Filing The I-130 Immigrant Visa Petition

STEP one: File The I-130 Petition

The U.Southward. citizen or U.S. permanent resident must set and assemble the following forms and supporting documents and mail service information technology to the U.Due south Citizenship & Clearing Service (USCIS) with the appropriate fee. Think that a separate Course I-130 must be submitted for each qualifying relative.

A. Supporting Documents And Forms To Exist Submitted Along With The I-130 Petition

1. Form I-130, Petition for Conflicting Relative.

two. Filing fee, as required by USCIS. The fee can be paid with a personal cheque, bank typhoon or money social club made out to the U.S. Section of Homeland Security. Fees cannot be paid in greenbacks. The use of checks or money orders will allow the petitioners to track their payment.

three. Comprehend Letter. The petition and documents should include a cover alphabetic character that contains a description of what petition or application is being submitted (Form I-130), and a complete listing of everything that is sent in the parcel to USCIS. It should too include an explanation of whatever special circumstances involved.

Notation: If additional room is needed to explain the instance, attach a separate sheet (listing the zipper on the embrace sail). Brand sure to sign and appointment the cover sheet.

4. Proof of U.S. citizenship or permanent residence of the Petitioner (the individual filing the Form I-130).

i. Proof of U.S. citizenship includes but is not limited to the post-obit documents:

a) If born in the U.South., a re-create of the long form Nascency certificate (must include the names of parents) (forepart and back) issued by the appropriate civil agency

b) Copy of the biographic pages of a valid unexpired U.S. passport

c) Re-create of the naturalization certificate or certificate of citizenship issued by the USCIS or the former INS

d) Copy of the FS-240, Report of Nascence Abroad of a Citizen of the United States, issued past a U.S. Diplomatic mission or consulate

ii. Proof of U.S. Legal Permanent Residence includes but is not express to the following documents:

a) Copy of the front and back of the I-551, Permanent Resident Card (green carte du jour)

b) Copy of the foreign passport which includes a copy of the biographic page, the I-551 stamp issued by the U.S. Consulate and the folio showing admission to U.S. equally a permanent resident

five. Proof of relationship:

i. If filing for spouse, a copy of the marriage certificate (with English translation, if necessary)

ii. If filing for a parent, kid, or blood brother/sister, a copy of the birth certificate(s) and/or spousal relationship certificate(south) tracing the human relationship

iii. If filing for an adopted child, a copy of the adoption decree

iv. If filing for a step-child/step-parent, a re-create of the wedlock certificate and appropriate nascency certificate(southward)

half-dozen. If filing for a foreign national spouse:

i. Either the petitioner or the beneficiary (the foreign national spouse) were previously married, submit copies of the documents showing that all prior marriages were legally terminated (courtroom certified copies of the petitioner'southward and/or intending immigrant'southward divorce documents or death document of the prior spouse)

ii. Course G-325A is completed by the U.S. denizen spouse (signed and dated) with a passport style photo fastened

three. Form One thousand-325A is completed past the foreign national spouse (signed and dated) with a passport style photo fastened

iv. Evidence of a bona fide spousal relationship (including but not limited to pictures, joint ownership of property, lease in both names, etc.)

B. Submitting The Petition

Upon compiling the form, supporting documents and filing fee, the petition package should be mailed to the appropriate "Lockbox" in Chicago. Petitions are no longer sent directly to a service heart but are routed in that location by the lockbox.

C. Subsequently Mailing The Petition

Mostly, within a few days after the U.S. citizen petitioner sends the petition to the USCIS lockbox, he or she will receive a Form I-797, Notice of Action ("receipt notice") indicating that the USCIS has received the I-130 application and indicating the service center the petition was routed to. If the petitioner does not receive a receipt notice within ane to two weeks of filing the petition, contact USCIS to follow up.

If the petition package is missing whatever documents or the service center needs further clarification or additional documents, it volition employ a "Request for Evidence" detailing the additional documents or information needed for the case to proceed.

D. Approval of The Petition

One time the I-130 immigrant visa petition is approved, the USCIS service center that candy the petition volition send the U.South. citizen petitioner another I-797, Notice of Action ("approval notice") alphabetic character indicating the approval. The service center will then frontwards the approved petition to the National Visa Center (unless the petition is for an immediate relative who is in the U.S. and it was filed with an application for adjustment of status (see Stride 2 below).

E. Processing Time

The fourth dimension it takes the USCIS service center to procedure the I-130 depends on what preference category the foreign national relative falls into. The lower the priority of the preference category (i.eastward., tertiary or 4th preference) the longer it takes for processing. Since visa numbers are not immediately available these petitions receive lower priority for processing.

Stride 2: Aligning of Status If The Casher Is Already Inside The U.South.

If the beneficiary (the person form whom the immigrant petition is filed) of the I-130 petition is in the U.S. when the petition is approved and a visa number is available, he or she may exist able to file for Aligning of Status using Form I-485, Application to Suit Status.

Notation: To adjust of condition inside the U.S. the casher must meet certain conditions: they must have entered the U.Southward. legally and must take maintained their condition throughout their stay in the U.South. There are certain limited exceptions to these provisions for immediate relatives.

Click here to larn more on Adjustment of Status.

STEP 3: Consular Processing If Beneficiary Is Outside The U.S.

If the beneficiary of the I-130 immigrant visa petition is exterior the U.South. or has chosen Consular Processing when the petitions is approved and a visa number is available, he or she must consummate consular processing and obtain their immigrant visa at a U.S. Consulate abroad before they can enter the U.Southward. as a legal permanent resident.

Notation: The Beneficiary of the I-130 petition cannot enter the U.S. unless he or she has an immigrant visa or has obtained another type of non-immigrant visa.

