PETITION FOR ALIEN RELATIVE FORM I-130

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I-130 FORM

Use this form if you are a citizen or lawful permanent resident of the United States who needs to establish their relationship to certain alien relatives who wish to immigrate to the United States. Who is Eligible?

WHO IS ELIGIBLE?

If you are a U.S. citizen, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for:  

  • Your spouse;
  • Your unmarried children under 21 years of age;
  • Your unmarried sons or daughters 21 years of age or older;
  • Your married sons or daughters of any age;
  • Your brothers or sisters (you must be 21 years of age or older); and
  • Your mother or father (you must be 21 years of age or older).

If you are a lawful permanent resident of the United States, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for: 

  • Your spouse;
  • Your unmarried child under 21 years of age; and
  • Your unmarried son or daughter 21 years of age or older.

HOW TO FILL THE FORM I-130?

Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed.Read more

DOCUMENT CHECKLIST

If you are a U.S. citizen: 

  • A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing that you were born in the U.S.
  • A copy of your naturalization certificate or certificate of citizenship issued by USCIS or copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate;
  • A copy of your unexpired U.S. passport; or an original statement from a U.S. consular officer verifying that you are a U.S. citizen.

If you are a lawful permanent resident: If you are a lawful permanent resident, you must file your petition with a copy of the front and back of your Permanent Resident Card. If you have not yet received your card, submit copies of your passport biographic page and the page showing admission as a lawful permanent resident, or other evidence of permanent resident status issued by USCIS If your relative ouside of United States Find more information about required documents for your I-130 petition

FORM I-130 FILING INSTRUCTIONS

Filing Fee: The filing fee for Form I-130 is $535. The filing fee for this petition cannot be waived. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition. DO NOT MAIL CASH. You must submit all fees in the exact amounts. Where To File? Domestic petitioners will mail their I-130 (only for stand-alone) applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on their residence in the U.S. For detail mailing instructions please visit our Direct filing addresses for form i-130 page.

WHAT HAPPENS AFTER FILING FORM I-130

Thats the first step in obtaining permanent residence in the United States. I-130 processing time will vary significantly based on the type of relationship between petitioner and beneficiary. The approval process can take anywhere from 5-12 months for Immediate Relatives and could take several years for Family Preference Categories. You can check your case status online with your receipt number. USCIS website lists normal processing times for an I-130 petition.

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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

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