Petition for Alien Relative: Help With Form I-130

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The Petition for Alien Relative, on USCIS Form I-130, must be filed with U.S. Citizenship and Immigration Services (USCIS) as the first step for an alien who wishes to immigrate to the United States as the relative of a U.S. citizen or a lawful permanent resident (green card holder). The form is filed not by the prospective immigrant, but by the U.S.-based family member.

For example, if a U.S. citizen wished to have his parents immigrate from another country, he would start the process by filiing an I-130 on their behalf, and thus become what's called their "petitioner".

The petition is mainly meant to prove the family relationship that makes the foreign-born person eligible for immigration. So in the example above, the U.S. citizen son would include a copy of his birth certificate with the I-130 petition (showing his and his parents' names) and a copy of his passport showing that he's a U.S. citizen.

Because the visa petition is only the start of the process, its approval by USCIS does not give the intending immigrant any right to enter the United States, nor any guarantee that a green card will ultimately be approved.

For some immigrants, namely immediate relatives of U.S. citizens, the process will be relatively quick after the I-130 is approved. (In fact, a few lucky immediate relative immigrants already in the U.S. don't have to wait for I-130 approval to file their adjustment of status (AOS) application, but can file the I-130 and their AOS application concurrently.)

But for others, namely prospective immigrants in "preference" categories, the process will be slowed down by annual limits on the number of visas available in their category. They might wait years between approval of their I-130 and being allowed to go forward with their application for lawful permanent residence. Brothers and sisters of U.S. citizens typically wait the longest, upwards of 20 years.

See: Family-based visas and green cards.

Where to Get Form I-130

Like all immigration forms, this one is available for free download at the USCIS website at www.uscis.gov. Click the Forms tab, then scroll down to the correct form number.

Tips for Filling Out and Filing the I-130 Petition

Here are some important things to know about preparing and submitting Form I-130:

  • The form runs in two columns, with the left column devoted to information about the petitioner, and the right column devoted to information about the intending immigrant. Although the petitioner fills is out and signs it, the immigrant should look at a copy and supply the needed information.
  • Not all family members of a U.S. citizen or lawful permanent resident are eligible to have a visa petition filed on their behalf. It can be used only for a U.S. citizen's parents, spouse, children (whether married or unmarried), and siblings; or a lawful permanent resident's spouse and unmarried children. There is no immigrant visa category for married children of lawful permanent residents -- a common source of disappointment if the children don't realize this, and they get married after approval of the I-130 only to later have their green card application denied.
  • Send only copies of documents, not originals. If you send originals, you're likely never to get them back.
  • If you cannot obtain a document you need, you may substitute other documentation such as school records or affidavits. Check the USCIS instructions for details, and see "How to Prepare and Send Immigration Applications" for articles on gathering or creating substitute documentation.
  • Documents that are not in English need to be accompanied by a complete, word-for-word translation. It's okay to have a friend do this, but the person should write at the bottom that they certify that this is a complete and accurate translation, and sign their name.
  • Married couples need to provide more documentation than most, including proof of their marital union such as joint leases, bank accounts, and children's birth certificates.
  • All stand-alone Form I-130 petitions must be sent to a USCIS office called the Chicago Lockbox.  You cannot submit Form I-130 in person to a USCIS office. The Chicago office will forward your file to the appropriate office or consulate as appropriate.
  • Be sure to make complete copies for yourself of your visa petition, documents, and check or money order. These will help if USCIS loses your petition or claims you didn't include a check (it happens).

For the most current address and filing fee, please see the USCIS website or call the National Customer Service Center at 1-800-375-5283.

Before you start, read: Legal Issues with Petitioning for Alien Relatives.

What Happens After an Immediate Relative's I-130 Is Approved

If you're filing an I-130 for an immediate relative (the spouse, parent, or unmarried child under age 21 of a U.S. citizen), then just as soon as that petition is approved, your relative can apply for an immigrant visa and green card. If the relative lives overseas, then that will be done through a U.S. consulate or embassy. If the person lives in the United States after a legal entry, then he or she may be able to "adjust status" through USCIS. But check with an immigration attorney to be sure. If your relative is eligible to adjust status as an immediate relative, then you don't actually have to wait until I-130 approval to submit the full green card application -- you can do it all at once.

What Happens After a Preference Relative's I-130 Is Approved

Once the I-130 petition has been filed and approved, relatives in preference categories (any qualifying relative other than the parents, spouses, or unmarried children under 21 of a U.S. citizen) must wait for an immigrant visa number. How long they wait depends entirely on how many other people in their category had an I-130 approved on their behalf ahead of them, and on which country the alien is from. Because of per-country limits, people from certain parts of the world wait extra long -- usually those from Mexico, China, India, and the Philippines.

Progress on the waiting list is measured by the immigrant's Priority Date, which comes from the date that USCIS received the I-130 visa petition. You can call the U.S. Department of State at 202-663-1541 to find out the current Priority Dates for immigrant visa numbers based on country and category or check the latest Visa Bulletin on the State Department website. See "How to Track Your Priority Date" for guidance on interpreting these numbers.

Once an immigrant number is available, the eligible relative can apply for an immigrant visa, most likely through an overseas U.S. consulate. In a few rare cases, such as immigrants who've been living legally in the United States, the immigrants may instead be allowed to apply for adjustment of status, a process which is done without leaving the United States. Talk to an immigration attorney before trying this.

Read: How long will it take for an I-130 form to process?

Getting Help With the Petition for Alien Relative

If you are unsure about whether your family relationship qualifies or how you will offer documented proof of the relationship, or simply want some help with the paperwork, contact an immigration attorney. It's even more important to contact an attorney if the immigrant is already living in the United States, especially if here illegally, because this can make ultimately getting a green card very difficult.

by: , J.D.

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