Family Immigration Chronicles: The Form I-130 Edition

Form I-130, officially known as the “Petition for Alien Relative,” is a form used by U.S. citizens or permanent residents to establish the qualifying familial relationship with a foreign national relative who seeks to immigrate to the United States. The primary purpose of Form I-130 is to establish the qualifying family relationship and initiate the process for the foreign national relative to obtain an immigrant visa or green card.

Key points about Form I-130:

• Sponsorship: The form is typically filed by a U.S. citizen or permanent resident (green card holder) on behalf of their qualifying family member.
• Family Relationships: It is used for various family relationships, including spouses, parents, children, and siblings.
• Starting the Immigration Process: Once the I-130 petition is approved, the foreign national relative can then apply for an immigrant visa through consular processing if they are outside the U.S. or adjust their status to that of a permanent resident if they are already in the U.S.
• Conditional Residents: For immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under 21, the process often leads to the issuance of an immigrant visa or adjustment of status without numerical limitations. Other family categories may be subject to visa availability, and there might be waiting periods.
• Supporting Documentation: Along with Form I-130, applicants must submit supporting documentation to prove the claimed relationship, such as birth certificates, marriage certificates, and other relevant documents.

How to Fill Out Form I-130

Filling out Form I-130, the “Petition for Alien Relative,” involves providing accurate and detailed information about both the petitioner (the U.S. citizen or permanent resident filing the petition) and the beneficiary (the foreign national relative). Here’s a general guide on how to fill out Form I-130:

1. Download the Form:

• Visit the official website of U.S. Citizenship and Immigration Services (USCIS) to download the most recent version of Form I-130.

2. Read the Instructions:

• Before you start filling out the form, carefully read the accompanying instructions. The instructions provide important information on eligibility, required documentation, and where to file the form.

3. Complete Sections 1-5:

• Sections 1-5 of the form primarily ask for information about the petitioner, including personal details, contact information, and immigration history. Provide accurate and complete information.

4. Complete Sections 6-10:

• These sections pertain to the beneficiary (the foreign national relative). You will need to provide details such as the beneficiary’s personal information, address, and information about their immigration history.

5. Provide Supporting Documents:

• Include all required supporting documents to prove the relationship between the petitioner and beneficiary. This may include birth certificates, marriage certificates, and other relevant documents. Make sure to provide certified translations for documents not in English.

6. Sign and Date the Form:

• Both the petitioner and any preparer (if applicable) must sign and date the form. Ensure that the signatures are in ink.

7. Pay the Filing Fee:

• Check the USCIS website or the instructions for the current filing fee. Include the correct fee with your application, typically in the form of a check or money order payable to the U.S. Department of Homeland Security.

8. Mail the Application:

• Review the instructions to determine the appropriate address for filing your Form I-130. Include all required documents and fees and send the application by mail.

9. Check Case Status:

• After filing, you can check the status of your case on the USCIS website using the receipt number provided on your filing receipt.

10. Attend Any Scheduled Interviews:

• Depending on the circumstances, USCIS may schedule an interview for the petitioner and beneficiary. Attend any scheduled interviews and bring any requested documents.

It’s important to note that immigration processes can be complex, and requirements may vary based on individual circumstances. If you have any doubts or need clarification, consider seeking assistance from an immigration attorney or a reputable immigration service to ensure accuracy and compliance with current immigration laws and procedures.

Form I-130 Checklist of Required Documents

When filing Form I-130, the “Petition for Alien Relative,” it’s crucial to include the necessary supporting documents to establish the qualifying family relationship. The specific documents required may vary depending on the relationship between the petitioner (U.S. citizen or permanent resident) and the beneficiary (foreign national relative). Here is a general Form I-130 checklist of commonly required documents:

• Form I-130:
  • Ensure that the form is properly completed, signed, and dated by the petitioner. If someone else prepared the form on your behalf, make sure they sign and date it as well.
• Filing Fee:
  • Include the appropriate filing fee with your application. Check the USCIS website or the form instructions for the current fee amount.
• Proof of U.S. Citizenship or Permanent Residency:
  • For U.S. citizens, include a copy of one of the following:
    • Birth certificate
    • U.S. passport
    • Certificate of Naturalization
    • Certificate of Citizenship
  • For permanent residents, include a copy of the green card (both front and back).
• Proof of Relationship:
  • Include documents proving the qualifying relationship between the petitioner and the beneficiary. Examples include:
    • Marriage certificate for spouse petitions
    • Birth certificates for parent-child relationships
    • Marriage and birth certificates for sibling relationships
  • Include certified translations for documents not in English.
• Proof of Legal Name Change (if applicable):
  • If either the petitioner or beneficiary has undergone a legal name change, include documentation such as a marriage certificate, divorce decree, or court order.
• Passport Photos:
  • Provide passport-style photos of both the petitioner and beneficiary. Follow the USCIS guidelines for photo specifications.
• G-325A, Biographic Information Form (if applicable):
  • This form may be required for certain family-based petitions. Check the form instructions to determine if it is necessary and complete a separate form for both the petitioner and beneficiary.
• Affidavit of Support (Form I-864):
  • For family-sponsored immigrants, the petitioner may need to submit Form I-864 to demonstrate their ability to financially support the beneficiary. Check the USCIS website for the most recent version of the form and instructions.
• Additional Supporting Documentation:
  • Depending on the specific circumstances, additional documents may be required. For example, if there have been prior immigration petitions or applications, include relevant approval notices or denials.
• Proof of U.S. Citizenship or Legal Permanent Resident Status of Other Family Members (if applicable):
  • If there are other family members who are U.S. citizens or legal permanent residents, include documentation to establish their status.

Form I-130 Instructions

Here are general Form I-130 instructions:

1. Purpose of Form I-130:

• Understand the purpose of the form, which is to establish the qualifying family relationship between a U.S. citizen or permanent resident (petitioner) and a foreign national relative (beneficiary) who wishes to immigrate to the United States.

2. Eligibility:

• Review the eligibility requirements for both the petitioner and the beneficiary. Ensure that the relationship falls within the qualifying categories allowed by the immigration laws.

3. Filing Fee:

• Check the current filing fee for Form I-130. Include the correct fee with the application, typically in the form of a check or money order payable to the U.S. Department of Homeland Security.

4. Supporting Documents:

• Provide supporting documentation to prove the claimed relationship. The required documents may include:
  • For Spouses: Marriage certificate, evidence of bona fide marriage
  • For Children: Birth certificates, evidence of legal custody
  • For Parents: Birth certificates showing the petitioner’s name
  • For Siblings: Birth certificates showing a common parent

5. Language and Translations:

• Ensure that all documents not in English are accompanied by certified translations. Include a certification from the translator verifying their competency and the accuracy of the translation.

6. Complete All Sections:

• Fill out all sections of Form I-130 accurately. Provide the requested information about both the petitioner and the beneficiary.

7. Sign and Date:

• Both the petitioner and any preparer (if applicable) must sign and date the form in ink.

8. Where to File:

• Check the USCIS website for the most current address to which you should mail your Form I-130. The address may vary depending on your location and the type of family relationship.

9. Receipt Notice:

• Once USCIS receives your petition, you should receive a receipt notice. Save this notice, as it contains important information, including a receipt number that you can use to track your case status.

10. USCIS Contact Information:

• Find contact information for USCIS on their website. If you have questions or need assistance, USCIS provides contact information for different inquiries.