Petition for Alien Relative When You File the I-130 Form
- Yasaman Soroori
- Mar 23, 2023
- 3 min read
Updated: Jun 7, 2023
If you want to help a relative become an immigrant in the United States, you must file Form I-130, Petition for an Alien Relative. This form is an important step in helping eligible family members immigrate to the United States and obtain a green card. Filling out forms can be overwhelming for many people. So, let’s look at what you need to know when you are ready to file Form I-130.
What is Form I-130?
The I-130 form is easy to fill out if you have all the necessary documents. You will need your relative’s full name, address, and other contact information as well as your own. You will also need to provide proof that your relationship qualifies under U.S. immigration law. This proof can include birth certificates or marriage certificates, depending on the nature of your relationship with your relative. Once you have all this information filled out correctly, submit it along with a filing fee of $535 USD. The processing time for this form can be anywhere from 8 to 12 months, depending on which USCIS office is handling your application and how quickly they are able to process it.
Who is Eligible?
Not everyone can file for their relative using Form I-130. Only certain family members qualify under U.S. immigration law. For instance, parents may petition for unmarried children who are over 21 years old, spouses may petition for each other, and siblings may petition for each other if both are over 21 years old and unmarried. If you have any questions about who is eligible and need help filling out your application, please contact Consulta Immigration.
What Happens After Approval?
After an I-130 petition for an alien relative is approved by the U.S. Citizenship and Immigration Services (USCIS), the next steps depend on the individual's specific circumstances and the type of visa being applied for. Here are some possible scenarios:
If the beneficiary is already in the United States and is seeking to adjust their status to that of a lawful permanent resident (green card holder), they can file an I-485 application with USCIS.
If the beneficiary is outside the United States and is seeking an immigrant visa, the case will be forwarded to the National Visa Center (NVC) for further processing. The NVC will notify the petitioner and beneficiary and provide instructions on how to proceed with the visa application.
If the petitioner or beneficiary is inadmissible, additional steps may be necessary, such as filing a waiver or appearing for an immigration interview.
It's important to note that even after an I-130 petition is approved, there is no guarantee that the beneficiary will ultimately be granted a visa or be able to enter the United States. The approval merely establishes the relationship between the petitioner and beneficiary and indicates that the petitioner is eligible to sponsor the beneficiary for immigration.
Need Help with Form I-130: Petition for an Alien Relative?
Filing form I-130: Petition for an Alien Relative is one of many steps involved in helping an eligible family member become an immigrant in the United States. If you need assistance filling out this important document or any other related forms such as visa applications or green card applications, look no further than Consulta Immigration! Our experienced team specializes in helping immigrants navigate complex forms like these so that relatives can join them in America without any delay. Contact us today if you would like more information about filing form I-130 or any other related documents.
Comments