- Who can be sponsored as a beneficiary? - What are the different categories of family preference visas? H2: How to Fill Out the I-130 Form - What information and documents do you need to complete the form? - How to answer each part of the form? - How to sign and date the form? H2: How to Submit the I-130 Form - Where and how to file the form online or by mail? - How much is the filing fee and how to pay it? - How to check the status of your petition? H2: What Happens After Filing the I-130 Form - How long does it take to process the form? - What are the next steps for your relative to apply for a green card? - What are some common reasons for denial or delay of the petition? H1: Conclusion Summary: Recap the main points of the article and provide some tips and resources for further guidance. Table 2: Article with HTML formatting How to Download the I-130 Form
If you are a U.S. citizen or a lawful permanent resident (green card holder) and you want to help your relative immigrate to the United States, you need to file Form I-130, Petition for Alien Relative. This form establishes that you have a valid family relationship with your relative and that you are willing to sponsor them for a green card. In this article, we will explain how to download, fill out, and submit the I-130 form, as well as what to expect after filing it.
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Eligibility Requirements for Filing the I-130 Form
Before you download and file the I-130 form, you need to make sure that you and your relative meet the eligibility requirements. Here are some questions to consider:
Who can file the I-130 form as a petitioner? You can file the I-130 form if you are a U.S. citizen or a lawful permanent resident (LPR) who is at least 18 years old and has a domicile (permanent home) in the United States or a U.S. territory.
Who can be sponsored as a beneficiary? You can sponsor your spouse, child, parent, or sibling as a beneficiary of the I-130 form. However, some relatives have higher priority than others when it comes to getting a green card. The U.S. government limits the number of green cards available each year for certain categories of relatives, while others have no limit.
What are the different categories of family preference visas? Depending on your relationship with your relative, they may fall into one of these categories:
Immediate relatives: These include spouses, unmarried children under 21, and parents of U.S. citizens. There is no limit on the number of green cards available for this category, so they can apply for a green card as soon as their I-130 petition is approved.
First preference (F1): These include unmarried children over 21 of U.S. citizens. There is a limit on the number of green cards available for this category, so they may have to wait for several years before they can apply for a green card.
Second preference (F2): These include spouses and unmarried children (under 21 or over 21) of LPRs. There is also a limit on the number of green cards available for this category, so they may also have to wait for several years before they can apply for a green card.
Third preference (F3): These include married children of U.S. citizens. There is also a limit on the number of green cards available for this category, so they may have to wait even longer before they can apply for a green card.
Fourth preference (F4): These include siblings of U.S. citizens who are at least 21 years old. There is also a limit on the number of green cards available for this category, so they may have to wait the longest before they can apply for a green card.
To check the current waiting times for each category, you can visit the published by the U.S. Department of State every month.
How to Fill Out the I-130 Form
Once you have determined that you and your relative are eligible to file the I-130 form, you can download it from the . The form is 12 pages long and consists of seven parts. You will need to provide information and documents about yourself, your relative, and your relationship. Here are some tips on how to fill out each part of the form:
Part 1: Relationship: This is where you indicate your relationship with your relative. You will need to select one of the options from the list and provide some basic information about yourself and your relative, such as name, date of birth, country of birth, and address. You will also need to indicate whether you are filing for more than one relative. If so, you will need to file a separate I-130 form and fee for each relative.
Part 2: Information About You (Petitioner): This is where you provide more details about yourself, such as your citizenship status, social security number, alien registration number (if applicable), marital history, and contact information. You will also need to answer some questions about your immigration history, such as whether you have ever filed a petition for another relative, whether you have ever been deported or removed from the U.S., and whether you have ever been convicted of a crime.
Part 3: Biographic Information About You (Petitioner): This is where you provide some biographic information about yourself, such as your ethnicity, race, height, weight, eye color, and hair color. You will also need to indicate whether you have ever used any other names or aliases.
Part 4: Information About Your Relative (Beneficiary): This is where you provide more details about your relative, such as their citizenship status, social security number (if applicable), alien registration number (if applicable), marital history, and contact information. You will also need to answer some questions about their immigration history, such as whether they are currently in the U.S., whether they have ever been deported or removed from the U.S., and whether they have ever been convicted of a crime.
Part 5: Biographic Information About Your Relative (Beneficiary): This is where you provide some biographic information about your relative, such as their ethnicity, race, height, weight, eye color, and hair color. You will also need to indicate whether they have ever used any other names or aliases.
Part 6: Other Information: This is where you provide some additional information about yourself and your relative, such as whether you or your relative have ever been a member of a communist party, a terrorist organization, a military unit, or a paramilitary unit. You will also need to indicate whether you or your relative have ever participated in any genocide, torture, killing, or persecution of any person based on their race, religion, nationality, political opinion, or social group.
Part 7: Signature: This is where you sign and date the form under penalty of perjury. You will also need to provide your telephone number and email address. If someone helped you fill out the form, they will also need to sign and date the form and provide their contact information.
