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Understanding Form I-130
Getting the I-130 form is the beginning of the immigration journey for many into the United States based on a family relationship with someone who already has legal status in the United States.
However, many things need to be considered before submitting this form, such as deadlines, required supporting documents, and slightly different processes depending on the family relationship. Therefore, understanding the process before you begin is very important. An attorney whose practice areas include handling immigration court proceedings and other immigration issues can help you file a successful petition.
ATT LAW’s team of experienced attorneys has years of experience helping people through the I-130 form. We understand the importance of this form and will work with you to ensure that you have all the information necessary to file it properly.
What Is Form I-130?
Form I-130 is a United States Citizenship and Immigration Services (USCIS) form that citizens and permanent residents of the US must file on behalf of their alien relatives to enter the US and become lawful permanent residents. This form is referred to as a “Petition for Alien Relative,” and one can download and file it online via the USCIS website.
To enter the US based on a relationship with a legal occupant, one must prove such a relationship to the USCIS office. This form enables the petitioner, i.e., the US citizen or legal resident, to prove the said relationship by providing the required information and necessary documents.
After this form is approved, the alien relative can apply for an immigrant visa to enter the US through consular processing or by adjustment of Status via the National Visa Center (NVC).
Functions of the I-130 Form
Primarily, the form serves to establish that a valid family relationship exists between the petitioner and the visa applicant. Not every relative qualifies for a family-based green card. Furthermore, the kind of relationship that would qualify depends on whether the petitioner is a US citizen or a permanent resident.
For example, US citizens can petition for their spouses, minor children, or parents as their immediate relatives for family-based green cards. They can also petition for their married and unmarried sons and daughters above 21 years old and their brothers and sisters if the US citizen is above 21 years old.
However, non-citizens can only apply for their spouses and unmarried children. Therefore, being the parent of a permanent resident is not a qualifying relationship to apply for a green card.
Also, the approval of the form signals a go-ahead for the alien resident to apply for lawful permanent residence in the US if a visa is available in their category. As mentioned earlier, a visa is always available for an immediate relative of a US citizen.
However, other non-immediate relatives of citizens or relatives of green card holders will have to wait to get an immigrant visa number. Visa availability depends on the applicant’s priority date, i.e., the day the I-130 form is approved.
Completing Form I-130
The petitioner must be truthful when filling out the form, as the USCIS will scrutinize all the information. Moreover, the USCIS requires petitioners to fill out the form in black ink only and add ‘N/A’ if something is not applicable.
The form’s first part tries to establish the relationship between the petitioner and the relative, whereas the following two parts are dedicated to the petitioner’s personal information. The required information may include employment history, Social Security numbers, and biological information like descriptions of the physical appearance.
Part four of the form asks for information about the alien relative for whom the petition is made. The next part requires other information about the form filing in general. In part 6 of the form, the petitioner has to fill in their contact information. If the petitioner fills the form with the aid of an interpreter, part 7 requires the interpreter to fill in their information.
Part 8 applies to those who had someone else fill the form on their behalf, e.g., the petitioner’s attorney. Finally, the last section provides additional space in case the ones provided in other parts of the form are not enough to fill in the necessary information.
How to File Form I-130
As a general rule, the petitioner must file their I-130 petition along with supporting documents. Some of the typically required documents include:
- Proof of legal residence in the US, such as a birth certificate or a green card
- Proof of relationship with the concerned alien relative, e.g., birth certificate of the child if the petitioner is their parent or marriage certificate if the petitioner is their spouse
- In the case of an alien fiancé, the petitioner would have to submit some other proof of their pre-existing relationship to show that they are not committing marriage fraud, i.e., trying to get married for the sole purpose of immigration.
- Proof of the green card applicant’s nationality
An immigration lawyer should be able to tell you the exact supporting documents to submit with your petition. If any documents are missing, the USCIS will send you a Request For Evidence (RFE) or deny your petition. You may also need to file additional forms like Form I-130A, Supplemental Information for a Spouse Beneficiary, etc.
You can file the I-130 form online or by mail. To file online, you need to create a USCIS account first. To create an account, you would need to provide your email address and create a password. After that, you will receive a confirmation code in your emails; use it to activate the USCIS online account.
Otherwise, you can mail the form to one of the USCIS filing locations. The appropriate location will depend on where you live and whether you plan to submit the I-130 as a separate form or do a concurrent filing with the Application to Register Permanent Residence or Adjust Status.
