What is Form I-130?

U.S. citizens, U.S. nationals, and permanent residents can file Form I-130, Petition for Alien Relative, to enable a foreign citizen family member to obtain permanent residence in the United States (green card status).

 

Form I-130 starts the operation of family-based immigration by establishing a qualifying relationship with a foreign-born relative who wishes to immigrate to the United States. The I-130 petition also demands that the petitioner reserve an immigrant visa for the family member. This process can take a few months or several years, depending on the type of relationship.

 

Form I-130 is a type of immigrant visa petition. Unlike non-immigrant visas for temporary visits, an immigrant visa is for someone who intends to permanently stay and work in the United States. There are different types of immigrant visa petitions. U.S. employers can file an employment-based immigrant visa petition (Form I-140) for a foreign national they wish to sponsor for a green card.

 

What is Form I-130 used for?

Form I-130 is used to obtain a U.S. Green Card for a family member who is a foreign national. It explains to the United States Citizenship and Immigration Services (USCIS) that the petitioner has a valid, close family relationship with the beneficiary.

 

To prove this, you must provide proof of relationship with legal documents, such as birth certificates, marriage certificates, and financial statements.

 

When you submit Form I-130, you’re requesting the U.S. government to recognize your family connection and allow your family member to apply for an immigrant visa or modify their status to become a lawful permanent resident.

 

Eligible criteria to file the I-130 petition

All relatives cannot be petitioned for a green card; only certain types of relationships qualify. U.S. citizens can petition a spouse, child, parent, or sibling. Permanent residents and U.S. nationals can only petition a spouse or unmarried child of any age. Grandparents, uncles, nephews, grandchildren, cousins, nieces, aunts, and in-laws cannot be directly petitioned.

 

The U.S. immigration system has two main categories of family-based immigrants: immediate relatives and family preference. Spouses, parents, and children (under age 21) of U.S. citizens come under immediate relatives. The immediate relative categories are the most desirable, beginning with "IR." An immigrant visa is always available for immediate relatives. There is no wait time for immediate relatives. All other family-based immigrants are in the family-preference category; these categories begin with "F." These categories have a wait because demand for green cards exceeds the number legally allocated every year by U.S. Congress.

 

Eligible Relatives of U.S. Citizens

• Spouse of a U.S. citizen
• Parents of a U.S. citizen
• Unmarried child (under 21 years of age) of a U.S. citizen (under 21 years of age)
• Unmarried, adult son or daughter (age 21 or over) of U.S. a citizen
• Married son or daughter (any age) of a U.S. citizen
• Brother or sister of U.S. a citizen

 

Eligible Relatives of Permanent Residents and U.S. Nationals

• Spouse or unmarried child who is under age 21 of a permanent resident
• Unmarried adult son or daughter of a permanent resident

 

Can Form I-130 be filed online?

Not all relatives will be petitioned for a green card. Only certain types of relationships qualify for a green card. U.S. citizens can petition a spouse, parent, child, or sibling, but permanent residents and U.S. nationals can only petition a spouse or unmarried child of any age. Grandparents, grandchildren, nieces, nephews, uncles, cousins, aunts, cousins, and in-laws cannot be directly petitioned.

 

The U.S. immigration system has two main categories of family-based immigrants: immediate relatives and family preference. Spouses, parents, and children (under age 21) of U.S. citizens come under immediate relatives. The immediate relative categories are the most desirable, and these categories begin with "IR." An immigrant visa is always available for immediate relatives. Certain inadmissibility bars don't apply to immediate relatives. Therefore, there is no wait. All other family-based immigrants are in the family-preference category, and these categories begin with "F." These categories have a wait because demand for green cards exceeds the number legally allocated every year by U.S. Congress.

 

Documents required for Form I-130

• Proof that the sponsor is a U.S. citizen or green card holder
• Proof that a legally valid relationship exists
• Proof that the relationship is not fraudulent
• Proof of name changes for the sponsor and/or the person seeking a green card, if any
• Proof of nationality of the person seeking a green card

 

How do I fill out I-130?

You can file Form I-130 either online or via mail. First, you need to create an online account with USCIS to file online. This will also make receiving case alerts and status checks, uploading supporting documents, and seeing all case agreements easier. You can submit Form I-130 online even if your relative is in the United States and they plan to submit their Form I-485 by mail.