As you fill out the form, make sure that you answer all the questions truthfully and completely. If any question does not apply to you or your relative, write "N/A" (not applicable) instead of leaving it blank. If you need more space to answer any question, use a separate sheet of paper and write your name and alien registration number (if applicable) at the top of each sheet. Attach the additional sheets to the form when you submit it.
How to Submit the I-130 Form
After you have filled out the I-130 form, you will need to submit it along with the required documents and fees. Here are some steps to follow:
Gather the required documents: Depending on your relationship with your relative, you will need to submit different types of documents to prove your identity, citizenship, and relationship. For example, you may need to submit copies of your birth certificate, passport, green card, marriage certificate, divorce decree, adoption decree, or other official documents. You may also need to submit passport-style photos of yourself and your relative. For a complete list of the required documents for each category of relative, you can visit the .
Pay the filing fee: The filing fee for the I-130 form is $535. You can pay the fee online or by mail using a check or money order. Make sure that you write your name and alien registration number (if applicable) on the check or money order. Do not send cash. If you are filing for more than one relative, you will need to pay a separate fee for each relative.
File the form online or by mail: Depending on your situation, you may be able to file the form online or by mail. To file online, you will need to create an account on the or on the instructions that come with the form.
Check the status of your petition: After you have filed the form, you will receive a receipt notice from USCIS with a tracking number. You can use this number to check the status of your petition online or by phone. You can also sign up for email or text alerts to get updates on your case.
What Happens After Filing the I-130 Form
Filing the I-130 form is only the first step in helping your relative get a green card. Here are some things to expect after filing the form:
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Processing time: The processing time for the I-130 form varies depending on several factors, such as the category of your relative, the location of your USCIS office, and the volume of applications. It may take anywhere from a few months to several years for USCIS to approve or deny your petition. You can check the current processing times on the .
Next steps: If USCIS approves your petition, they will send you an approval notice and forward your case to the National Visa Center (NVC). The NVC will assign a case number and an invoice number to your case and contact you and your relative with instructions on how to apply for a green card. Your relative will need to complete an online application form, pay an immigrant visa fee, submit additional documents, and attend an interview at a U.S. consulate or embassy in their home country. If everything goes well, they will receive a visa stamp on their passport and be able to enter the U.S. as a permanent resident.
Possible issues: If USCIS denies your petition, they will send you a denial notice with the reason for the denial and information on how to appeal or reopen your case. Some common reasons for denial or delay of the petition include incomplete or incorrect information on the form, missing or insufficient documents, fraud or misrepresentation, criminal history or security concerns, ineligibility or inadmissibility of the petitioner or beneficiary, or failure to respond to requests for evidence or notices from USCIS.
Conclusion
Filing the I-130 form is an important step in helping your relative immigrate to the United States legally. However, it is not a simple or quick process. You need to make sure that you and your relative meet the eligibility requirements, fill out the form correctly and completely, submit it with the required documents and fees, and follow up with USCIS and NVC until your relative gets their green card. You may also want to consult with an immigration lawyer or an accredited representative if you have any questions or issues along the way.
We hope that this article has provided you with some useful information and guidance on how to download and file the I-130 form. If you have any questions or feedback, please let us know in the comments section below. We would love to hear from you and help you with your immigration journey.
Frequently Asked Questions
Here are some common questions and answers about the I-130 form:
Q: Can I file the I-130 form for more than one relative at a time?
A: Yes, you can file the I-130 form for multiple relatives, but you will need to file a separate form and fee for each relative. You can also file the I-130A form, Supplemental Information for Spouse Beneficiary, if you are sponsoring your spouse.
Q: How long does it take to get a green card after filing the I-130 form?
A: The time it takes to get a green card after filing the I-130 form depends on several factors, such as the category of your relative, the availability of visas, the processing times of USCIS and NVC, and the country of origin of your relative. It may take anywhere from a few months to several years for your relative to get their green card.
Q: Can I file the I-130 form if I live outside the U.S.?
A: Yes, you can file the I-130 form if you live outside the U.S., but you will need to prove that you have a domicile (permanent home) in the U.S. or that you intend to establish one before or at the same time as your relative arrives in the U.S. You may also need to file the form at a different USCIS address or through a U.S. consulate or embassy in your country of residence.
Q: Can I file the I-130 form if I am in the U.S. illegally?
A: No, you cannot file the I-130 form if you are in the U.S. illegally. You need to be a U.S. citizen or a lawful permanent resident (LPR) to file the form. If you are in the U.S. illegally, you may be subject to deportation or removal proceedings.
Q: Can I file the I-130 form if my relative is inadmissible to the U.S.?
A: It depends on the reason why your relative is inadmissible to the U.S. Some reasons may be waived or overcome by applying for a waiver of inadmissibility or a hardship waiver. However, some reasons may not be waived or overcome, such as having a criminal conviction for an aggravated felony, being involved in terrorism, or being permanently barred from entering the U.S. due to previous immigration violations. You should consult with an immigration lawyer or an accredited representative if your relative is inadmissible to the U.S.
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