Filing The I-130 Immigrant Visa Petition

STEP 1: File The I-130 Petition

The U.S. denizen or U.South. permanent resident must fix and assemble the post-obit forms and supporting documents and mail service it to the U.Southward Citizenship & Immigration Service (USCIS) with the advisable fee. Remember that a separate Form 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.

2. Filing fee, as required by USCIS. The fee can be paid with a personal check, bank draft or money social club made out to the U.S. Section of Homeland Security. Fees cannot exist paid in cash. The apply of checks or money orders volition allow the petitioners to track their payment.

three. Cover Alphabetic character. The petition and documents should include a comprehend 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. It should also include an caption of any special circumstances involved.

NOTE: If boosted room is needed to explicate the instance, attach a dissever sheet (list the attachment on the cover canvass). Make sure to sign and date the encompass canvas.

iv. Proof of U.S. citizenship or permanent residence of the Petitioner (the private 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.South., a copy of the long form Nativity certificate (must include the names of parents) (front end and back) issued past the appropriate civil agency

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

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

d) Copy of the FS-240, Report of Birth Away of a Denizen of the United States, issued past a U.Southward. Embassy or consulate

ii. Proof of U.Due south. Legal Permanent Residence includes only is not limited to the post-obit documents:

a) Re-create of the front end and back of the I-551, Permanent Resident Card (green bill of fare)

b) Copy of the strange 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.Due south. every bit a permanent resident

5. Proof of relationship:

i. If filing for spouse, a re-create of the union certificate (with English translation, if necessary)

two. If filing for a parent, child, or brother/sister, a copy of the nascency certificate(s) and/or marriage certificate(s) tracing the relationship

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

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

6. 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'due south and/or intending immigrant'due south divorce documents or death certificate of the prior spouse)

ii. Form G-325A is completed by the U.Due south. denizen spouse (signed and dated) with a passport style photograph attached

3. Form Chiliad-325A is completed by the foreign national spouse (signed and dated) with a passport mode photograph attached

iv. Evidence of a bona fide union (including only not limited to pictures, joint buying of property, lease in both names, etc.)

B. Submitting The Petition

Upon compiling the form, supporting documents and filing fee, the petition package should exist mailed to the appropriate "Lockbox" in Chicago. Petitions are no longer sent straight to a service middle but are routed there by the lockbox.

C. After Mailing The Petition

By and large, within a few days later the U.Due south. citizen petitioner sends the petition to the USCIS lockbox, he or she volition receive a Form 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 discover inside one to two weeks of filing the petition, contact USCIS to follow up.

If the petition bundle is missing any documents or the service center needs further description or boosted documents, it will utilize a "Request for Prove" detailing the additional documents or information needed for the case to continue.

D. Approval of The Petition

In one case the I-130 immigrant visa petition is approved, the USCIS service center that processed the petition will send the U.S. citizen petitioner another I-797, Discover of Action ("approval notice") alphabetic character indicating the approval. The service eye will and then forwards the canonical petition to the National Visa Center (unless the petition is for an immediate relative who is in the U.Due south. and it was filed with an application for adjustment of status (see STEP 2 below).

E. Processing Fourth dimension

The time it takes the USCIS service eye 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., 3rd or fourth preference) the longer information technology takes for processing. Since visa numbers are not immediately available these petitions receive lower priority for processing.

Pace 2: Adjustment of Status If The Beneficiary Is Already Within The U.S.

If the casher (the person form whom the immigrant petition is filed) of the I-130 petition is in the U.Southward. when the petition is approved and a visa number is bachelor, he or she may be able to file for Adjustment of Condition using Form I-485, Application to Adjust Status.

Annotation: To adjust of status inside the U.South. the beneficiary must meet certain conditions: they must take entered the U.S. legally and must have maintained their condition throughout their stay in the U.S. In that location are certain express exceptions to these provisions for immediate relatives.

Click here to acquire more on Adjustment of Status.

Step 3: Consular Processing If Beneficiary Is Outside The U.South.