 

Where to send Form I-130?

USCIS accepts the Form I-130 petition both electronically and by mail. It does not want petitioners to submit it in person at the USCIS embassy.

 

USCIS receives standalone petitions at two locations called lockboxes: Elgin, IL, and Phoenix, AZ. Even though USCIS receives your petition at these locations, it will process it in a different place. If you have an interview, it will be at a USCIS office near your address.

 

Petitioners who live in the following states and territories will file at the Phoenix lockbox: Alaska, American Samoa, Arizona, California, Colorado, and Commonwealth of the Northern Mariana Islands, Nevada, Guam, Florida, Hawaii, Idaho, Oregon, New Mexico, Montana, Nebraska, Kansas, North Dakota, South Dakota, Oklahoma, Puerto Rico, U.S. Virgin Islands, Texas Utah, Washington, or Wyoming.

 

Form I-130 processing time

USCIS processing times for the I-130 petition vary based on the categories. Generally, USCIS approves immediate relative petitions more quickly because an immigrant visa is already available to the immediate relative. The processing time for Form I-130 will take a minimum of six months and up to a year. Family-preference petitions will take longer wait time. Properly filed petitions will have the best chance to get quick approval.

 

Only forms that were successfully filed can be reported for processing times. If an individual does not fill out the form correctly or does not satisfy eligibility requirements, USCIS will deny or reject these requests.

 

Cost of Form I-130

When filing Form I-130, you must be aware of the linked fees. The fee for paper filing in 2024 is $675, while online filing costs $625. This fee is payable to USCIS during submission and is non-refundable, even if your petition is denied. Check the latest fee structure on the USCIS website, as fees are subject to change. Being well prepared and knowing the correct fees to pay will help you avoid delays in processing your petition.

 

How to check Form I-130 status

Checking the status of your Form I-130 is simple. Here's how to keep track of your petition's progress:

 

Online Status Check

• Go to the USCIS Case Status Online page.
• Put the 13-character receipt number you received when your petition was filed. This number will be present on the receipt notice (Form I-797) that USCIS sent you.
• After entering the receipt number, click the "Check Status" button to see the current status of your form i-130 petition.

 

Case Status Updates

If you create a USCIS online account, you will receive email notifications about the status of your Form I-130 petition.

 

Similarly, if you want to receive text updates for your phone number, you can sign up by entering your phone number in your online account settings.

 

You can also contact the USCIS Contact Centre at 1-800-375-5283 for status updates. Provide your receipt number.

 

If you need more detailed information or have specific questions, you can also schedule an appointment with a USCIS officer through the Info Pass system.

 

What happens after I-130 is approved?

Once your Form I-130 is approved, further steps depend on whether your relative stays inside or outside the United States.

 

If your relative is outside, you're in the U.S.

Once your petition is approved, it will be sent to the National Visa Centre (NVC). The NVC will send your relative a welcome letter with further instructions. Your relative has to complete the DS-260 form, which is the online immigrant visa application. You must also submit civil documents and an affidavit of support to the NVC.

 

Once the NVC processes these documents, your relative will be scheduled for an interview at the U.S. Embassy in their home country. If the visa is approved during this interview, your relative will receive an immigrant visa, which allows them to travel to the U.S. Once they arrive, they will get a temporary green card stamp in their passport. The actual green card will be mailed to them later.

 

If you’re relative is in the U.S.

The process involves adjusting their status for relatives already staying in the U.S. Your relative must first file Form I-485 and then apply to register for permanent residence or adjust status. A biometrics appointment will be arranged to provide fingerprints, photos, and a signature. USCIS may also schedule an interview to view your original documents. If Form I-485 is approved, your relative will receive their Green Card through the mail, which grants them permanent resident status.

 

Your relative must wait for their current priority date, which depends on the visa category. It's essential to observe this date closely. If your relative is adjusting status within the U.S., they must avoid traveling outside the country without advance parole because it can affect their application.

 

How can Y-Axis help you?

The Y-Axis team has been the best solution to assist you with your Form i-130 petition

• Evaluate the appropriate visa type for your application
• Guide documentation
• Assist in filling out online application forms
• Review all your documents
• Assist in the visa application process