Managing Attorney
If you are a U.S. citizen or permanent resident hoping to bring a family member to the United States, the first step in the process is filing the I-130 petition. This petition is the foundation of family-based immigration and serves as the formal request to establish your relationship with a foreign national family member. Understanding the steps and requirements of the I-130 petition will make the process much smoother, so let’s walk through the essentials to help you get started.
What Is the I-130 Petition?
The I-130 petition, officially known as the “Petition for Alien Relative,” is a document used to prove your relationship with a family member who wishes to immigrate to the U.S. This is the first official step in a family-based immigration process, allowing U.S. citizens or lawful permanent residents to petition for a visa on behalf of certain relatives.
Once the petition is approved by U.S. Citizenship and Immigration Services (USCIS), the family member can then proceed to apply for a visa or adjustment of status, depending on their situation. While approval of the I-130 doesn’t grant permanent residency or a green card, it’s necessary to move forward in the immigration process.
Who Can File an I-130 Petition?
As a U.S. citizen or lawful permanent resident, you can file the I-130 petition on behalf of certain family members. Here’s a quick look at who qualifies:
- U.S. Citizens can petition for:
- Spouses
- Parents
- Children (unmarried and under 21)
U.S. citizens can also petition for other family members under the family preference visa categories, including married children and siblings, but there may be significant wait times due to annual visa limits in these categories.
- Lawful Permanent Residents (green card holders) can petition for:
- Spouses
- Children (unmarried and under 21)
It’s important to note that not all family relationships are eligible. For instance, U.S. citizens can petition for siblings, but lawful permanent residents cannot. Additionally, same-sex couples and their children are eligible for immigration benefits under the same rules as heterosexual couples.
Steps to File the I-130 Petition
Filing an I-130 petition involves several key steps, each important for ensuring the process runs smoothly. Here’s a breakdown of what’s required:
- Step 1: Gather Required Documents
To support your petition, you must provide specific documents that prove your identity and the family relationship. These documents may include:- Proof of your U.S. citizenship or permanent residency (e.g., a birth certificate or green card)
- Proof of the family relationship (e.g., marriage certificate, birth certificates for children, adoption papers)
- Passport-style photos of you and your family member
- Step 2: Complete the Form I-130
The I-130 form asks for detailed information about you and your family member, including personal details, addresses, and information about your relationship. - Step 3: Submit the Petition and Pay Fees
Once your form is complete and your documents are ready, you’ll submit everything to USCIS, along with the filing fee.
What Happens After Filing the I-130 Petition?
Once you submit your petition, the process isn’t over. Here’s what you can expect next:
- Processing Time
Processing times for I-130 petitions can vary, but typically it takes about 6-12 months for USCIS to review your petition and issue a decision. You can check the status of your petition online and receive updates from USCIS. - What to Expect After Approval
If USCIS approves your I-130 petition, your family member will be able to move on to the next stage. For those outside the U.S., this means waiting for a visa to become available and applying for a visa through a U.S. consulate. If your family member is already in the U.S., they may be able to adjust their status to permanent resident without leaving the country. - Request for Evidence (RFE)
Sometimes USCIS needs additional information to complete its review. If that happens, they will issue a Request for Evidence (RFE). This is not unusual, and it’s important to respond quickly with the required documentation.
Common Issues and How We Can Help
Filing the I-130 petition can be complicated. Some common issues that arise during the process include incomplete forms, missing documents, and errors in the information provided. These issues can lead to delays or even denials.
At Zepeda Law Firm, we assist clients through every step of the I-130 petition process, ensuring that your forms are filled out correctly and that all required documents are included. Our experience can help avoid unnecessary mistakes and streamline your petition.
Getting Started with Your I-130 Petition
The I-130 petition is a critical first step in bringing your loved one to the U.S. If you’re ready to begin your petition or if you need help at any stage, we are here to guide you. Contact Zepeda Law Firm today, and let us help you start the journey of family reunification.