USA and the UK
- What is the I-130 (Petition for Alien)?
- What are the required documents for an I-130 Petition?
- How long does it take to process an I-130 Petition?
- What are the types of Family-Based Green Cards?
- Preference Relative Visas
- Immediate Relative Visas
- What is the definition of immediate family?
- What are the requirements to get a Green Card through family members?
- What is the cost of a family-based Green Card?
- What is the fee for the I-130 Petition?
- Where do I send the I-130 Petition form?
- Frequently asked questions
What is the I-130 (Petition for Alien)?
Form I-130 (Petition for an Alien Relative) is used to establish the relationship between a U.S. citizen/Green Card holder and eligible relatives or family members who are looking to settle in the United States as lawful permanent residents.
When applying for a Family-Based Green Card, the U.S. citizen sponsor must first petition for their relative or family member via the submission of an immigrant visa petition to the United States Citizenship and Immigration Services (USCIS) run by the Department of Homeland Security (DHS). Once the USCIS receives your petition, they will send a receipt notice to the mailing address you provided to inform you that they are processing it.
If the petition is approved, the case is then transferred to the National Visa Center (NVC) and the relative or family member can then begin the application process for their immigrant visa.
What are the required documents for an I-130 Petition?
The petitioner will need to submit a number of supporting documents to demonstrate ties to the family member or relative. These documents are required to prove that the family relationship between the petitioner and the beneficiary is genuine.
Generally, the required documents include:
- Proof of the sponsor’s status as a U.S. citizen or Green Cardholder (birth certificate, permanent resident card, naturalization certificate, etc)
- Proof of the legally valid relationship (marriage certificate, birth certificate, etc)
- Proof of the nationality of the beneficiary (passport, naturalization certificate,
- Proof of any name changes of sponsor or beneficiary
‘Secondary evidence’ documents might be accepted when original documents cannot be located for reasons beyond the petitioner’s/beneficiary’s control.
How long does it take to process an I-130 Petition?
Generally speaking, the processing time for an I-130 petition is between 7 and 15 months but it could be longer.
The processing time depends on the USCIS service center which is processing the petition. Also, the processing time could differ depending on the family relationship between the petitioner and the beneficiary and whether the petitioner is a U.S. citizen or Green Cardholder.
It is extremely important that you file the petition to the appropriate standard. Failure to do so will result in the USCIS requesting additional items or a complete rejection of the petition.
To avoid any delays in the processing time (and the time it takes for your family member to join you in the United States) you must complete the petition to the required standards.
Here at the Immigration Advice Service, we can help you formulate your petition. With many years of experience in the field, we will maximize your chances of receiving the outcome you are looking for.
Call us now on +1 844 290 6312 to find out more.
What are the types of Family-Based Green Cards?
Once the petition has been approved, the applicant will be eligible to begin the process of applying for a Family-Based Visa/Green Card that will grant the family member permanent residence.
There are two types of Family-Based Green Cards: Preference Relative Visas and Immediate Relative Visas.
Preference Relatives are subject to a cap on the number of people who can receive one every year. After the petition has been approved, the applicant will need to wait until their application becomes current before beginning the application procedure.
Immediate Relative Green Cards are for the closest relatives to the petitioner. This includes spouses, unmarried children, and parents.
Immediate Relative Visas do not have any caps on the number of people who receive one. This means that as soon as the petition has been approved, the applicant can begin the application procedure.
As a result, Immediate Relative Visa applicants will receive a decision on their Green Card application much quicker than Preference Relative Visa applicants.
Preference Relative Visas
Preference Relative visas are designed for relatives of U.S. citizens/Green Card holders, but not immediate relatives.
These visas are:
Immediate Relative Visas
Immediate Relative Visas are for the most immediate relatives to U.S. citizens including spouses, children, and parents.
