Are There Benefits to Filing Form I-130 Online?

U.S. citizens and lawful permanent residents (LPRs) may use form I-130 (Petition for Alien Relative) to assist eligible relatives wishing to reside permanently in the United States in acquiring a green card. After filing an immigrant visa petition, you will become a petitioner or sponsor of your loved one.

Form I-130 will not give your relative immigration status until the U.S. Citizenship and Immigration Services (USCIS) has approved your petition. However, for USCIS to approve your petition, you must show that you have a relationship with the immediate relative who is a beneficiary.

LPRs may only petition for their unmarried child or spouse, while U.S. citizens may petition for their married and unmarried children, spouses, brothers, sisters, and parents. Once approved, your family member can apply for an immigrant visa immediately. To become a legal permanent resident, immediate relatives already in the U.S. must file Form I-485, Application to Register Permanent Residence or Adjust Status. Adjustment of status will allow your loved ones to remain in the U.S. until USCIS approves your petition.

What Happens After Filing Form I-130 Online?

Form I-130 can be filed through the main or online by registering for an account on the USCIS website, submitting all supporting documents, and responding to evidence requests. Nevertheless, although this may be more convenient, it does not affect the processing time for your submission, which may take over a year.

What Documents Are Required for Filing Form I-130?

Evidence of U.S. citizenship, lawful permanent residence, or U.S. national status, including birth certificates, citizenship certificates, unexpired passports, or a copy of a permanent president card.
Evidence of family relationship with a spouse, child, parent, sister, or brother. This includes a copy of your marriage certificate and beneficiaries’ birth certificates.
Evidence that the marriage between you and your spouse is authentic. In this case, you can provide proof of joint ownership or joint tenancy of the property and affidavits from third parties who have knowledge of your marriage ceremony.
A Proof of change of legal name (if required).
Two passport-style photographs (if applicable).
Evidence of adoption decree (if the child is adopted).
Evidence of legal custody of the adopted child for two years; and
Evidence of joint residence with the adopted child for two years

Is the USCIS Electronic Immigration System Faster?

Once you complete online filing, your application will still go through the lengthy government review process as it usually would if done through the mail. In addition, the USCIS will backdate I-130 applications filed via mail to the date it was received, which may push your online petition down the line.

You will need to provide the necessary documents online as requested by the USCIS. For example, immigrant visa petitions to bring a spouse to the USA should include a marriage certificate as evidence while filing online. Other documents that may be required include your child’s birth certificate or the legal paperwork for an adopted child.

The USCIS will send a rejection, transfer, appointment, or receipt to a petitioner through Form I-797C, Notice of Action. Form I-797C provides essential information regarding your petition, which you should address because a failure to do so may delay your application. Form I-797C does not grant any specific immigration benefits and only serves as a receipt that you have requested a benefit.

What Is the Benefit of a USCIS Online Account?

The primary reason to get a USCIS online account is to enable you to complete the filing process online and to monitor or track your case online anytime from anywhere using a phone, tablet, or computer.

By filing online, you can avoid common mistakes, such as submitting your form without a signature or failing to include some parts of the completed pages of Form I-130. In addition, you can save your draft application and finish it later at your convenience. Payment for your filing fee is also secure and easy. However, it is not possible to file Form I-130 online if you are seeking a fee waiver or have a special request. You must instead file a hardcopy Form I-130 via mail.

You will immediately receive confirmation that the USCIS has received your petition instead of waiting for the mail. Further, the USCIS may schedule your biometric appointment sooner. After filing, you can also use your account to:

Access your case history
Respond to requests for evidence
Access every notice of action that has been sent to you
Send messages to USCIS offices.

The National Visa Center may contact your family members who live abroad if they have further requests regarding the petition.

There are many steps involved, and mistakes can be costly. The attorneys at Andrew T. Thomas, Attorneys at Law, will be able to manage your case for you, ensuring an easy process from start to finish.

What Is the Time Frame for Processing Form I-130?

The time frame for processing your I-130 petition will depend on the location you are applying from and your relationship with the beneficiary. For instance, 80% of cases filed by a permanent resident for a spouse or a child under 21 at the Texas Service Center are completed within 20 months. However, for unmarried children, it currently takes 32 months.

U.S. citizens filing for a spouse, parent, or child under 21 typically have their cases completed within 11.5 months. However, the current processing time for their married and unmarried children is 32 months. You may request an expedited processing time by contacting the USCIS Service Center.

Can the USCIS Reject Your I-130 Petition?

The USCIS may reject your application for various reasons, most of which could have been avoided by strictly following a form I-130 and the adjustment of status checklist. United States citizens or LPRs who have filed a petition online may also receive the written notice by mail. The rejection notice usually communicates what to do if you believe the USCIS has made a mistake. It could be as simple as submitting missing information or follow-up documentation.

The USCIS may reject your petition for the following reasons:

You failed to provide more information as was requested on the documentation list.
You failed to establish a relationship between you and your immediate relative (e.g., birth certificate, marriage certificate, certificate of adoption, etc.)
You did not pay the appropriate filing fee when filing your petition.
You failed to provide sufficient proof of permanent residency or U. S. citizenship.
You sent your form I-130 to the wrong mailing address.

USCIS will nevertheless request you to fix the issue before denying your visa. If your form I-130 is rejected, you may file an appeal for the USCIS green card.

Why Should You Contact Us for Assistance?

Although USCIS denies many applications yearly, yours does not have to be one of them. Our attorneys at Andrew T. Thomas, Attorneys at Law, can assist you in ensuring that your petition for loved ones doesn’t get rejected. Call us today to schedule a free consultation.