Understanding Form I-130: Petition for Alien Relative and Family-Based Immigration

Who Can File Form I-130?

U.S. citizens and lawful permanent residents can file Form I-130 to sponsor close family members, including:

  • Spouses
  • Parents
  • Children (biological, adopted, or stepchildren under certain conditions)
  • Siblings (for U.S. citizens)

Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) are not subject to visa wait times, while other relatives may need to wait for an immigrant visa to become available before proceeding with their application.

How long does it take for I-130 to be approved?

As of November 2024, the average processing time for Form I-130 is approximately 11 months. The filing fee is $625 for online submissions and $675 for paper submissions.

USCIS processing times for Form I-130 can vary based on the relationship and current backlog. Immediate relatives may have shorter wait times, while others could face longer delays, especially if their case requires consular processing outside the U.S.

Adjustment of Status (AOS) and the I-130 Petition

If the beneficiary of an approved I-130 petition is already in the United States, they may be eligible to apply for a Green Card through Adjustment of Status (AOS). This process allows the beneficiary to remain in the U.S. while applying for lawful permanent residency without the need to return to their home country.

Key Steps for AOS After I-130 Approval:

  1. Determine Eligibility:

    • Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) can apply for AOS as soon as the I-130 is approved, as visa numbers are always available for this category.
    • For other relatives, a visa number must be available before filing Form I-485 (Application to Adjust Status).

  2. Concurrent Filing:

    • In some cases, the I-130 petition and Form I-485 can be filed simultaneously, which may expedite the process. This is primarily available to immediate relatives of U.S. citizens.

  3. Supporting Documentation: Applicants must include:

    • A copy of the I-130 approval notice (if already approved).
    • Evidence of lawful entry into the U.S. (e.g., I-94 form).
    • Proof of the bona fide relationship between the petitioner and the beneficiary.
    • Medical examination results (Form I-693).
    • Proof of financial support via Form I-864 (Affidavit of Support).

  4. Filing Fees: The AOS process involves additional fees for Form I-485, biometrics, and medical exams.

  5. Processing Time: AOS processing typically takes 8-14 months after filing Form I-485, depending on USCIS workloads and local field office schedules.

AOS vs. Consular Processing:

Beneficiaries outside the United States will go through Consular Processing, where they apply for an immigrant visa at a U.S. embassy or consulate in their home country. AOS is exclusively for those already lawfully present in the U.S.

If you’re considering AOS, ensure your I-130 petition is accurate and complete, as errors or missing documents can delay both the I-130 approval and subsequent AOS filing. If your I-130 is denied, you may still have options, such as appealing through the Administrative Appeals Office (AAO) or re-filing with additional documentation to address the denial reasons.

Key Documents for Filing Form I-130

To successfully file Form I-130, the petitioner must provide:

  • Proof of U.S. citizenship or permanent resident status (e.g., passport, birth certificate, or green card).
  • Documentation proving the family relationship, such as marriage certificates, birth certificates, or adoption records.
  • Certified translations of any documents not originally in English.

If certain documents are unavailable, secondary evidence, such as religious or school records, may be accepted. Providing all necessary documents upfront helps avoid delays.

How to File Form I-130 and Important Considerations

Filing Form I-130 is a crucial step in sponsoring a relative for a Green Card. Here's how you can file the form and key details to keep in mind:

Payment Methods

You can pay the filing fee using a check or credit card. If paying by credit card, you’ll need to include Form G-1450 (Authorization for Credit Card Transactions) with your application.

Separate Forms for Each Family Member

If you’re sponsoring more than one relative, you must file a separate Form I-130 for each family member.

Filing Methods

You can file Form I-130 in one of two ways:

  1. Online Filing:

    • Create an online account with USCIS.
    • Form I-130 can be submitted online even if the beneficiary (your relative) is in the United States and plans to file Form I-485 (Adjustment of Status) by mail.
    • In some situations, Form I-130 and Form I-485 can be filed concurrently for faster processing.

  2. Filing by Mail:

    • If you choose to file by mail, ensure that you send the petition to the correct USCIS address based on your location and the filing instructions provided.

Special Circumstances

Filing for a Relative in Removal Proceedings: Yes, you can file Form I-130 on behalf of your spouse or relative even if they are currently in removal proceedings. Consult with an immigration attorney for guidance on this process.

Living Abroad: U.S. citizens and lawful permanent residents (LPRs) can file Form I-130 while living abroad. Filing procedures may vary based on local embassy or consulate rules, so check with the nearest U.S. Embassy or consulate for details.

Appealing a Denied Form I-130 Petition

If your Form I-130 petition is denied and you believe the decision was made in error, you may have the option to appeal. The appeal process involves the Administrative Appeals Office (AAO), which reviews cases independently.

Timeline for Filing an Appeal

You must file your appeal within 30 days of the date the denial notice was sent, not the date you received it. It is important to act quickly to avoid missing this deadline.

Steps to File an Appeal

  1. Review the Denial Notice:

    • Carefully read the denial notice to understand the reasons for the decision. This information will guide your appeal.

  2. File Form I-290B:

    • To begin the appeal process, you must complete and submit Form I-290B, Notice of Appeal or Motion, along with the required filing fee.
    • Include a detailed explanation and supporting evidence that addresses the reasons for the denial.

  3. Submit Supporting Documents:

    • Provide additional documentation or evidence that was missing or insufficient in your original I-130 submission.

  4. Follow Instructions:

    • Ensure that your appeal is properly filed according to USCIS instructions. Incorrect filing can result in delays or rejection of your appeal.

What Happens Next?

Once your appeal is submitted, the AAO will review the case and make a determination. If the AAO overturns the denial, your I-130 petition will proceed as if it were approved initially. If the denial is upheld, you may need to explore other options, such as re-filing the petition or seeking legal assistance.

Filing an appeal can be complex, so consider consulting an immigration attorney to strengthen your case and ensure the process is handled correctly.

Get a certified translation