What is Form I-130?
Form I-130, also known as the “Petition for Alien Relative,” is a document used by United States citizens and lawful permanent residents (green card holders) to establish the relationship between themselves and certain family members who wish to immigrate to the United States. This form is a key step in the process of sponsoring a family member for a green card.
The purpose of Form I-130 is to demonstrate the qualifying family relationship between the petitioner (the U.S. citizen or green card holder) and the beneficiary (the family member seeking to immigrate). The form is typically used to petition for immediate family members, including:
- Spouses of U.S. citizens and their unmarried minor children.
- Unmarried children (both minor and adult) of U.S. citizens.
- Married children of U.S. citizens.
- Siblings of U.S. citizens.
The process involves filling out the Form I-130 and submitting it to the U.S. Citizenship and Immigration Services (USCIS) along with required supporting documents and the appropriate filing fee. Once the I-130 petition is approved, the beneficiary can then move forward with the next steps in the immigration process, which may include applying for an immigrant visa or adjusting status to a lawful permanent resident.
It’s important to note that the specific requirements, eligibility criteria, and procedures for Form I-130 may change over time due to updates in immigration laws and policies. Therefore, individuals considering filing this form should always refer to the most current USCIS guidance and instructions before beginning the process.
Form I-130 is Approved – What to Do Next?
After Form I-130 is approved, the next steps in the immigration process depend on the beneficiary’s specific circumstances and whether they are already in the United States or outside the country. Here are the general steps to follow after Form I-130 is approved:
- Receive Notice of Approval: Once USCIS approves Form I-130, they will send a Notice of Approval to the petitioner. This notice confirms that the relationship has been established and the beneficiary is eligible for immigration benefits.
- Preference Category and Priority Date: The family-based immigration process is subject to numerical limitations and preference categories. The priority date, which is the date USCIS receives the I-130 petition, determines the beneficiary’s place in the waiting line. The beneficiary’s immigration category (immediate relative or family preference category) and their relationship to the petitioner will determine how long they may have to wait for a visa number to become available.
- Check Visa Bulletin: The U.S. Department of State publishes a Visa Bulletin each month, which provides information on visa availability based on priority dates and preference categories. The beneficiary or petitioner should regularly check the Visa Bulletin to see if the beneficiary’s priority date is current, indicating that a visa number is available.
- Adjustment of Status or Consular Processing:
- Adjustment of Status: If the beneficiary is already in the United States and their priority date becomes current, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to apply for a green card while remaining in the U.S.
- Consular Processing: If the beneficiary is outside the United States, they will need to go through consular processing. This involves applying for an immigrant visa at a U.S. consulate or embassy in their home country. Once the visa is approved, they can enter the U.S. as a permanent resident.
- Attend Medical Examination: Regardless of whether the beneficiary is adjusting status or going through consular processing, they will likely need to undergo a medical examination by a designated civil surgeon. This examination is to ensure they are not carrying any communicable diseases that could affect public health.
- Submit Required Documentation: The beneficiary will need to gather and submit various documents, including forms, supporting evidence, financial documents, and other required materials as part of the green card application process.
- Attend Interviews: Both adjustment of status applicants and those going through consular processing may be required to attend an interview. USCIS or the U.S. consulate will conduct interviews to verify information, assess eligibility, and ensure that the marriage or family relationship is genuine.
- Receive Green Card: If the beneficiary’s application is approved, they will receive their green card, which grants them lawful permanent resident status in the United States powered by shutter v0.1.4 comments.
It’s important to follow the instructions provided by USCIS and the U.S. Department of State closely and to be aware of any changes in immigration policies or procedures. The immigration process can be complex, so seeking legal advice or assistance from qualified immigration professionals can be helpful to navigate the process successfully.
