What is Form I-130?
Form I-130, officially known as the “Petition for Alien Relative,” is a form issued by the United States Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security (DHS). This form is used by U.S. citizens and lawful permanent residents (green card holders) to petition for certain eligible family members to come and live in the United States as lawful permanent residents.
The primary purpose of Form I-130 is to establish the qualifying family relationship between the U.S. citizen or green card holder (the petitioner) and the foreign national relative (the beneficiary). The form is typically used to petition for spouses, parents, children, and siblings. It is an essential part of the family-based immigration process.
Here are some key points to understand about Form I-130:
- Sponsorship: The U.S. citizen or green card holder who is a close family member of the beneficiary sponsors the foreign relative by filing this form. The petitioner is often referred to as the “sponsor.”
- Eligible Relationships: The form can be used to petition for spouses, unmarried children under 21 years old, unmarried sons and daughters over 21 years old, married sons and daughters of any age, and siblings (if the petitioner is a U.S. citizen). The specific eligibility criteria can vary depending on the petitioner’s status and the beneficiary’s relationship.
- Dual Purpose: Form I-130 serves a dual purpose. It establishes the qualifying family relationship and, once approved, allows the beneficiary to apply for an immigrant visa or adjustment of status to become a lawful permanent resident in the United States.
- Supporting Documentation: Along with the completed Form I-130, the petitioner must provide evidence of their relationship with the beneficiary. This may include birth certificates, marriage certificates, divorce decrees, and other relevant documents.
- Filing Fees: There is a filing fee associated with Form I-130, and it may be subject to change over time. USCIS also provides fee waivers in certain circumstances.
- Processing Times: Processing times for Form I-130 can vary, and it may take several months or more to receive a decision.
What To Do After Form I-130 is Approved?
After USCIS approves Form I-130, the process of obtaining lawful permanent resident status for the beneficiary (the foreign national relative) continues. The steps to follow can vary depending on whether the beneficiary is inside or outside the United States and their specific family-based immigration category. Here are the general steps to take after Form I-130 is approved:
Visa Processing (if Beneficiary is outside the U.S.):
- If the beneficiary is outside the United States, they will need to complete visa processing through the U.S. Department of State’s National Visa Center (NVC) or a U.S. embassy or consulate in their home country.
- The NVC will send instructions for paying visa fees, submitting required documents, and scheduling a visa interview.
- The beneficiary will attend the visa interview at the U.S. embassy or consulate, where they will be asked questions about their eligibility and admissibility to the United States.
- If approved, the beneficiary will receive an immigrant visa in their passport, allowing them to enter the United States as a lawful permanent resident.
Adjustment of Status (If Beneficiary is inside the U.S.):
- If the beneficiary is already in the United States and eligible to adjust status to lawful permanent resident, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
- Along with Form I-485, the beneficiary will typically need to file Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document (Advance Parole), if they wish to work or travel while their adjustment of status application is pending.
- USCIS will schedule the beneficiary for a biometrics appointment (fingerprinting), and they may be called for an interview.
- If the adjustment of status application is approved, the beneficiary will receive a green card, which serves as proof of their lawful permanent resident status.
Consular Processing vs. Adjustment of Status:
- The choice between consular processing (for beneficiaries outside the U.S.) and adjustment of status (for beneficiaries inside the U.S.) depends on the individual circumstances and eligibility of the beneficiary. Consult with an immigration attorney to determine the most appropriate path.
Medical Examination and Affidavit of Support:
- In both consular processing and adjustment of status cases, the beneficiary will typically need to undergo a medical examination by an approved panel physician and have a sponsor (the petitioner) submit an Affidavit of Support (Form I-864) to demonstrate financial support.
Keep USCIS Informed:
- Throughout the process, it’s important to keep USCIS informed of any changes in contact information or circumstances. Failure to do so may result in delays or complications.
