Form I-130, officially titled the “Petition for Alien Relative,” is a document used by United States citizens and lawful permanent residents (green card holders) to petition for certain qualified relatives to come to the United States as immigrants or to adjust their status if they are already in the United States.
The primary purpose of Form I-130 is to establish the qualifying family relationship between the petitioner (the U.S. citizen or green card holder) and the beneficiary (the foreign relative seeking immigration benefits). This form is typically used to sponsor immediate relatives (spouses, parents, and unmarried children under 21) as well as other family members in different preference categories (such as siblings and married children of U.S. citizens).
Once the Form I-130 is approved by U.S. Citizenship and Immigration Services (USCIS), the beneficiary may be eligible to apply for an immigrant visa or adjust their status to become a lawful permanent resident of the United States. The specific procedures and eligibility criteria can vary depending on the relationship between the petitioner and beneficiary and the beneficiary’s current immigration status.
It’s important to note that filing Form I-130 is usually just the first step in the immigration process for family members, and additional forms and steps are often required to complete the immigration process. Additionally, immigration laws and policies may change over time, so it’s important to refer to the USCIS website or consult with an immigration attorney for the most up-to-date information and guidance.
Form I-130 is approved. What to do next?
Once Form is approved by the U.S. Citizenship and Immigration Services (USCIS), the next steps in the immigration process depend on the specific circumstances of the beneficiary (the foreign relative seeking immigration benefits) and the petitioner (the U.S. citizen or green card holder). Here are the general steps that follow the approval of Form I-130:
- Visa Bulletin Check: The U.S. Department of State publishes a Visa Bulletin each month, which provides information on when immigrant visas (green cards) are available for individuals in different preference categories based on their relationship to the petitioner and their country of origin. You will need to check the Visa Bulletin to determine if a visa is immediately available for the beneficiary. Immediate relatives of U.S. citizens typically have visas available right away, while other family preference categories may have waiting periods.
- Consular Processing or Adjustment of Status:
- If the beneficiary is outside the United States: If a visa is immediately available, the beneficiary will go through consular processing at the U.S. embassy or consulate in their home country. This involves submitting additional forms and documents, attending an interview, and undergoing medical examinations. If approved, they will receive an immigrant visa to enter the United States.
- If the beneficiary is already in the United States: If the beneficiary is eligible to adjust their status, they can file Form I-485, the “Application to Register Permanent Residence or Adjust Status,” with USCIS. This allows them to become a lawful permanent resident (green card holder) without leaving the United States. They may also need to file for an employment authorization document (EAD) and a travel document (advance parole) while their adjustment of status application is pending.
- Affidavit of Support: The petitioner may need to file an Affidavit of Support (Form I-864) to demonstrate their ability to financially support the beneficiary in the United States.
- Attend Required Interviews: Depending on the specific circumstances, the beneficiary and the petitioner may be required to attend interviews at a USCIS office or U.S. embassy/consulate as part of the immigration process.
- Medical Examination and Vaccinations: Beneficiaries going through consular processing will typically need to undergo a medical examination and receive required vaccinations from an approved panel physician.
- Visa Issuance or Adjustment of Status Approval: Once all required steps are completed and USCIS or the U.S. embassy/consulate is satisfied with the documentation and interviews, the beneficiary will either receive an immigrant visa (if going through consular processing) or an approval notice for their adjustment of status application (if adjusting status in the U.S.).
- Entry to the United States (if applicable): If the beneficiary received an immigrant visa, they can use it to enter the United States. If they adjusted their status in the U.S., they are already in the country as a lawful permanent resident.
It’s essential to follow the specific instructions provided by USCIS or the U.S. embassy/consulate, as the process can vary depending on the beneficiary’s relationship to the petitioner, country of origin, and other factors. Consulting with an immigration attorney can be helpful to navigate the process correctly and ensure compliance with immigration laws and regulations.
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