I-130,Petition For Alien Relative

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I-130 Form, Explained

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The I-130 form is officially called the Petition for Alien Relative, which states that there is a valid family relationship between a United States citizen or a Green Card holder and a person seeking a green card.

Following two steps can make you understand more about I-130, Petition for Alien Relative.

First Step: You as a Petitioner (Sponsor) have to Submit Form I-130 is the first step in helping an eligible relative apply to immigrate to the U.S and get Green Card. The Filing I-130 or approval of this petition does not permit your relative any status or immigration benefit.

Second Step: The USCIS will approve your I-130 application if you can prove a relationship between you and your relative, which will qualify him/her to migrate to the U.S.Once USCIS approve the I-130 petition, your relative can apply to become a lawful permanent resident (LPR). If your relative qualifies as an immediate relative, visa number are always available for them.Certain relatives have to wait a longer period until a visa number is available before they can apply. The Visa petition categories like F2A,F2B, F3 and F4 has limited visa numbers for each country.

Check USCIS Processing Times
Check Visa Numbers
USCIS Visa Fee

Note

If your relative is already in the U.S and a visa is available, then your relative can file I-485, Application for Adjust Status to get their Green Card but your relative must be eligible for filling adjustment of status. If your relative is not eligible to get their Green Card in the U.S by filing I-485 (Adjustment of status), or if your relative lives outside the U.S, they may apply for an immigrant visa with the U.S Department of State at the U.S Consulate or Embassy in their country. For more information on ineligibility, call or email us.

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If your relative is already in the U.S and a visa is available, then your relative can file I-485, Application for Adjust Status to get their Green Card but your relative must be eligible for filling adjustment of status. If your relative is not eligible to get their Green Card in the U.S by filing I-485 (Adjustment of status), or if your relative lives outside the U.S, they may apply for an immigrant visa with the U.S Department of State at the U.S Consulate or Embassy in their country. For more information on ineligibility, please call our office or email us info@f4india.com

I-130 PROCESSING TIME

APPROXIMATELY 5 MONTHS TO 10 YEARS (DEPENDING ON CATEGORY)

Category Eligibility Annual Quota Estimated Wait Time
IR Immediate Relative: Spouse, minor children, and parents of U.S. citizens No numerical limit None (There is no quota for theimmediate relative visa category, but itmay take 6-12 months for USCIS toapprove the Form I-130.)
F1 Family Preference: Unmarried sons and daughters (21 years ofage or older) of U.S. citizens 23,400 7 years ( Some countries like China,India, Mexico and Philippines may havesignificantly longer wait times
F2 Family Preference: Unmarried sons and daughters (21 years of age or older) of U.S. citizens 114,200
F2A: Spouse and minor children (under 21 years old) None. (It may take 6-12 months forUSCIS to approve the Form I-130
F2B: Unmarried sons and daughters (21 or older) 5-6 years
F3 Family Preference: Married sons and daughters of U.S. citizens 23,400 12-13 years
F4 Family Preference: Brothers and sisters of U.S. citizens 65,000 13-14 years

Within each category, USCIS processes the I-130 petition on a first-come, first-served basis. It is important to get onto this wait list early. It is extremely important that the petitioner file a well-prepared Form I-130 package that is free of errors and inconsistencies

USCIS*: U.S. Citizenship and Immigration Services (USCIS) is the federal agency that oversees lawful immigration to the United States. USCIS is a component of the Department of Homeland Security. Some of the services they provide include citizenship, immigration of family members, working in the U.S., humanitarian programs, and adoptions.

NVC*: The National Visa Center (NVC) is a center that is part of the U.S. Department of State that plays the role of holding United States immigrant visa petitions (as well as Form I-129F petitions for K-1/K-3 visas) approved by the United States Citizenship and Immigration Services until an immigrant visa number becomes current.

Form I-130 (Sample)

Receipt Notice I-130 (Sample)