As U.S. immigration attorney at SJ Law Experts, I often guide clients through the intricate process of filing Form I-130, the Petition for Alien Relative. This form is a critical first step for U.S. citizens and lawful permanent residents (LPRs) who wish to bring their family members to the United States. In this article, U.S. immigration attorney will explore the purpose of the I-130 petition, the application process, and how our team can provide expert assistance throughout this journey.
An Overview of I-130 Petition by the U.S. Immigration Lawyer
The I-130 petition is a formal request submitted to U.S. Citizenship and Immigration Services (USCIS) by a U.S. citizen or LPR to establish the existence of a qualifying family relationship with a foreign national relative. The approval of an I-130 petition is a prerequisite for the relative to apply for a Green Card, which grants lawful permanent residency in the U.S. The I-130 serves two primary functions:
1. Establishing Family Relationship: The petition helps confirm that a genuine family relationship exists between the petitioner and the beneficiary (the relative seeking a visa).
2. Starting the Immigration Process: Once the I-130 is approved, it initiates the process for the relative to apply for a visa or adjust their status, depending on whether they are already in the U.S. or applying from abroad.
Who Can File an I-130 Petition?
- U.S. Citizens: Can petition for their spouses, children, parents, and siblings.
- Lawful Permanent Residents: Can petition for their spouses and unmarried children.
It is essential to understand that the type of family relationship impacts the processing time and visa availability. Immediate relatives (spouses, parents, and children under 21 of U.S. citizens) generally have no waiting period, while family preference categories (like siblings or adult children) may face longer waits due to annual caps.
Guidance from a U.S. Immigration Lawyer for the I-130 Petition
- Complete Form I-130: The petitioner must fill out Form I-130, providing information about themselves and their relative, including details about their relationship.
- Supporting Documents: The petition must be accompanied by evidence proving the family relationship. This may include marriage certificates, birth certificates, and other relevant documents. It’s vital to ensure that all documents are properly formatted and translated, if necessary.
- Petition: The completed I-130 form, along with supporting documents and the required filing fee, must be submitted to USCIS. The address for submission varies based on the petitioner’s location.
- USCIS Processing: After submission, USCIS will review the petition. Processing times can vary widely, ranging from a few months to over a year, depending on the workload and specific circumstances.
- Receive Decision: USCIS will send a notice of approval or denial. If approved, the case will move to the National Visa Center (NVC) if the beneficiary is abroad or proceed to the next step in adjustment of status if they are in the U.S.
- Follow Up: If the petition is approved, the beneficiary will either attend an interview at a U.S. consulate abroad or adjust their status within the U.S., which may involve additional forms and an interview.
Filing an I-130 petition is a crucial step in reuniting families and bringing loved ones to the United States. While the process can be intricate, the U.S. immigration attorneys at SJ Law Experts are dedicated to guiding you through every stage with expertise and care. If you have questions about the I-130 petition or need assistance with your application, contact us today. Your family’s future is our priority, and we are here to help you achieve your immigration goals. Our U.S. immigration lawyers can be contacted at +92 335 411 2288.