There are five Immediate Relative Visas:
IR1 Visa for spouses of U.S. citizens
IR2 Visa for minors who are under 21-years-old
IR3 Visa for children adopted abroad
IR4 Visa for children adopted in the United States
IR5 Visa for parent/s of U.S. citizens
What is the definition of immediate family?
Under the U.S. immigration law, the following relatives meet the definition of “immediate family”:
Spouse of U.S. citizens (IR1 Visa category)
Unmarried children of U.S. citizens under the age of 21 (IR2 Visa category)
Orphan adopted abroad by a U.S. citizen (IR3 category)
Orphan adopted in the U.S. by a U.S. citizen (IR4 category)
Parent of a U.S. citizen (IR5 Visa category)
If you do not fit in any of these categories, you may not be an immediate relative. However, you may still be eligible for another Green card family preference category.
What are the requirements to get a Green Card through family members?
You can sponsor your immediate relative members’ petitions if you are either a U.S. citizen or a lawful permanent resident.
The first step to take is to submit your I-130 Petition for Alien Relative. Along with your application form, you must provide adequate proof of your relationship with your family.
In addition, you must prove that you can support your relatives financially, and they do not need to rely on the U.S. welfare system. The USCIS also needs to review if your family members hold any criminal record or a history of immigration violations.
If your immediate family is already in the U.S. under a different visa, you do not need to file a Petition for Alien Relative. However, in order to adjust status, the family member must submit Form I-485 (Application to Register Permanent Residence or Adjust Status).
What is the cost of a family-based Green Card?
The total cost for getting a Green Card through family includes:
- The filing fee for Form I-130 ($535)
- Fee for Form I-485, if your family is already in the U.S. (from $750 to $1,140, depending on the visa tier)
- Immigrant application processing fee, if your family leaves abroad (325$)
- USCIS immigrant fee ($220)
- Biometrics fees ($85)
What is the fee for the I-130 Petition?
There is a government filing fee of $535 which the U.S. citizen must pay when they submit the petition.
This must be paid in order for the petition to be considered for approval.
Where do I send the I-130 Petition form?
The petition needs to be sent to a U.S. Citizenship and Immigration Services (USCIS) field office. The specific office to which the petitioner needs to send it depends on where they are located.
Some of the largest offices are located in Chicago, Dallas, and Phoenix.
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The I-130 Form, also known as Petition for Alien Relative, is the form that you need to submit to the USCIS to petition for a family-based Green Card. It is used to establish a relationship between a U.S. lawful permanent resident and his or her alien relatives.
If you wish to sponsor more than one family member, you must submit a separate Form I-130 form for each of them. It is also worth mentioning that if you are applying for K visas or Family Preference tiers, you cannot use Form I-130.
Upon approval of the I-130 Form, your relatives will be summoned for an interview at their local U.S. consulate or embassy.
The family-based Green Card processing time usually takes from 5 to 12 months after filing your petition. The waiting time significantly varies based on the type of relationship between you and your relatives.
The immigration department may issue an RFE (Request for Evidence) before approving your petition. You can follow the status of your application online on the USCIS website.
Each family-based Green Card tier is processed individually and at a separate time. While they wait for their response, your relatives can travel to and from the U.S.
However, they cannot apply for other non-immigrant visas. The pending Form I-130 implies their immigrant intent.
Immediate Relative petitions are usually processed on a first-come, first-served basis. Your application forms must be free of errors and inconsistencies, or you may delay your application.
If your I-130 Petition is denied, the USCIS will issue a Notice of Action to reject or delay your request. To avoid this undesirable outcome, you should seek the guidance of an expert immigration attorney.
At IAS, we can make your family-based Green Card application process less stressful for you and your family.
Our services include:
Assessing your family member’s eligibility
Making sure that you can sponsor your family member or relative
Helping you demonstrate acceptable proof of your relationship with your relatives
Liaising with you and your family at any time which is suitable for you
Guidance on how to complete all the immigration forms needed for your application
Contact us on +1 844 290 6312 or enquire online to discuss your application with one of our experts.