Last Updated on October 9, 2024 by Linda Lee
Form I-130 Summary- The processing time for form I-130 is an average of 12 months, as of October 2024.
- The I-130 filing costs $625 for online filing and $675 for paper filing, as of October 2024.
- If you are sponsoring more than one immediate family member, you will need to file a separate I-130 application for each and pay separate filing fees.
Navigating the complexities of U.S. immigration law can be daunting, especially when it comes to forms like the Form I-130. As the cornerstone of family-based immigration, Form I-130 is a vital document for those seeking to bring family members to the United States or to adjust their immigration status through family relationships. However, understanding and completing this form correctly is crucial for a successful immigration journey.
At ILOLA, we recognize the challenges individuals and families face when dealing with immigration matters. That’s why we’ve crafted this comprehensive guide to help you navigate the intricacies of Form I-130 with confidence. Whether you’re petitioning for a spouse, parent, child, or sibling, having a clear understanding of this form is essential to ensure your application progresses smoothly through the immigration process.
In this guide, we’ll provide you with a detailed overview of Form I-130, including its purpose, eligibility criteria, and the various relationship categories it encompasses. We’ll walk you through a step-by-step process of completing the form accurately, while also highlighting common issues and pitfalls to avoid. Additionally, we’ll underscore the importance of seeking legal representation to safeguard your rights and interests throughout the immigration process.
By the end of this guide, you’ll have a solid understanding of Form I-130 and the confidence to navigate its complexities effectively. Whether you’re just starting your immigration journey or seeking guidance on a specific aspect of the process, our attorney is here to provide you with the support and expertise you need. Let’s embark on this journey together, ensuring that your family’s dreams of living in the United States become a reality.
Understanding Form I-130
Form I-130, officially known as the “Petition for Alien Relative,” serves as the initial step in the family-based immigration process. Its primary purpose is to establish the relationship between a U.S. citizen or lawful permanent resident (LPR) petitioner and their eligible family member who wishes to immigrate to the United States.
Outlined below are key components to help you better understand Form I-130.
Purpose and Eligibility Criteria:
- Form I-130 is designed to establish the familial relationship between the petitioner and the beneficiary, whether it’s a spouse, parent, child, or sibling.
- To file Form I-130, the petitioner must be a U.S. citizen or lawful permanent resident, and the beneficiary must be an eligible family member.
- Eligibility criteria may vary depending on the relationship category and the petitioner’s immigration status.
Who Can File Form I-130:
- Generally, the U.S. citizen or LPR family member initiates the immigration process by filing Form I-130 on behalf of their eligible relative.
- In certain cases, a qualifying relative may file the petition for themselves, such as a widow(er) of a U.S. citizen or an abused spouse or child of a U.S. citizen or LPR.
Relationship Categories:
- Form I-130 accommodates various familial relationships, including:
- Spouse: For married couples seeking to sponsor their foreign spouse for immigration.
- Parent: For U.S. citizens petitioning for their foreign-born parents.
- Child: For parents sponsoring their unmarried children under 21 years old or married children over 21.
- Sibling: For U.S. citizens petitioning for their adult siblings.
Understanding the purpose and eligibility criteria of Form I-130 is crucial before initiating the immigration process. It sets the foundation for establishing the familial relationship necessary for the beneficiary to immigrate to the United States. In the next section, we’ll delve into a step-by-step guide on how to complete Form I-130 accurately and effectively.
Step-by-Step Guide to Completing Form I-130
Completing Form I-130 accurately is essential for a smooth immigration process. Here’s a comprehensive step-by-step guide to help you navigate each section of the form:
Gather Necessary I-130 Documentation
Before filling out Form I-130, gather all required documentation, including:
- Proof of petitioner’s U.S. citizenship or lawful permanent resident status (e.g., passport, birth certificate, green card).
- Evidence establishing the familial relationship (e.g., marriage certificate, birth certificates, adoption decrees).
- Any additional supporting documents specified for your specific relationship category.
Filling Out the I-130 Form Accurately
- Provide accurate and complete information in all sections of Form I-130.
- Enter the petitioner’s and beneficiary’s biographic information, including full names, addresses, dates of birth, and other requested details.
- Clearly indicate the relationship category being petitioned for (e.g., spouse, parent, child, sibling) and provide supporting documentation as required.
- Follow the instructions carefully for each question and provide responses in the appropriate format.
- Double-check all information for accuracy and completeness before submitting the form.
Tips for Avoiding Common I-130 Form Mistakes
- Review the latest version of Form I-130 and accompanying instructions from the official U.S. Citizenship and Immigration Services (USCIS) website to ensure compliance.