Click here to learn more than on Consular Processing of immigrant visas.

I-130 For Dependents of The Alien Relative

Just U.S. citizens and Permanent Residents can file an immigrant petition for their direct relatives. Dependents of only some of those relatives, however, may immigrate with the foreign national.

A. Dependents of Firsthand Relatives

Each immediate relative of a U.South. citizen (spouse, children under 21 and parents- those who are non discipline to visa quota availability) must accept a petition filed on his or her behalf past the U.S. citizen petitioner. Dependents of the foreign relative (e.g., minor children of the parents or children of the spouse) cannot be included in the petition or "follow-to-join". The dependents must have a separate petition filed on their behalf past the U.S. denizen petitioner or by the immediate relative casher subsequently he or she becomes a permanent resident.

B. Dependents of Preference Relatives

Dependents (spouse and children nether 21) of beneficiaries who are in a preference category (spouse, children under 21 and unmarried sons and daughters of a legal permanent resident and unmarried/married children over 21 and brothers/sisters of U.Due south. citizens) are eligible for derivative condition or are eligible to "follow-to-bring together." This ways that they are eligible to receive an immigrant visa in the same preference category as the relative and be able to immigrate with the chief relative without having to exist the beneficiary of a separate petition.

  1. If the petitioner is a legal permanent resident and files for his or her spouse, the spouse's unmarried children volition be eligible for an immigrant visa as long as they are nether 21 (real age or CSPA age) when the visa becomes available. If, notwithstanding, the child is over 21, a new petition volition have to exist filed for the son or daughter. If the petition is filed by the same petitioner, the son/daughter'due south I130 petition will be able to retain the priority engagement of the first petition.
  2. If the petitioner who was a permanent resident at the fourth dimension an I130 petition was filed for a spouse and/or children nether 21 becomes a denizen, the petition is automatically upgraded to an immediate relative petition. When this occurs, a carve up petition must then be filed for the child of the foreign national spouse because he or she will no longer exist permitted to "follow-to-join". This may accept serious repercussions if the son or girl was protected by CSPA as he or she loses this protection if a new petition is filed.

I-130 Petition Possible Problems

A. Missing Documents

All petitions are screened by USCIS when they are initially submitted to run into that all required forms, fee and initial supporting documents are included. If the initial screening finds the petition to be deficient, it may be returned to the petitioner depending on the deficiency.

At the time of the last review, if the reviewing officeholder has questions or needs additional supporting documentation, a Request for Bear witness (RFE) will exist issued. The RFE will land what questions the officer has and what additional information documents are needed to complete the review of the petition. USCIS is required to requite respondents at least 84 days to answer and an boosted 14 days if the data or documents must be obtained from abroad.

If important initial documentation or information is missing, or if there is an indication that there may exist fraud, USCIS may consequence a Detect of Intent to Deny (NOID) in lieu of an RFE. In about instances, USCIS gives respondents merely 30 days to answer to a NOID.

B. Denial of The I-130 Petition

If a petition is denied, the petitioner has the right to have the petition reopened/reconsidered and/or appealed. When a decision is issued denying an I130 petition, USCIS must give the specific reasons for the deprival. It must also give the petitioner instructions on where and how to file a motion to reopen/reconsider or appeal. Y'all take the right to have an attorney represent yous on either.

one. Motion to Reopen/Reconsider

If the petitioner wishes to have the decision reviewed over again by the service center that rendered the decision and/or the petition has boosted testify that can be submitted, a Form I-290B, Detect of Appeal or Motion must exist filed with USCIS in lodge to submit a Motion to Reopen and/or Reconsider (MTR). Additional or new bear witness in existence at the time of filing or containing information that was in existence at the time of filing can be submitted with an MTR.

a. The I-290B must be submitted within 30 days of the date of the determination (or when the decision is mailed, if applicable).

b. It must contain a clear argument of why the petitioner thinks the decision is erroneous. The petitioner can besides submit a brief with the reasons why the decision was wrong, citing whatever law that supports the position or including new evidence.

c. The brief, if filing i, must exist submitted with the I-290B.

d. The Course I-290B is filed with the advisable filing fee and brief, if applicable, to the USCIS Phoenix Lockbox and will exist forwarded to the service center or function that rendered the decision.

2. Appeal

If the Petitioner wishes to take the decision reviewed by a higher controlling trunk or an MTR has already been submitted and denied, Form EOIR-29 Find of Entreatment to the Lath of Immigration Appeals from the Decision of a USCIS Officeholder must exist filed with the Board of Immigration Appeals.

a. The EOIR-29 must exist submitted within thirty days of the engagement of the conclusion (not the engagement you receive the decision).

b. It must contain a clear statement of why the petitioner thinks the conclusion is erroneous. The petitioner can also submit a cursory with the reasons why the conclusion was wrong, citing whatever constabulary that supports the position

c. The brief, if filing one, can be submitted with the EOIR-29, or within thirty days of filing the EOIR-29.

d. The EOIR-29 is filed with the appropriate fee and brief, if applicable, to the USCIS office that made the decision on the case. The EOIR-29 should not be filed directly with the BIA.

When the USCIS office that made the decision to deny the I-130 receives a MTR or entreatment, that office volition review the case based on the appeal and whatever cursory that is submitted with it. In the case of an MTR, USCIS can also review any boosted testify submitted with the MTR. The USCIS can opposite their decision and approve the I130 petition or uphold their decision. In the case of an MTR, if they uphold their conclusion, a new decision affirming the denial of the petition is written and sent back to the petitioner. In the case of an appeal, the file must exist forwarded to the BIA. Once the BIA decides on the case, the petitioner volition receive a notification with the decision. A decision from the BIA can take 6 months or longer.

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