immediately after deciding on their application.
6. USCIS may contact you for an interview or to obtain additional documents or evidence related to your petition. If this occurs, respond immediately and follow all USCIS instructions.
What is the fee for the Form I-130?
The Form I-130 fee is $535. It is paid to United States Citizenship and Immigration Services (USCIS) when filing a petition on behalf of a foreign relative. This fee is non-refundable even if the application is denied.
Can I apply for a fee waiver or reduction on the I-130 form?
Yes, you can apply for a fee waiver or reduction on the Form I-130. The I-130 is an immigration form used to request family members to immigrate to the United States. To be eligible for a fee waiver or reduction, you must demonstrate that you are unable to pay the fee due to financial hardship. You must prove your hardship, e.g. B. a recent payslip, a letter from your employer or a bank statement. If the fee waiver or reduction is approved, you may file a Form I-130 at no or reduced cost.
What is the processing time for Form I-130?
The processing time for Form I-130 applications depends on the nature of the case, the location of processing, and the workload of US Citizenship and Immigration Services (USCIS). Generally, it can take anywhere from 6 months to 2 years for USCIS to process an I-130 petition. However, the processing time can vary significantly depending on the circumstances.
You can check the current processing times for your specific case on the USCIS website. If you have submitted a case and it has been pending longer than the estimated processing time, you can call the USCIS customer service number to check the status of your claim.
Form I-130 Frequently Asked Questions
1. What is the purpose of Form I-130?
Form I-130 is the form used by US citizens and lawful permanent residents to request immigration of certain family members to the United States.
2. Who can fill out Form I-130?
Form I-130 may be completed by a US citizen or lawful permanent resident (green card holder) who is at least 18 years old to apply for immigration of certain family members to the United States.
3. What is the cost of filing a Form I-130?
The filing fee for Form I-130 is $535, plus an additional $85 biometric fee, if applicable.
4. How long does it take to process a Form I-130 petition?
Generally, it takes 8 to 12 months to process a Form I-130 petition. However, processing times may vary depending on the local USCIS office handling your case.
5. Are there any special requirements for filing a Form I-130?
Yes, there are certain requirements that must be met in order to successfully submit a Form I-130 petition. This includes proving the petitioner's U.S. citizenship or permanent resident status, proving paternity, providing evidence of financial support, and submitting all necessary documents and forms required by USCIS.