What is Form I-130?
Form I-130 is an immigration petition filed with the United States Citizenship and Immigration Services (USCIS). It is officially known as the “Petition for Alien Relative.” The purpose of Form I-130 is to establish a qualifying relationship between a U.S. citizen or a lawful permanent resident (green card holder) and a foreign national relative who wishes to immigrate to the United States.
The I-130 petition is typically used to sponsor the following relatives for a green card:
- Spouse of a U.S. citizen or lawful permanent resident.
- Unmarried children (under 21 years of age) of U.S. citizens.
- Unmarried sons or daughters (over 21 years of age) of U.S. citizens.
- Married sons or daughters of U.S. citizens.
- Brothers or sisters of U.S. citizens who are at least 21 years old.
- Spouse of a deceased U.S. citizen (widow or widower).
As the petitioner, you must be a U.S. citizen or a lawful permanent resident to file Form I-130. If the petition is approved, it serves as the initial step in the family-based immigration process, allowing the foreign national relative to pursue lawful permanent resident status (green card) in the United States.
Keep in mind that immigration laws and forms are subject to change, so it’s essential to visit the USCIS website or consult an immigration attorney for the most up-to-date information and instructions related to Form I-130.
Who needs to file Form I-130?
Form I-130, the “Petition for Alien Relative,” needs to be filed by a U.S. citizen or a lawful permanent resident (green card holder) who wants to sponsor a qualifying relative for immigration to the United States. The petitioner must be a close family member of the foreign national relative they wish to sponsor. The following relationships can be sponsored through Form I-130:
- Spouse of a U.S. citizen or lawful permanent resident.
- Unmarried children (under 21 years of age) of U.S. citizens.
- Unmarried sons or daughters (over 21 years of age) of U.S. citizens.
- Married sons or daughters of U.S. citizens.
- Brothers or sisters of U.S. citizens who are at least 21 years old.
- Spouse of a deceased U.S. citizen (widow or widower).
It’s important to note that only U.S. citizens can sponsor their siblings (brothers or sisters) for a green card through Form I-130. Lawful permanent residents do not have the ability to sponsor siblings, but they can sponsor their spouses and unmarried children.
If you are a U.S. citizen or a lawful permanent resident and have a qualifying family member you want to bring to the United States, you may need to file Form I-130 to begin the family-based immigration process. Once the petition is approved, the foreign national relative can then apply for a green card and lawful permanent resident status.
How to fill out Form I-130?
Filling out Form I-130 can be a complex process, and it’s essential to ensure that it is completed accurately and thoroughly. Please note that USCIS forms and processes might have changed since then, so always refer to the USCIS website or consult with an immigration attorney for the most up-to-date information.
Step 1: Download the Form Visit the USCIS website (uscis.gov) and download the latest version of Form I-130.
Step 2: Read the Instructions Read the instructions provided with the form carefully. The instructions will guide you through the process and provide information about who is eligible to file the form and what documents are required.
Step 3: Gather Supporting Documents Collect all necessary supporting documents, which may include evidence of the petitioner’s U.S. citizenship or green card status, proof of the family relationship, and any required translations or supporting affidavits.
Step 4: Complete the Form Fill out the form accurately and completely. Provide the required information about both the petitioner (U.S. citizen or green card holder) and the beneficiary (the relative being sponsored). Make sure to use black ink and write legibly.
Step 5: Sign the Form The petitioner must sign and date the form in the designated areas.
Step 6: Pay the Filing Fee Include the appropriate filing fee along with the form. Check the USCIS website for the current filing fee and acceptable payment methods.
Step 7: Mail the Form Mail the completed Form I-130, along with the supporting documents and filing fee, to the USCIS address specified in the instructions.
Step 8: Wait for Processing After USCIS receives the form, they will process it and notify you of the decision. If the petition is approved, the foreign national relative will then proceed with the appropriate steps in the immigration process, which may involve applying for a green card or immigrant visa.
It’s important to remember that any errors or omissions on the form can lead to delays or denials, so it’s best to seek assistance from an immigration attorney or accredited representative if you have any doubts or questions during the process.
Who needs to fill out Form I-130?
Form I-130 is filled out and submitted by a U.S. citizen or a lawful permanent resident (green card holder) who wishes to sponsor a qualifying family member for immigration to the United States. The petitioner must be a close family member of the foreign national relative they want to sponsor.
The following relationships can be sponsored through Form I-130:
- Spouse of a U.S. citizen or lawful permanent resident.
- Unmarried children (under 21 years of age) of U.S. citizens.
- Unmarried sons or daughters (over 21 years of age) of U.S. citizens.
- Married sons or daughters of U.S. citizens.
- Brothers or sisters of U.S. citizens who are at least 21 years old.
- Spouse of a deceased U.S. citizen (widow or widower).
If you are a U.S. citizen or a lawful permanent resident and have a qualifying family member you want to bring to the United States, you may need to fill out and submit Form I-130 to initiate the family-based immigration process. Once the petition is approved, the foreign national relative can then apply for a green card and lawful permanent resident status.
