Filing The I-130 Immigrant Visa Petition

Step 1: File The I-130 Petition

The U.S. denizen or U.S. permanent resident must ready and assemble the following forms and supporting documents and mail service it to the U.S Citizenship & Immigration Service (USCIS) with the appropriate fee. Recollect that a separate Form I-130 must be submitted for each qualifying relative.

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

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

ii. Filing fee, as required by USCIS. The fee can be paid with a personal check, bank draft or money society made out to the U.S. Department of Homeland Security. Fees cannot be paid in greenbacks. The employ of checks or money orders volition permit the petitioners to track their payment.

3. Cover Alphabetic character. The petition and documents should include a embrace letter that contains a description of what petition or application is being submitted (Form I-130), and a complete list of everything that is sent in the packet to USCIS. Information technology should as well include an explanation of any special circumstances involved.

NOTE: If additional room is needed to explain the instance, attach a separate canvass (listing the attachment on the cover sail). Brand sure to sign and date the cover sheet.

four. Proof of U.Southward. 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 following documents:

a) If born in the U.S., a copy of the long grade Birth certificate (must include the names of parents) (front and back) issued by the advisable civil bureau

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

c) Copy of the naturalization certificate or document of citizenship issued past the USCIS or the former INS

d) Copy of the FS-240, Report of Nativity Abroad of a Citizen of the U.s.a., issued by a U.South. Embassy 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 Bill of fare (greenish card)

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 page showing admission to U.S. every bit a permanent resident

5. Proof of relationship:

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

ii. If filing for a parent, kid, or brother/sister, a re-create of the birth certificate(s) and/or wedlock certificate(s) tracing the relationship

three. If filing for an adopted child, a re-create of the adoption decree

iv. If filing for a step-child/pace-parent, a copy of the marriage certificate and appropriate birth certificate(due south)

six. If filing for a foreign national spouse:

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

ii. Grade G-325A is completed past the U.Southward. citizen spouse (signed and dated) with a passport style photo fastened

iii. Grade G-325A is completed by the strange national spouse (signed and dated) with a passport mode photo attached

four. Bear witness of a bona fide marriage (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 packet should be mailed to the advisable "Lockbox" in Chicago. Petitions are no longer sent directly to a service center but are routed there past the lockbox.

C. Afterwards Mailing The Petition

Generally, within a few days after the U.Southward. citizen petitioner sends the petition to the USCIS lockbox, he or she will receive a Grade I-797, Notice of Action ("receipt notice") indicating that the USCIS has received the I-130 application and indicating the service centre the petition was routed to. If the petitioner does not receive a receipt find inside one 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 boosted documents, information technology will utilise a "Asking for Evidence" detailing the additional documents or information needed for the case to keep.

D. Approving of The Petition

Once the I-130 immigrant visa petition is canonical, the USCIS service heart that candy the petition will send the U.S. citizen petitioner another I-797, Discover of Activeness ("approval notice") letter indicating the approval. The service middle will and then forward the approved petition to the National Visa Heart (unless the petition is for an immediate relative who is in the U.S. and it was filed with an awarding for aligning of status (meet Stride 2 below).

Due east. Processing Time

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

STEP 2: Adjustment of Status If The Casher Is Already Inside The U.South.

If the beneficiary (the person course whom the immigrant petition is filed) of the I-130 petition is in the U.Due south. when the petition is approved and a visa number is available, he or she may be able to file for Adjustment of Status using Grade I-485, Application to Adjust Status.

NOTE: To adjust of condition inside the U.S. the casher must see certain conditions: they must take entered the U.S. legally and must have maintained their status throughout their stay in the U.Due south. At that place are certain express exceptions to these provisions for immediate relatives.

Click hither to learn more on Aligning of Status.

STEP 3: Consular Processing If Casher Is Exterior The U.S.

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

Note: 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 larn more on Consular Processing of immigrant visas.

