Form I-130 Made Easy: A Beginner’s Guide to Family Immigration

By Raman Sharma

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Guide to family immigration

With the U.S. Citizenship and Immigration Services (USCIS), a citizen or legal permanent resident of the United States may submit Form I-130, Petition for Alien Relative, establishing the existence of a connection to certain alien relatives who want to come to the United States.

Who Can File Form I-130?

A US citizen or lawful permanent resident may submit Form I-130, Petition for Alien Relative, with USCIS to show a relationship to an alien relative who wants to immigrate to the US.

Form I-130 Checklist Of Required Documents

With your Form I-130 petition, you must submit the following documentation:

  • Proof of sponsor’s immigration status (US passport or green card)
  • Proof of relationship (for example, birth certificate, marriage certificate, adoption decree, etc.)
  • For petitioners sponsoring their spouses, submit additionally:
    • Form I-130A, Supplemental Information for Spouse Beneficiary;
    • Passport-style photographs for both spouses
    • Proof of bona fide marriage (for example, joint lease agreement, joint bank account statements, proof of joint assets and liabilities, etc.)

Form I-130 Filing Fee

Note that every relative being sponsored must pay the government filing fee. For instance, different paperwork and payments are required for both a spouse and a child if you are submitting immigration petitions for both.

Form I-130 payment methods

Payable to the “U.S. Department of Homeland Security a, check or money order must be signed and include the correct USCIS filing fee. If submitting a payment via checking or savings account, it has to be paid in US dollars and drawn on a US bank.

Following USCIS policies is very important when making a payment to prevent any processing delays. Incorrect payments or missing paperwork could cause the petition to be delayed or rejected.

Fee Exemptions

USCIS may in certain cases provide a fee waiver for Form I-130. Petitioners who want a fee waiver must show they cannot afford the filing cost. Usually, this is done by sending Form I-912, Request for Fee Waiver along with supporting records like verification of income, financial hardship, or receipt of means-tested assistance.

Requests for fee waivers are assessed by USCIS case-by-case. Included are family size, household income, and the kind of financial difficulty experienced. Supporting the request for a fee waiver depends on thorough and correct information.

Extra Points of View

USCIS routinely evaluates and changes filing costs. Before submitting, make sure to review the USCIS website or speak with an immigration attorney for the most recent fee information.

Locations for filing: Based on the petitioner’s residency, the filing fee must be paid to the appropriate USCIS Lockbox using Form I-130. Incorrect filing places could cause delays in processing.

How Long Does It Take To Get Form I-130 Approved?

The elements influencing processing timelines will be thoroughly covered in this article along with what petitioners might anticipate throughout the approval process. The immediate relatives: usually experience speedier processing delays since yearly restrictions on the availability of visas for direct relatives do not exist.

Family preference: Other family members fit many preference groups with yearly numerical restrictions. These groups include married sons and daughters of American citizens, single adult children of U.S. citizens, and siblings of American citizens. Because of visa restrictions, preference categories often have lengthier processing durations.

Each of the USCIS service centers throughout the country manages various cases. The workload of the particular service center where the petition is lodged will affect the processing time. The USCIS website has current processing timeframes for the relevant service center, which you can check online.

Completing and accurately Form I-130 will help to avoid delays. Inaccurate forms, missing paperwork, or mistakes could cause requests for further information (RFEs), therefore prolonging the processing time. Learn more: Form I-130 instructions.

Conclusion

Several factors may greatly affect the time it takes to get Form I-130 authorized. Understanding the usual processing dates and acting to guarantee your petition is comprehensive and correct can assist to reduce delays. Consult an immigration attorney for individualized guidance and support to take you through the procedure and aid with any complexity that may surface.

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