Form I-130, Explained - Petition For Alien Relative

July 5, 2024, 12:52 pm

You can also file Form I-130 by mail. I-130 interview was completed and my case must be reviewed for a. Family Preference Outside the United States. Then, NVC will begin collecting fees, forms, and documents from the petitioner and beneficiary. Form I-864 is a legal document that requires the US petitioner to support the beneficiary to avoid them using public assistance financially. A spouse, if you and your spouse were not both physically present at the marriage ceremony.

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However, there is also a chance that officials may deny an I-130 petition if some supporting documents are missing. And the NVC will eventually coordinate the transfer of your case to the U. consulate in the country where you reside. If you liked this video, we ask that you please share that on social media and that you subscribe to our YouTube channel. The I-551 stamp on their passport is valid for 1 year so that they can enter and exit the USA during that period without a physical Green Card at hand. Having a police record can make things more complicated, but does not necessarily lead to a green card denial. If you are a U. citizen, you can file Form I-130 for each of your eligible relatives. Citizen filing for a brother or sister||California Service Center||104. USCIS will automatically send cases to the National Visa Center (NVC) after form I-130 is approved. Check out the Visa Bulletin to learn more about the current wait times for specific green card categories. If your family member will not adjust their status, they will instead receive their Green Card through a U. consulate. Officially called "Petition for Alien Relative, " Form I-130 is the first step in a family member's immigration process. Form I-130 is the first step to helping a relative apply for a green card if you are a U. 10 Steps to Undertake After Your I-130 Petition Is Approved | HLG. citizen or permanent resident and you want to prove that you are related to someone who is eligible for permanent residency. The result has been fewer green cards issued and and increasing backlog. The Visa Bulletin is a monthly publication that provides updated monthly numbers of the list of applicants and the "current" priority date for those applicants.

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Orphan adopted abroad by a U. citizen. When the visa number becomes available, the National Visa Center informs the foreign national to proceed with consular processing (or adjustment of status if already inside the United States). I-130 interview was completed and my case must be reviewed say. For most people petitioning with I-130, USCIS will invite the sponsor and the relative seeking a green card to attend an interview. Evidence of family relationship, for example through a marriage certificate or birth certificate. Let's talk about the I-485 Interview Notice. Notice of Approval, What Now. The person asked, " Jim, I received my green card interview date notice, my I-485 Interview Notice, but it doesn't say anything about the I-130. No, the thing is that your I-130 and your I-485 will be adjudicated together.

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Click here to schedule a consultation with the law office of Kathryn N. Karam: You will pay the Immigrant Visa Application Processing Fee and Affidavit of Support Fee. What happens if my Form I-130 is denied? These fees are nonrefundable regardless of the outcome of your I-485 application and are subject to change. If you are in the United States after USCIS approves the I-130 petition, you'll probably want to file an adjustment of status package. Can I expedite processing for Form I-130? The I-130 petition is the basis for your spouse's application for the green card. There are lots of reasons a marriage-based green card case might not be successful. You are in a Family Preference category if you have one of the following relationships: Unmarried, adult son or daughter (age 21 or over) of a U. I-130 interview was completed and my case must be reviewed due. citizen. We will notify you by mail as soon as the review is completed and a decision is made. However, there are two exceptions to this rule: - Current filing is allowed for all immediate relatives of U. citizens because there is an unlimited number of visas for this group; and. Form I-130, Petition for Alien Relative. In most cases, Family Preference applicants use consular processing to apply for a green card. You may be the agent, or you may select the petitioner, family member or other person that you trust to be your agent.

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Once the form is submitted, you will receive a receipt notice, usually about 2-4 weeks after submission. Where you must send your I-130 petition depends on where you live and whether you're filing just an I-130 (officially called a "standalone" I-130) or filing an I-130 with an I-485 green card application, or "Application to Register Permanent Residence or Adjust Status, " at the same time (officially called a "concurrent filing"). A spouse, if you married your spouse while he or she was part of any immigration court proceedings (a hearing in an immigration court for someone facing deportation, or, more formally, "removal"). Depending on which state you live in and whether or not your relative is filing Form I-485 as well, USCIS will require you to send to either the Dallas, Chicago or Phoenix Lockbox. National Visa Center Processing (Consular Processing). Your I-130 petition has been approved. Updated on 07/23/2022. Post-interview: "I-130 case must be reviewed" update, 2 seconds later "We ordered your new card" - Adjustment of Status from Work, Student, & Tourist Visas. An immediate relative is defined as your spouse, unmarried child under the age of 21 or parent.

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Fourth Preference: Brothers and sisters, their spouses, and minor children of adult U. citizens (65, 000 visas allowed). If there is interview notice, you will need to accompany them to the interview. Once the I-130 has been approved, your relative can apply for their green card. If you do not respond, or your response is deemed insufficient, your I-130 petition will be denied. You can file Form I-130 either online or via mail. After I-130 is Approved, What's Next. It may seem a bit overwhelming, but most people with straightforward cases can prepare the application package without the assistance of an attorney. Spouse of a U. citizen. Be granted (or denied) a green card.

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You have filed form I-130 on behalf of a family member – your spouse, child, parent or sibling. What does an immediate relative do after Form I-130 approval? Travel abroad for less than one year. Now what comes next? On the other hand, individuals in the Family Preference category will generally wait many months, and often several years, before an immigrant visa number is available. One common reason you might not be eligible to file the I-485 is if you did not enter the United States lawfully. I get it, this is your future that is on the line, and you really want to get this right. The government filing fee for an I-130 petition is currently $535. The waiting period may look tough, but it's only a small period of time in your life when you think about all the benefits you will get through it. From here, it will be processed at any of USCIS' five service centers. What are the fees for the I-130?

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The Family Preference category has a cap on the total number of immigrant visas that can be issued each year. It doesn't mean that your I-130 was denied, nor does it mean it was approved. Medical examination and vaccination are common for anyone who seeks permanent resident status through Form I-485. Unless you're the spouse, parent, or unmarried child (under age 21) of a U. citizen (who gets to skip the line entirely), your place in line is determined by your "priority date, " which is simply the date that USCIS received your I-130 petition. This is known as consular processing.

Proof of name changes for the sponsor and/or the person seeking a green card, if any. This is so they can run background and security checks. The I-130 petition is marriage-based piece of the process. Embassy or Consultant, or file online with SelfLawyer; and. Otherwise, you'll need to obtain other records (for example, a baptismal certificate or school records) showing the facts of your birth or written statements from relatives who can attest to those facts. Will Form I-130 still be approved if either myself or my relative has a criminal record?

The table below is taken from the August 2022 Visa Bulletin. Do not forget to pay an immigrant fee so that a lawful permanent residency card (Green Card) can be mailed to them after they land on the United States with the immigrant visa. If you entered with a valid visa, but that visa has since expired, you still had a lawful entry. This includes your spouse, your children, your siblings, and your parents. After checking my status online, this is what was written. This is an optional form used to request an advance parole travel document, a necessary document to re-enter the U. S. Supporting Documents. That could be if the person is overseas, which is pretty rare. If you were previously married, you must show all prior marriages have ended, either through divorce, annulment, or if your former spouse is deceased. Submitting Form DS-260 does not start the visa application. Married children of U. citizen. The fees associated with consular processing are: - Form DS-260, Immigration Visa Application Fee — $325; - Form I-864, Affidavit of Support Fee — $120; and. In addition to your prepared form, CitizenPath provides you with a set of personalized filing instructions.

Your Priority Date is the date your I-130 petition was filed.