What is Form I-130?
Form I-130, officially known as the “Petition for Alien Relative,” is a form used by United States citizens and lawful permanent residents (green card holders) to petition for their foreign relatives to immigrate to the United States and obtain lawful permanent resident status, commonly referred to as a green card. The form is filed with the U.S. Citizenship and Immigration Services (USCIS), which is a part of the U.S. Department of Homeland Security.
The purpose of Form I-130 is to establish the qualifying family relationship between the petitioner (the U.S. citizen or green card holder) and the beneficiary (the foreign relative). The form is typically used to sponsor immediate relatives such as spouses, parents, and unmarried children under the age of 21. It can also be used for other family preference categories, such as sponsoring married adult children and siblings.
Filing Form I-130 is the initial step in the family-based immigration process. Once the form is approved by USCIS and the priority date becomes current based on the visa bulletin, the beneficiary can move forward with the subsequent steps in the immigration process, which may include applying for an immigrant visa or adjusting status to become a lawful permanent resident within the United States.
It’s important to note that the process and requirements for Form I-130 can vary depending on the petitioner’s immigration status, the relationship with the beneficiary, and other factors. It’s recommended to carefully review the USCIS instructions and guidelines or consult with an immigration attorney to ensure accurate and timely filing.
How to fill out Form I-130?
Filling out Form I-130, the Petition for Alien Relative, involves several steps to accurately provide the required information and documentation. Below is a general guide on how to fill out the form. Keep in mind that this is a high-level overview, and it’s important to refer to the official USCIS instructions and guidelines specific to your situation before completing the form.
Step 1: Download the Form You can download Form I-130 from the official USCIS website (uscis.gov) under the “Forms” section. Make sure you’re using the most current version of the form.
Step 2: Provide Petitioner Information This section asks for information about the person who is petitioning for their relative. This would typically be the U.S. citizen or green card holder sponsor.
Step 3: Provide Beneficiary Information This section requires information about the foreign relative being sponsored. Include details about their name, date of birth, country of birth, and other identifying information.
Step 4: Relationship Information This section asks about the relationship between the petitioner and the beneficiary. You’ll need to indicate the specific family relationship that qualifies for sponsorship.
Step 5: Additional Information Answer any additional questions relevant to your situation. This may include information about previous marriages, children, or any other relevant background details.
Step 6: Supporting Documentation Gather the necessary supporting documents to accompany the I-130 form. This may include:
- Proof of petitioner’s U.S. citizenship or green card status (copy of passport, birth certificate, naturalization certificate, etc.)
- Proof of the beneficiary’s identity (copy of passport, birth certificate, etc.)
- Proof of the qualifying family relationship (marriage certificate, birth certificate, etc.)
- Any required translations of documents that are not in English
- Payment of the filing fee (check the USCIS website for the current fee amount and payment methods)
Step 7: Sign and Date the Form Make sure to sign and date the form in the designated areas.
Step 8: Review and Double-Check Before submitting the form, review all the information you’ve entered to ensure accuracy and completeness. Mistakes or missing information could lead to delays or denials.
Step 9: Submit the Form Mail the completed Form I-130 along with the required supporting documents and payment to the address provided in the USCIS instructions. Make sure to keep copies of all documents for your records.
Remember that the specific requirements and instructions can vary based on your situation and the beneficiary’s relationship to the petitioner. It’s advisable to review the USCIS instructions, consult with an immigration attorney if needed, and ensure that you are using the most up-to-date version of the form before submitting your application.
Form I-130 checklist of required documents
When filing Form I-130, the Petition for Alien Relative, you’ll need to include certain supporting documents to establish the qualifying relationship between the petitioner and the beneficiary. The specific documents required can vary based on the relationship and the circumstances of the case. Here’s a general checklist of commonly required documents:
For the Petitioner (Sponsor):
- Proof of U.S. Citizenship or Lawful Permanent Resident Status:
- Copy of birth certificate, U.S. passport, naturalization certificate, or green card (front and back).
- Proof of Identity:
- Copy of a government-issued photo identification (driver’s license, passport, etc.).
- Proof of Name Change (if applicable):
- If the petitioner’s name has changed, provide legal documentation such as a marriage certificate, court order, etc.
- Proof of Qualifying Relationship:
- Marriage certificate (if petitioning for a spouse).
- Birth certificate (if petitioning for a parent, child, or sibling).
For the Beneficiary (Foreign Relative):
- Proof of Identity:
- Copy of passport, birth certificate, or other government-issued identification.
- Proof of Relationship:
- Marriage certificate (if beneficiary is a spouse).
- Birth certificate showing parent-child relationship (if beneficiary is a child or parent).
- Proof of Legal Name Change (if applicable):
- If the beneficiary’s name has changed, provide legal documentation such as a marriage certificate, court order, etc.
- Passport Photos:
- Typically, you’ll need passport-sized photos of both the petitioner and beneficiary. Check the USCIS instructions for specific photo requirements.
- Translation of Documents:
- If any documents are not in English, provide certified translations.
- Filing Fee Payment:
- Include the correct filing fee, payable by check or money order. Check the USCIS website for the most current fee information.
- G-28 Form (if applicable):
- If an attorney or accredited representative is representing you, include Form G-28 to indicate their representation.
Remember that the above checklist is not exhaustive and can vary based on individual circumstances and the specific family relationship being petitioned. It’s crucial to carefully review the USCIS instructions and guidelines for Form I-130 that are specific to your situation before submitting your application. USCIS provides detailed guidance on the required documents, acceptable formats, translations, and other important information related to the petitioning process. If you’re unsure about any aspect of the application, consider consulting with an immigration attorney for assistance.