filling out Form I-130/Petition For Alien Relative

Preparing the I-130

Form I-130, Petition for Alien Relative is the application you should use if you are a U.S. citizen or you have a Green Card (you are a Lawful Permanent Resident) and you want your foreign relative to come to the United States so they can also apply for a Green Card.

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Following is detailed information about how to complete this form.

Part 1. Relationship 👥 (You are the Petitioner and your relative is the Beneficiary)

1. Mark the box that matches the person for whom you are filing the petition. Be sure to select only on box, since you have to file separate petitions for each person.

2. If you are filing the petition for a child or parent, mark the appropriate box.

3. If you are filing the petition for a sibling, mark the appropriate box.

4. This probably won’t apply to you. If it does not, mark the “no” box. If it does apply to you, mark the “yes” box.

 Part 2. 👤 Information About You (The Petitioner)

1. Alien Registration Number (“A-Number,” or “A#”)
If you have had any interaction as an immigrant or nonimmigrant, with Immigration and Customs Enforcement (ICE), United States Citizenship and Immigration Services (USCIS), or Customs and Border Protection (CBP), then you likely have an Alien Registration Number; or as it is more commonly called, an A-Number. For example, if you received a Notice to Appear (NTA) it would be on there. However, if you do not have an A-Number then you should just write N/A in the appropriate space here, and wherever else it appears on the application.
2. USCIS Online Account Number
If you have created an account with USCIS, you should put your account number here.
3. Social Security Number
For most, this will not apply to you. If you have a social security number, write it in. If you do not have a social security number, put “None” in the appropriate space.
4a, b and c Complete Last Name, First Name, Middle Name
This is where you should put your last name (surname), along with your first and middle name, as they appear on your passport or similar identification. This means your full, legal name. If you do not have a middle name, then just leave it blank (if you write “none,” USCIS might think that “none” is your middle name!).
5a, b and c Other Names Used (if any)
This is where you should put all variations of your real name that you have ever used. This should include nicknames, previous names, etc. For example if your name is Elizabeth, but at various times you went as “Lizzie,” “Liz,” “Beth,” and “Big E,” you should list all of these names. If you are married and changed your name, you should include your maiden name. If you are divorced and went back to your maiden name, then you should put your previous married name. Basically if you legally changed your last name for any reason (marriage, adoption, or other), you should list your previous name. If you are transgender, gender nonbinary/nonconforming, or otherwise do not identify with the gender assigned to you at birth, and also chose another name, you should list your preferred name here, or if that is now your legal name, then you should list your birth name.
6 through 9 Other Information
This is where you should put the name of the city or town where you were born; the country where you were born; your date of birth and mark the box that matches your gender.
10 and 11. Mailing Address
This is where you should list all of the information about where you currently receive your mail. If it is not safe for you to receive mail where you live and it is sent to someone else’s address, put that name in the box 10.a. If you do not live at the address where you receive mail, you should also check the appropriate box for Question 11 and follow the instructions listed under that question.
12 through 15. Address History
List every place where you have actually lived for the last five years (both inside and outside of the United States). List your current address first if it is different from the information provided in the previous section (for your mailing address). You should also indicate how long you lived at each address by providing the dates (month, day and year) in the appropriate boxes.
16 through 18. Your Marital Information
These questions are fairly simple. Only check married if you are legally married. If you are currently married and this is the only time you have been married, put “1” in the box for question 16. Questions 17 and 18 only apply to you if you are currently married.
19. Place of current marriage
This only applies to you if you are now married. If you are, this is where you list the name of the city, town, state or province and country where you were married. You should also put the country where you got married in the appropriate box.
20 through 23 Names of All of Your Spouses (if any)
Again, this is fairly simple. If you are now married, put your husband or wife’s first, middle and last names in the appropriate boxes. Then do the same for any prior marriages.
24 through 35. Information About Your Parents
This is another set of boxes where you should print or type each parent’s name, date of birth, gender and place of residence.
36 through 41. Additional Information About You (Petitioner)
This is where you should indicate if you are a U.S. citizen or Lawful Permanent Resident, and answer the questions related to your status.
42 through 49. Employment History
This is where you should list all of the places where you have worked for the last five years — both in the United States and in any other countries. Be sure to include the name of the company or person, the address, your occupation (construction worker, journalist, bookkeeper, chef, and so on…) and the dates of employment. If you are now unemployed, print or type “unemployed” in the box for question 42.

