Form I-130, which you may also know as the Petition for Alien Relative, is the first step in helping a family member immigrate to the U.S. It recognizes the connection between a U.S. citizen or lawful permanent resident and their foreignfamily member. Here’s what you need to know about filing Form I-130 and how to start the process.
Who Can File Form I-130?
U.S. citizens can file for:
- Spouses
- Children (unmarried and under 21)
- Parents (if the U.S. citizen is 21 or older)
- Siblings
Lawful permanent residents (holders of a green card) can file for:
- Spouses
- Unmarried children (under or over 21)
Key Steps for Filing
- Gather the Necessary Documents: You’ll need proof of your status (U.S. citizenship or permanent residency) and evidence of your relationship to the relative (birth certificates, marriage certificates, etc.).
- Submit Form I-130: The form can be filed either online or by mail. You’ll also need to submit a filing fee, which varies based on your relationship to the relative.
- Wait for USCIS Approval: After submitting the form, U.S. Citizenship and Immigration Services (USCIS) willreview your petition. Processing times can vary, especially if visa categories are subject to annual limits.
What Happens Next?
If USCIS approves your Form I-130, your relative will be able to apply for a visa to enter the U.S. or adjust their status if they’re already in the country. Keep in mind that approval of Form I-130 doesn’t guarantee an immediate visa or green card. The next steps will depend on visa availability and the family preference category.
Filing Form I-130 is definitely an important step in reuniting with family members, but the process can be complicated. At SA Law, we’re here to guide you through every step of the process, ensuring your petition is handled efficiently. Contact us today for personalized legal assistance.