A Form I-130 is a Petition for Alien Relative filed through the United States Citizenship and Immigration Services (USCIS). The form can be filed by either a U.S. Citizen or Lawful Permanent Resident (Green Card Holder) which establishes a valid family relationship. It is the first step in helping immediate relatives immigrate to the United States. U.S. Citizens over the age of 21 are allowed to file an I-130 for the following immediate relatives:
- Brothers and Sisters
A Green Card Holder over the age of 21 may file a Form I-130 for the following immediate foreign relatives:
How Much Does a Form I-130 Petition Cost?
When the U.S. citizen or Green Card Holder petitioner files a Form I-130, they must include a $535 filing fee which is payable to the U.S. Department of Homeland Security. Depending on the category, that the immediate relative falls under, one filing fee may be sufficient to include multiple family relatives while in other categories, separate filing fees are required for each relative.
In addition to the signed form and accompanying filing fees, supplemental documentation is also required. This includes passport size photos of the petitioner and immediate relative beneficiary, copy of U.S. Passport or Green Card of the petitioner, and other documentation needed to establish a family relationship.
Where Can I get a Form I-130 Petition?
The form can be downloaded online at https://www.uscis.gov/i-130.
Where Do I Submit My Form I-130 Petition?
A petition can either be submitted online or mailed to one of three USCIS lockbox facilities in either Arizona, Texas, or Illinois. Submitting through a lockbox facility also depends on whether the file is being sent via courier such as FedEx as well as whether the petitioner is filing a stand alone I-130, residing outside the United States or filing an I-130 jointly with an I-485 Application to Adjust Status.
When is the Best Time to Submit a Form I-130 Petition?
A petition can be submitted at any time during the year. The sooner an I-130 Petition is filed with USCIS, the quicker it will be processed based on the priority date.
Who Submits the Form I-130 Petition to the USCIS?
The U.S. Citizen or Green Card Holder will file the Form I-130 Petition.
How Long Does a Form I-130 Petition Take to Process?
Petitions are processed on a first-come, first-served basis. In general, a petition can be processed in as little as a few months. An I-130 submitted with errors can result in delays and possibly a rejection. Please contact us directly to arrange a consultation to ensure your petition is complete in order to improve your chances for a quick and successful filing.
For more information on filing a Form I-130, contact us today at firstname.lastname@example.org and speak with a U.S. immigration attorney based in Ho Chi Minh City, Manila and Taipei.
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Copyright 2021. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
Updated: 9th March 2021