 Part 3. 🔎 Biographic Information

1 through 6
This is where you should check the boxes that best describe your race, ethnicity, eye color and hair color. You should also provide your height and weight. Be honest and make sure this information is accurate.

Part 4. 📄 Information About Beneficiary

1 through 3. Alien Registration Number and so forth...

You should check all boxes that apply to your case, it is possible and likely that your claim will fall into multiple categories. It is probably a good idea to check off “Torture Convention,” since it will preserve eligibility for a Convention Against Torture (CAT) claim, if your case is referred to immigration court.

4 and 5. Beneficiary’s Full Name/Other Names Used
This is where you should provide the beneficiary’s first last and middle names. You should also provide any other names the beneficiary has ever used to identify himself or herself. This should include any aliases, maiden names and nicknames.
6 through 10. Other Information About Beneficiary
This is where you should provide information about where the beneficiary was born, their gender and date of birth. Be sure to provide their real date of birth. In Question 10, you should only check “unknown” if neither you nor the beneficiary knows whether anyone else has filed a petition on the beneficiary’s behalf.
11. Beneficiary’s Physical Address
Provide the full address where the beneficiary actually lives. If he or she resides in another country but his or her address does not include a street number or name, do not put anything in box 11.a or 11.b.
12 through 16 Other Address and Contact Information
You should only enter the beneficiary’s address in this section if it is different from the address entered in Item 11. You should also provide the beneficiary’s telephone numbers (including mobile number) and email address (if any).
17 through 19 Beneficiary’s Marital Information
Indicate how many times (including current marriage, if applicable) the person you are filing the application for has been married, his or her current marital status and the date of his or her current marriage.
20. Place of Beneficiary’s Current Marriage (if married)
This is where you should enter information about where the person you are filing for got married if he or she is now married.
21 through 24 Names of Beneficiary’s Spouses (if any)
If you are filing for your husband or wife, list your information here first. Then list the names of his or her former spouses (if any). Be sure to include the dates for each marriage.
25 through 44 Information About the Beneficiary’s Family
This is where you should list the names, relationships, dates of birth and countries of birth for the beneficiary’s spouse and children.
45 through 50 Beneficiary’s Entry Information
In this section, you should indicate whether the person you are filing the application for has ever been in the United States — at any time, for any reason. If he or she is now in the United States, you should also provide the information requested from appropriate travel documents. For Class of Admission, put whether he or she was admitted to the United States as a student, visitor, and so forth.
51 and 52 Beneficiary’s Employment Information
In this section, provide the requested information about the beneficiary’s current employment. This should include the employer’s name, address, and dates of employment. Include this information even if the beneficiary is now working in another country. If he or she is currently unemployed, enter “unemployed” in the first box.
53 through 62 Additional Information About Beneficiary
Answer these questions honestly! If the person you are filing the application for has ever been in immigration proceedings — at any time and for any reason check “yes” in Item 53 and provide the requested information in Items 54 through 56.
Provide the beneficiary’s full name and address in Items 57.a through 58.f., using their native written language if does not use Roman letters (the type used in English).
If the beneficiary is your husband or wife, enter information pertaining to the last place you two physically lived together in Items 59.a through 60.b. If you never lived together, type or print “Never lived together” in the box for Item 59.a.

If the beneficiary is in the United States and will apply for adjustment of status to that of lawful permanent resident, list the location of the USCIS Office where they plan to do so in Items 61.a and 61.b.

