It’s widely known that the United States is the land of opportunity. Along with the freedoms and benefits of being a naturalized citizen or permanent lawful resident, one that stands out is the power to petition to bring your immediate family into the country. Filing a Petition for Alien Relative is a way to fast-track your loved one to obtain a green card.
This important step to reuniting with your family in the U.S. shouldn’t be taken lightly. Unfortunately, USCIS forms can be confusing. A small mistake or omission can significantly delay processing. To ensure that Form I-130 is accepted and approved, it’s crucial that you understand how the process works. In this overview, we’ll tell you everything you need to know about the Petition for Alien Relative process.
What Is Form I-130?
USCIS Form I-130, also called the “Petition for Alien Relative,” is used by citizens of the United States or permanent residents to help a family member get a green card. By filing this form, you’re asking the U.S. government to recognize your family relationship and allow your relative to apply for legal residency in the U.S. It’s the first step in the process of bringing a spouse, child, parent, or sibling to live in the United States permanently.
Filing Form I-130 is beneficial because it allows families to be reunited in the United States. Once the petition is approved, your close family member can move forward with their green card application. This helps ensure families can live together legally in the U.S. and gives them the chance to build a life here with full residency rights.
Unfortunately, filing this form isn’t free. Petitioners will need to pay $675 to file the form. This fee is required when you submit the form to help a family member obtain a visa or green card. The filing fee is non-refundable, even if the petition is denied, so it’s important to fill out the form accurately. If you’re submitting multiple I-130 forms for different family members, you’ll need to pay the fee for each form separately.
Who Is Eligible?
To file the Petition for Alien Relative (USCIS Form I-130), you must be a citizen of the United States (either through birthright or naturalization) or a lawful permanent resident (green card holder). This form allows you to help certain family members get a green card to live in the U.S. permanently. Only close family members are eligible for this petition.
Here are the family members you can petition for:
If you are a U.S. citizen:
- Spouse
- Children (unmarried and under 21)
- Unmarried children (21 or older)
- Married children
- Parents (if you are at least 21)
- Siblings (if you are at least 21)
If you are a green card holder:
- Spouse
- Unmarried children (any age)
Birthright citizens or those who have been naturalized can petition for a much wider range of family members. The eligible relatives of green card holders are a bit narrower in scope.
Not everyone can get a green card just because they have a family member who is a U.S. citizen or green card holder. Some relatives are not eligible, even if their family member files a petition for them. For example:
- Distant relatives: Grandparents, aunts, uncles, cousins, and in-laws are not eligible for a family-based green card.
- Legal issues: People who have committed serious crimes or have immigration violations may not be eligible.
How to File Form I-130
Filing USCIS Form I-130 is the first step to helping a family member get a green card to live in the U.S. This form shows the U.S. government that you have a qualifying relationship with your family member. Here’s a simple guide on how to file the form and what you need to do.
- Download the Form: Go to the USCIS website and download Form I-130, or request a copy by mail.
- Complete the Form: Fill out all sections of the form with accurate information about you and your relative.
- Gather Supporting Documents: Collect documents like proof of your citizenship or residency, proof of your relationship (marriage or birth certificates), and photos.
- Pay the Filing Fee: Depending on your submission method, you can pay the required fee online or by mail.
- Submit the Form: Mail the completed form and supporting documents to the appropriate USCIS address or file online if eligible.
- Wait for Confirmation: After submission, you’ll get a receipt notice from USCIS confirming they’ve received your application.
Financial Responsibilities of the Petitioner
When filing Form I-130, the petitioner (the U.S. citizen or green card holder) must show they are financially able to support the family member they are sponsoring. To do this, the petitioner usually needs to submit an Affidavit of Support (Form I-864). This document proves that the petitioner has enough income or assets to support their family member at or above 125% of the U.S. poverty level, so the sponsored person won’t need government assistance.
If the petitioner’s financial situation changes after filing the form, such as losing a job or having a significant drop in income, they may need to find a joint sponsor. A joint sponsor is another person who agrees to meet the financial requirements and will also submit an Affidavit of Support. This can help ensure the immigration process keeps moving forward, even if the original petitioner cannot fully support the family member. If the petitioner gains new income or assets, they can update this information to strengthen their support claim.
What Happens After Form I-130 Is Approved?
After Form I-130 is approved, it means the U.S. government recognizes the relationship between you and your family member. However, it doesn’t mean they get a green card right away. The next steps depend on whether your family member is in the U.S. or in another country and if a visa is available for them.
- If your family member is inside the United States, they can apply for a green card (Adjustment of Status, Form I-485) once a visa becomes available.
- If your family member is outside the country, they will need to go through consular processing. This means they will apply for an immigrant visa at the nearest United States consulate or embassy in their country. Once they get the visa, they can enter the U.S. as permanent residents.
In both cases, the wait time for the next steps will depend on your family member’s visa category and whether visas are currently available for that category.
Common Errors When Filling Out Form I-130
Filing Form I-130 is an important step in helping your family member get a green card. However, mistakes or missing information will most likely cause some delays or could even lead to the application being rejected. It’s important to know common problems that people face and how to avoid them.
Incomplete Form
- Solution: Double-check that all sections are filled out. Make sure all the questions are answered and supply all the required documents.
Missing Supporting Documents
- Solution: Include the required documents, such as proof of your U.S. citizenship or green card and relationship proof (like a birth certificate or marriage certificate).
Incorrect Fee Payment
- Solution: Before sending your application, double-check the correct filing fee on the USCIS website. Make sure to pay the exact amount.
Address or Contact Information Errors
- Solution: Ensure all addresses and contact details are current and correct. This helps avoid delays if USCIS needs to reach you.
Not Signing the Form
- Solution: Always sign the form before submitting it. Unsigned forms will be rejected and delay processing.
Not Checking USCIS Processing Updates
- Solution: Keep an eye on the status of your petition through the USCIS case status tool and respond quickly to requests for more information or documents.
While you are most likely excited to have the power to petition for your immediate family to obtain green cards quickly, don’t let this excitement cause you to make easily avoidable mistakes. When filling out the form, take your time and double-check it for accuracy.
Help Your Immediate Family Obtain Residency by Filing Form I-130
Filing Form I-130 can be a straightforward process that helps bring your immediate family closer to you in the United States. This form allows United States citizens (birthright and naturalized) and green card holders to sponsor their family members for permanent residency, making it a vital step in reuniting families. The application can be submitted online or by mail, and many resources are available to help guide you through each step, making the process less overwhelming.
The benefits of filing Form I-130 are significant. Once approved, your family member can apply for a green card, giving them the right to live and work in the U.S. This strengthens family bonds and provides your loved ones with access to better opportunities. Additionally, having family in the U.S. can lead to a more stable and supportive environment, which is essential for everyone’s well-being. With the right guidance and preparation, you can help your family navigate the immigration process successfully.