I-130 For Dependents of The Alien Relative

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

A. Dependents of Immediate Relatives

Each firsthand relative of a U.South. citizen (spouse, children under 21 and parents- those who are not subject to visa quota availability) must accept a petition filed on his or her behalf by the U.South. citizen petitioner. Dependents of the foreign relative (e.g., minor children of the parents or children of the spouse) cannot exist included in the petition or "follow-to-bring together". The dependents must take a separate petition filed on their behalf by the U.S. citizen petitioner or past the firsthand relative beneficiary later on he or she becomes a permanent resident.

B. Dependents of Preference Relatives

Dependents (spouse and children under 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.S. citizens) are eligible for derivative condition or are eligible to "follow-to-join." This ways that they are eligible to receive an immigrant visa in the aforementioned preference category as the relative and exist able to immigrate with the primary relative without having to be the beneficiary of a carve up petition.

  1. If the petitioner is a legal permanent resident and files for his or her spouse, the spouse'south unmarried children will be eligible for an immigrant visa as long equally they are nether 21 (real age or CSPA historic period) when the visa becomes available. If, however, the child is over 21, a new petition will have to be filed for the son or girl. If the petition is filed by the same petitioner, the son/daughter's I130 petition will be able to retain the priority date of the start petition.
  2. If the petitioner who was a permanent resident at the time an I130 petition was filed for a spouse and/or children under 21 becomes a citizen, the petition is automatically upgraded to an immediate relative petition. When this occurs, a carve up petition must and so exist filed for the child of the foreign national spouse considering he or she volition no longer be permitted to "follow-to-bring together". This may have serious repercussions if the son or girl was protected by CSPA every bit he or she loses this protection if a new petition is filed.

I-130 Petition Possible Problems

A. Missing Documents

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

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

If important initial documentation or information is missing, or if there is an indication that there may be fraud, USCIS may event a Detect of Intent to Deny (NOID) in lieu of an RFE. In most instances, USCIS gives respondents but thirty days to respond 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 requite the specific reasons for the denial. Information technology must likewise requite the petitioner instructions on where and how to file a motion to reopen/reconsider or appeal. Y'all have the correct to have an attorney represent you lot on either.

1. Motion to Reopen/Reconsider

If the petitioner wishes to take the decision reviewed once again by the service center that rendered the decision and/or the petition has additional evidence that tin can be submitted, a Form I-290B, Observe of Appeal or Motion must be filed with USCIS in society to submit a Movement to Reopen and/or Reconsider (MTR). Boosted or new show in existence at the time of filing or containing information that was in beingness at the time of filing tin be submitted with an MTR.

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

b. Information technology must comprise a clear statement of why the petitioner thinks the conclusion is erroneous. The petitioner can besides submit a brief with the reasons why the decision was incorrect, citing any law that supports the position or including new evidence.

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

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

ii. Appeal

If the Petitioner wishes to have the conclusion reviewed by a higher conclusion-making body or an MTR has already been submitted and denied, Form EOIR-29 Notice of Appeal to the Lath of Immigration Appeals from the Conclusion of a USCIS Officer must be filed with the Board of Clearing Appeals.

a. The EOIR-29 must exist submitted within 30 days of the engagement of the determination (not the date you receive the conclusion).

b. It must contain a clear statement of why the petitioner thinks the decision is erroneous. The petitioner can also submit a brief with the reasons why the decision was wrong, citing any law that supports the position

c. The brief, if filing one, can be submitted with the EOIR-29, or within 30 days of filing the EOIR-29.

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

When the USCIS role that fabricated the decision to deny the I-130 receives a MTR or appeal, that part will review the case based on the entreatment and any brief that is submitted with it. In the example of an MTR, USCIS can also review whatever additional evidence submitted with the MTR. The USCIS tin can reverse their decision and approve the I130 petition or uphold their decision. In the case of an MTR, if they uphold their decision, a new conclusion affirming the denial of the petition is written and sent back to the petitioner. In the instance of an entreatment, the file must be forwarded to the BIA. Once the BIA decides on the case, the petitioner volition receive a notification with the decision. A determination from the BIA can take 6 months or longer.

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