If the beneficiary will not apply for adjustment of status here, but he or she will apply for an immigrant visa at a U.S. Embassy or Consulate overseas, provide its location in Items 62.a through 62.c.

Part 5. 📑 Other Information

Again, it is important to answer these questions honestly.

1 through 5

If you have ever filed a petition for this beneficiary or any other relative, at any time, check the “yes” box for Item 1. and then provide his or her name, where you filed the petition, the date on which you filed it and the outcome.

6 through 9

If you are filing separate petitions for other relatives, list their names and the nature of your relationship with them. For example, indicate whether each is a son, daughter, unmarried child and so on, in the appropriate space.

Part 6. 🖋 Petitioner’s Statement, Contact Information, Declaration and Signature

1 and 2 Petitioner’s Statement

Check the appropriate box to indicate whether you fully understood everything on the application and answered all of the questions on your own; if you used an interpreter; or if an attorney or someone else filled out the form for you based on the information you provided.

3 through 5 Petitioner’s Contact Information

Provide your daytime and mobile phone numbers, along with your email address in the spaces provided (if any).

6.a and 6.b Petitioner’s Signature

This is where you should sign and date the completed form. Be sure to read the Petitioner’s Declaration and Certification before you do so.

Part 7. 📄 Interpreter’s Contact Information, Certification and Signature

This section should only be completed if you used an interpreter to help you understand this application. If so, the following information must be provided: the interpreter’s name and the name of his or her business (if any); his or her mailing address; and his or her contact information. The interpreter must certify that he or she is fluent in English and your native tongue, and that he or she read each and every question on the application to you in that language. Finally, the interpreter must sign and date the form in the spaces for Item 7.a. and 7.b.

You will be asked to complete and sign this part at the interview at the Asylum Office to re-affirm that the application and documentation attached are true.

Part 8. ❗️ Contact Information, Declaration and Signature of the Person Preparing this Petition if Other Than the Petitioner

This section should only be completed if someone else, such as an attorney filled out the form for you based on the information you provided. He or she must provide his or her name, mailing address and contact information in the spaces provided. He or she must also indicate whether he or she is an attorney, and sign and date the form.

☎ Call today for a free consultation

One of the advantages of having a green card is the ability to petition on behalf of family members who would like to join you in the United States, but it’s still a very complicated process. The best chance of success comes by working with an experienced asylum attorney.  We are highly experienced in family petition process. Our attorneys, translators and support staff will work with you individually to give you the best chance of success possible. We know how difficult process can be, and we will be with you every step of the way.

Your citizenship and your residency status is something you should entrust to a professional. Call the top New York Immigration Attorneys at toll free at  (888) ZONTLAW / (888) 9668529

How long does it take for a US citizen to sponsor a spouse?

it would take one to six months or longer to get a Form I-130 visa petition (Petition for Alien Relative) approved by USCIS.

How much is the fees for a relative petition?

The USCIS form filing fee for Form I-130, Petition for Alien Relative is $535.

If you are sponsoring more than one family member who qualifies as an “immediate relative,” you will have to file a separate I-130 petition and filing fee for each individual.
Can my petition I-130 be denied?

The reasons for an I-130 denial vary, but in most cases they are avoidable. 

Some of the reasons are:

  • Insufficient Information
  • Eligibility
  • Failure to Prove Petitioner’s Status
  • Failure to Prove Family Relationship
  • USCIS Mistake
What happens if your adjustment of status is denied?

Ineligibility Reasons for a Green Card Application Denial

U.S. citizens and lawful permanent residents can petition for a limited list of family members. But not all family members are eligible for this privilege.

Inadmissibility Reasons for a Green Card Application Denial

a Ground of Inadmissibility can cause a green card application denial. Applicants must demonstrate that they don’t pose a danger to U.S. society on financial, health, security, immigration violation, or criminal grounds.

  • Financial
  • Health
  • Immigration Violations
  • Criminal Record

Contact Attorney J.Greenberg ⚖️

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