- Use black ink and write legibly to avoid any confusion or misinterpretation.
- If any sections do not apply to your situation, write “N/A” (not applicable) instead of leaving them blank.
- Pay close attention to signature requirements and ensure that both the petitioner and preparer (if applicable) sign and date the form where required.
- Include the appropriate filing fee or request a fee waiver if eligible.
- Best option: Hire an immigration attorney at ILOLA to complete and submit this form for you.
By following these steps and tips, you can complete Form I-130 accurately and effectively, laying the groundwork for a successful immigration petition. We highly recommend consulting with an attorney at our law office before beginning the Form I-130 process. We have a 99% approval rating and can help you avoid all of the mistakes most people make when filing on their own. Call us now at (213) 375-4084.
I-130 Processing Timeline
The average processing time for Form I-130 is currently 13 months. The I-130 Petition for Alien Relative, can vary significantly depending on various factors such as the current caseload at the USCIS (United States Citizenship and Immigration Services), the relationship between the petitioner and the beneficiary, the type of relationship, and whether any additional documentation or evidence is required. However, we can provide a general overview of the process:
- Filing the Petition: The U.S. citizen or lawful permanent resident (the petitioner) submits Form I-130 along with supporting documents to USCIS.
- Receipt Notice: USCIS issues a receipt notice typically within a few weeks of receiving the petition. This notice confirms that the petition has been received and provides a case number.
- Case Processing: USCIS reviews the petition to ensure it is complete and accurate. They may request additional evidence or documentation if necessary.
- Priority Date: USCIS assigns a priority date to the petition. The priority date is used to determine when an immigrant visa number will become available for the beneficiary, particularly for family-sponsored preference categories subject to numerical limitations.
- Visa Bulletin: The U.S. Department of State publishes a monthly Visa Bulletin, which indicates when immigrant visa numbers are available for different preference categories and countries. The priority date must be current (or earlier) for the beneficiary’s category and country of chargeability before the final steps can proceed.
- Decision: Once the petition is approved, USCIS sends an approval notice. If the beneficiary is already in the United States and is eligible to adjust status, they may proceed with the adjustment of status application (Form I-485). If the beneficiary is outside the United States, the approved petition is forwarded to the National Visa Center (NVC) for further processing.
- Consular Processing (if applicable): If the beneficiary is outside the United States, they will go through consular processing at the U.S. embassy or consulate in their home country. This involves completing additional forms, attending an interview, and undergoing medical examinations.
- Immigrant Visa Interview (if applicable): The beneficiary attends an interview at the U.S. embassy or consulate. If approved, they receive an immigrant visa to enter the United States as a lawful permanent resident.
It is highly advised that you hire one of our immigration attorneys to file the form I-130 for you. On average, our approval times tend to be less than the approval time estimates given by the USCIS.
Fee for I-130 Application
As of October 2024 the USCIS filing fee for I-130 application is $625 for online filing and $675 for paper filing. If sponsoring more than one immediate family member, you will have to file a separate I-130 application for each and pay separate filing fees. Attorney fees are not included in these figures.
The I-130 form is not the end of the process. Once approved, your family member may be eligible to file for an adjustment of status, Form I-485. This comes with additional costs.
Hire an Attorney to File Form I-130
Hiring our experienced immigration attorney to assist with filing Form I-130, Petition for Alien Relative, can be invaluable in navigating the complex U.S. immigration system. The I-130 petition is a crucial step in the process of bringing a family member to the United States, and ensuring its accuracy and completeness is essential to avoid delays or potential denials. Our attorney can provide expert guidance on gathering and organizing the necessary documentation, such as proof of the familial relationship, to support the petition. Our knowledge of immigration laws and procedures allows us to anticipate potential issues and address them proactively, increasing the likelihood of a successful outcome.
Furthermore, our attorney can offer personalized legal advice tailored to the unique circumstances of each case. We can assess eligibility requirements, identify any potential grounds of inadmissibility, and recommend strategies to overcome obstacles that may arise during the process. Additionally, having legal representation by ILOLA can provide peace of mind to petitioners and beneficiaries alike, knowing that their case is being handled by an experienced lawyer who is dedicated to advocating for their best interests. From navigating bureaucratic hurdles to advocating during appeals or interviews, we can provide invaluable support at every stage of the I-130 petition process, ultimately maximizing the chances of a favorable outcome for the petitioner and their loved ones.
We have a 99% approval rating and 5-star review score on Google. Call us today at (213) 375-4084 for a free case review.
