Step 1 - USCIS : I-130 Petition for Alien Relative

Form I-130 is used by U.S. citizens or lawful permanent residents (green card holders) to petition for certain relatives to immigrate to the United States. It establishes a family relationship between the petitioner (U.S. citizen or permanent resident) and the relative (foreign national) and starts the immigration process for the relative.

Who Can File - Eligibility

U.S. Citizens Can Petition for:
-Spouse
-Unmarried children under 21 years old
-Married children of any age
-Parents
-Siblings (brothers and sisters, if U.S. citizen is 21 or older)

Lawful Permanent Residents Can Petition for:
1-Spouse
2-Unmarried children under 21 years old

Requirements

Relationship:
You must prove that a legitimate familial relationship exists between you (the petitioner) and the relative you are petitioning for (the beneficiary). This could be through marriage, birth certificates, adoption records, or other evidence that proves the familial relationship.

Petitioner’s Status:
As a U.S. citizen or lawful permanent resident, you must submit proof of your status. U.S. citizens need to provide proof of U.S. citizenship (e.g., passport, birth certificate). Permanent residents need to provide proof of legal permanent residency (e.g., green card).

Required Documentation

Completed Form I-130:
Ensure the form is filled out completely and accurately.

Proof of U.S. Citizenship or Permanent Residency:
-U.S. citizens must submit a copy of their birth certificate, U.S. passport, or naturalization certificate.
-Lawful permanent residents must submit a copy of their green card (front and back).

Proof of Relationship:
You must provide evidence showing that the relationship between you and the person you're petitioning for is genuine:
-For Spouse: A copy of your marriage certificate.
-For Children: A copy of the birth certificate showing your name as the parent.
-For Parents: A copy of your birth certificate or adoption records showing the relationship.
-For Siblings: A copy of your birth certificates or family documents showing the common parents.

Passport-sized Photographs:
You and your relative (the beneficiary) should provide two passport-style photos taken recently.

Any Additional Documents:
If applicable, provide divorce decrees (if either you or your spouse was previously married), death certificates (if your spouse has passed), or other relevant supporting documents.

Filing Fee

The filing fee for Form I-130 is $535 (as of 2024). This fee is non-refundable, even if your application is denied.
Fee Waivers:
Form I-130 does not have a fee waiver option. However, there may be exceptions in certain cases, but it's rare.

Delivery Type (Online, Physical)

1-File Online:
1-Create an account on the USCIS website.
2-Fill out Form I-130 online, following the instructions.
3-Upload supporting documents (e.g., proof of relationship, U.S. citizenship or permanent residency).
4-Pay the filing fee using a credit card, debit card, or bank account.
5-Submit your application and wait for a receipt notice from USCIS confirming your submission.

2-File by Mail:
1-Download and complete Form I-130 from the USCIS website.
2-Print the form and sign it.
3-Prepare the supporting documents: Make copies of your proof of citizenship, relationship evidence, and photographs.
4-Mail your application with the filing fee (check or money order made payable to the U.S. Department of Homeland Security) to the appropriate USCIS address.
-The address depends on where you live, so check the USCIS website for the correct address.
5-After USCIS receives your application, they will send you a receipt notice (Form I-797).

Filing Process

1-Complete the Form:
Fill out Form I-130 accurately and ensure all supporting documents are included. Double-check for missing signatures or incomplete sections.
2-Submit the Form:
File your application either online or by mail. Include the filing fee and all necessary supporting documents.
3-Receipt Notice (Form I-797):
After USCIS receives your application, you will receive a receipt notice. This is important because it shows the date they received your petition, which is used for tracking the processing time.
4-Request for Evidence (RFE):
If USCIS needs additional information or documentation, they may send you a Request for Evidence (RFE). Respond to the RFE promptly with the requested documents.
5-Approval Notice:
If your petition is approved, USCIS will send an Approval Notice (Form I-797). This approval does not grant permanent residency but allows the next steps for your relative to proceed with their immigration process (e.g., immigrant visa application or adjustment of status).

Processing times for Form I-130 can vary significantly depending on your case and the service center processing your petition. On average, it can take 6 months to over a year for USCIS to process and approve the I-130 petition. You can check the USCIS processing times for the most up-to-date information.