Form I-130 is the form you use to apply for a relative to become a lawful permanent resident of the United States. This process can be complex, so it’s essential to understand what you need to do to have the best chance of success.
If you are a permanent resident or a citizen of the United States, you can file Form I-130 to petition for your spouse, parent, child, or another relative to become a lawful permanent resident.
The first step is determining if your relative qualifies as an immediate relative. Immediate relatives are defined as spouses, children who are unmarried and under the age of 21, and parents of citizens of the United States who are 21 years of age or older.
Is I-130 Similar To Green Card Application?
Immigrating through a family member has a few requirements. The U.S. sponsor must show that they can support the relative financially, and the relative must have “immigrant intent” — meaning they don’t plan to come to the U.S. temporarily.
If you want to petition for your spouse, parent, or child who is not an immediate relative, you must use Form I-130. For example, if you want to petition for your brother or sister, you will need to file Form I-130. You may want to speak to an immigration law firm like J Sparks Law to assist and ensure everything is filed correctly.
Green card application and Form I-130 are not the same. A green card permits a person to live and work permanently in the United States. Getting a green card is called “adjustment of status.”
What Happens After Form I-130 Is Approved?
The next step is for your relative to go through consular processing. This is when they will interview with a U.S. consulate or embassy abroad. They will need to bring all of the required documentation to the interview, and if everything goes well, they will be issued a visa that allows them to enter the United States.
Once they arrive in the United States, they will need to go through a final stage of processing called adjustment of status. This is when they will complete biometrics and background checks and then be issued their green card.
Although green card holders cannot vote, they can live and work permanently in the United States. They also may eventually be eligible for citizenship.
What Are The Steps For Filing Form I-130?
- Gather all required documentation
- Complete Form I-130 and submit it along with the required filing fee
- Wait for a notice in your mail with the case number
- Send a copy to your relatives
What Are The Risks Of Filing Form I-130?
The biggest risk of filing Form I-130 is that your petition may be denied. This can happen for several reasons, such as if USCIS believes that your relationship is not genuine or if they think that your relative does not meet the requirements for a green card. If your petition is denied, you can appeal the decision or re-file the petition.
How Long Will It Take For I-130 To Be Approved?
The process can take between 5 and 12 months, but it can sometimes take longer. The length of time will depend on the backlog of cases at USCIS and how many requests for evidence they need to send out.
If you are concerned about the timeline, you can check the status of your case online using your case number. You can also call USCIS customer service to get an update on your case.
Final Words
The immigration process, application, and Form I-130 can be very complicated. It is crucial to have all of your documentation in order and to respond quickly to any requests from USCIS. Whether you are applying for a green card for yourself or a relative, it’s crucial to understand the I-130 process and what you need to do to ensure a successful petition.