If the casher of the I-130 immigrant visa petition is outside the U.S. 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 away earlier they tin enter the U.S. as a legal permanent resident.

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

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

I-130 For Dependents of The Alien Relative

Only U.Due south. citizens and Permanent Residents tin can file an immigrant petition for their straight relatives. Dependents of only some of those relatives, however, may emigrate with the foreign national.

A. Dependents of Immediate Relatives

Each immediate relative of a U.S. citizen (spouse, children under 21 and parents- those who are not subject to visa quota availability) must have a petition filed on his or her behalf by the U.S. citizen petitioner. Dependents of the foreign relative (e.m., small-scale children of the parents or children of the spouse) cannot be included in the petition or "follow-to-join". The dependents must have a split up petition filed on their behalf by the U.S. citizen petitioner or by the immediate relative beneficiary after 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 nether 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 status or are eligible to "follow-to-join." This means that they are eligible to receive an immigrant visa in the same preference category as the relative and exist able to immigrate with the principal relative without having to be the beneficiary of a divide petition.

  1. If the petitioner is a legal permanent resident and files for his or her spouse, the spouse's single children will be eligible for an immigrant visa as long as they are under 21 (real age or CSPA historic period) when the visa becomes available. If, all the same, the child is over 21, a new petition will have to be filed for the son or daughter. If the petition is filed past the aforementioned petitioner, the son/daughter'south I130 petition volition be able to retain the priority date of the first 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 denizen, the petition is automatically upgraded to an firsthand relative petition. When this occurs, a dissever petition must and then be 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 as he or she loses this protection if a new petition is filed.

I-130 Petition Possible Issues

A. Missing Documents

All petitions are screened past USCIS when they are initially submitted to meet that all required forms, fee and initial supporting documents are included. If the initial screening finds the petition to exist deficient, information technology 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 Bear witness (RFE) will be issued. The RFE will state 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 additional 14 days if the data or documents must exist obtained from abroad.

If of import initial documentation or data is missing, or if there is an indication that there may be fraud, USCIS may consequence a Notice of Intent to Deny (NOID) in lieu of an RFE. In most instances, USCIS gives respondents only thirty days to answer to a NOID.

B. Deprival 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 denial. It must as well give the petitioner instructions on where and how to file a move to reopen/reconsider or appeal. You have the correct to have an attorney correspond yous on either.

1. Move to Reopen/Reconsider

If the petitioner wishes to accept the decision reviewed over again past the service center that rendered the decision and/or the petition has boosted evidence that can be submitted, a Form I-290B, Notice of Appeal or Motion must exist filed with USCIS in order to submit a Move to Reopen and/or Reconsider (MTR). Boosted or new prove in beingness at the time of filing or containing information that was in existence at the time of filing tin 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 determination is mailed, if applicable).

b. It must contain a clear statement of why the petitioner thinks the decision is erroneous. The petitioner can also submit a cursory with the reasons why the decision was incorrect, citing whatsoever law that supports the position or including new evidence.

c. The brief, if filing 1, 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 volition exist forwarded to the service center or office that rendered the conclusion.

2. Entreatment

If the Petitioner wishes to accept the conclusion reviewed by a higher controlling torso or an MTR has already been submitted and denied, Grade EOIR-29 Notice of Entreatment to the Board of Clearing Appeals from the Decision of a USCIS Officer must be filed with the Board of Immigration Appeals.

a. The EOIR-29 must exist submitted inside 30 days of the date of the decision (not the date you lot receive the decision).

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

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

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

When the USCIS office that made the determination to deny the I-130 receives a MTR or appeal, that function will review the case based on the appeal and any cursory that is submitted with it. In the instance of an MTR, USCIS can also review any additional evidence submitted with the MTR. The USCIS can reverse their determination and approve the I130 petition or uphold their decision. In the instance 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 be forwarded to the BIA. Once the BIA decides on the case, the petitioner will receive a notification with the decision. A conclusion from the BIA can accept 6 months or longer.

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