How to Check the Status of Form I-130
If you create an account with the U.S.C.I.S., you can track the status and progress of your application online. You can also check with the U.S.C.I.S. online tool. All you need is your case receipt number, which you will get after filing your petition. Then, the system will let you know the progress of your application and if you are required to take any next steps.
How Long Does It Take for I-130 to Be Approved?
The Form I-130 processing time depends on various factors, such as the type of family relationship and the current workload of the USCIS. Generally, it can take six months to a year or even more for the petition to be approved.
To get the most accurate and up-to-date information on I-130 processing times, you should:
- Visit the USCIS website and check the “USCIS Processing Times” page
- Check the service center online tool for processing times specific to your case.
- Contact the USCIS Contact Center for further information.
How Much Is the Fee for I-130 in 2023?
The current filing fee for Form I-130 is $535, but this amount is subject to change. To get the most up-to-date information on filing fees and payment methods, you can visit the USCIS website and select the “Forms” tab. Here, you can find the I-130 form, click on it, and then scroll down to the “Filing Fee” section.
It is essential to submit the correct filing fee amount with your petition; otherwise, the USCIS may reject or return your application. You can pay the fee using a personal check, money order, or credit/debit card if filing online.
How Much Is the Fee for I-130 in 2024?
The filing fee for Form I-130 in 2024 will depend on the fees set by the USCIS and any changes made to these fees. As of now, the current fee for filing Form I-130 is $625 for online filing and $675 for paper filing. However, these fees are subject to change in the future.
To get the most up-to-date information on filing fees and payment methods, you can visit the USCIS website and select the “Forms” tab. Here, you can find the I-130 form, click on it, and then scroll down to the “Filing Fee” section.
It is essential to submit the correct filing fee amount with your petition; otherwise, the USCIS may reject or return your application. You can pay the fee using a personal check, money order, or credit/debit card if filing online.
Why Hire an Attorney?
Hiring an immigration attorney can be very beneficial when filing Form I-130. Here are a few reasons why:
- An attorney can help you determine the correct supporting evidence to submit with your petition
- They can ensure that all forms are properly filled out and filed correctly
- They can represent you in case of any issues or requests for evidence from USCIS
- With an experienced attorney, you have a higher chance of success with your petition.
Although hiring an immigration lawyer is not a requirement for filing Form I-130, it can greatly increase your chances of success and make the process smoother and less stressful. So, it is always advisable to consult with an attorney before submitting your petition.
Get Legal Help Today
Getting an immigrant visa can be complicated, and some requirements may be challenging to meet. Rather than submitting a half-baked petition and risking rejection, an immigration attorney can improve your chances of getting your application approved.
Furthermore, an attorney can help you with any nuances or complications with your case and, if necessary, with immigration court proceedings.
By hiring an experienced immigration lawyer, you can have peace of mind that your application will be as solid and complete as possible. This can significantly improve your chances of success and help you get the green card for your family member without delays or complications.
If you are an American citizen or a green card holder looking to sponsor your spouse or another relative, contact Andrew T. Thomas, a trained immigration attorney in Texas, to help you navigate through the complexities of Form I-130 and other immigrant visa petitions.
With extensive experience and knowledge in immigration law, Andrew T. Thomas can provide you with personalized and efficient legal assistance to help reunite your family in the United States.
Frequently Asked Questions About Form I-130
Can I File Form I-130 for My Same-Sex Spouse?
Yes, as of 2015, same-sex marriages are recognized by the USCIS for immigration purposes. This means that you can file Form I-130 to sponsor your same-sex spouse for a green card.
How Long Should the Marriage Have Lasted Before Filing Form I-130?
There is no specific required period for the marriage to have lasted before filing Form I-130. However, it is essential to provide evidence that your marriage is genuine and not solely for immigration purposes.
Can I Appeal if My Petition Gets Denied?
Yes, you can file an appeal or a motion to reopen or reconsider your case if your Form I-130 is denied. However, it is advisable to consult with an immigration attorney before taking any further legal action.
Can a Green Card Holder File Form I-130 for Their Spouse?
Yes, as long as the green card holder’s status has not expired, they can file Form I-130 for their spouse. However, there may be additional requirements and limitations for green card holders sponsoring spouses compared to U.S. citizens.