Form I-130 02/27/17 N. Page 1 of 12. Petition for Alien Relative. Department of Homeland Security. Citizenship and Immigration Services. For USCIS Use Only. If you are filing this petition for your child or parent, select the box that describes your relationship (Select. I-130, Petition for Alien Relative Use this form if you are a citizen or lawful permanent resident of the United States who needs to establish their relationship to certain alien relatives who wish to immigrate to the United States.
The United States Citizenship and Immigration Services (USCIS) has recently updated the I-130 Petition for Alien Relative, going from a two-page form to a twelve-page form. This is an article to help family members seek guidance to requesting family relatives to come to the U.S.
Purpose for I-130 Petition for Alien Relative
To allow alien family relatives of citizen or lawful permanent resident of the United States to immigrate to the United States.
Where to get Form I-130 Petition for Alien Relative
You can obtain the form and instructions at USCIS website https://www.uscis.gov/i-130 where you can view, print and download the forms to fill out. USCIS can also have the forms mailed to you by calling the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 for the deaf or hard of hearing.
An Immigration attorney located in Northern Virginia residing near Annandale, Arlington, Fairfax and Prince William Counties can help you file Form I-130 Petition for Alien Relative, in order to ensure all the proper paperwork is filed in the correct manner and to handle any denials or any further course of action if any were to occur.
Eligibility for I-130 Petition for Alien Relative
You can file the form if you are a U.S citizen and are filing for:
- Your spouse;
- Your unmarried or married children of any age;
- Your brothers or sisters (NOTE: you must be 21 years of age or older) and;
- Your mother or father (NOTE: you must be 21 years of age or older).
You can file the form if you are a U.S permanent resident and are filing for:
- Your spouse and;
- Your unmarried child of any age
Please note that you must file separate Form I-130 for each eligible relative.
An Immigration attorney located in Northern Virginia residing near Loudoun, Arlington, Fairfax and Prince William Counties can help you file Form I-130 Petition for Alien Relative, and can aid you in determining if a relative qualifies for this form.
Properly Filling out Form I-130 Petition for Alien Relative
If you download the forms, you can type in the designated boxes or if you have the forms mailed to your residence or printed, you must write in print legibly in black ink.
Please note the difference between Petitioner (Citizen or Permanent Resident) and Beneficiary (Family member seeking residency).
You would need the following information (Petitioner):
- Alien Registration number or U.S. Social Security Number and if eligible, a USCIS Online Account Number (if any)
- Full name
- Current Mailing Address
- Marital Information
- Employment History
- Basic Information: Ethnicity and Race, Height, Weight, Eye Color and Hair Color, Birth country, and date, etc.
You would need the following information (Beneficiary):
- Alien Registration number or U.S. Social Security Number and if eligible, a USCIS Online Account Number (if any)
- Full name
- Current Mailing Address
- Marital Information
- Entry Information
- Employment History
- Basic Information: Ethnicity and Race, Height, Weight, Eye Color and Hair Color, Birth country, and date, etc.
Please do not forget to sign near the end of the form and if there is any additional information that needs to be used it is available at the end of the form.
If you need assistance in filing form I-130 Petition for Alien Relative there are many attorneys in the Northern Virginia Region near the Annandale, Arlington, Fairfax and Prince William Counties who are more than willing to aid to ensure the forms are correctly filled out and give you peace of mind.
Where to File the I-130 Petition for Alien Relative
If you reside outside the U.S. you may file in the USCIS international office in the country in which you reside. If your country does not have an international office you may file to have a relative file to the U.S Embassy or consulate in which you reside.
If you are filing outside the U.S. and have a USCIS international office and want to mail it out the address is below:
USCIS Chicago Lockbox:
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- For U.S Postal service
USCIS Download not enough items mod 1710.
ATTN: 1-130
P.O. Box 804625
Chicago, IL 60680-4107
- For Express mail
USCIS
ATTN: 1-130
131 South Dearborn- 3rd Floor
Chicago, IL 60603-5517
If you live in Alaska American Samoa, Arizona, California, Colorado, Florida, Guam, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Northern Mariana Islands, Oklahoma, Oregon, Puerto Rico, South Dakota, Texas, Utah, Virginia Islands, Washington and Wyoming use the following address:
- For U.S Postal service:
USCIS
ATTN: 1-130
P.O. Box 21700
Phoenix, AZ 85036
- For Express mail:
USCIS
ATTN: 1-130
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85036
If you live in Alabama, Arkansas, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina Tennessee, Vermont, Virginia, Washington, D.C., West Virginia and Wisconsin use the following address:
- For U.S Postal service:
USCIS
ATTN: 1-130
P.O. Box 804625
Chicago, IL 60680-4107
- For Express mail:
USCIS
ATTN: 1-130
131 South Dearborn- 3rd Floor
Chicago, IL 60603-5517
Filing Fee for I-130 Petition for Alien Relative
$535
How to Pay for I-130 Petition for Alien Relative
A check or money order payable to 'U.S. Department of Homeland Security' from any U.S. bank or institution will be accepted.
What Happens After Filing Form I-130 Petition for Alien Relative
After the form is filed you would need to wait for a written notice stating your form has been received.
Different notices may vary in order to understand or figure out further actions, an immigration attorney may be beneficial. Many attorneys located near Arlington, Fairfax and Prince William Counties can help explain and aid in figuring out the next steps.
Additional Forms you may need to file along with Form I-130 Petition for Alien Relative
- Form I-130A- Supplemental Information for Spouse Beneficiary (https://www.uscis.gov/system/files_force/files/form/i-130a.pdf?download=1)
This form is used to gather any additional information for a spouse beneficiary
- Form G-1145- E-Notification of Application/Petition Acceptance (https://www.uscis.gov/g-1145)
This form is used if you want USCIS to notify you via text message or email with any updates
Different notices may vary in order to understand or figure out further actions, an immigration attorney may be beneficial. Many attorneys located near Annandale, Arlington, Fairfax and Prince William Counties can help explain and aid in figuring out the next steps.
Questions or Concerns
You can visit the USCIS website at www.uscis.gov to help further assist you with any questions or concerns.
You may also contact an immigration attorney near the Loudoun, Arlington, Fairfax and Prince William Counties in the Northern Virginia region if you have further questions or concerns.
References: United States Citizenship and Immigration Services Page
See our previous article the USCIS Form I-130 Petition for Alien Relative here:
The I-130 'Petition for Alien Relative' is one of the most common forms processed by United States Citizenship and Immigration Services (USCIS). Using this petition, a U.S. citizen or permanent resident can file to establish a familial relationship with a non-U.S. citizen, and thus indicate an intention to help that person immigrate to the United States. In most (but not all) cases, approval of Form I-130 by USCIS is a prerequisite to the immigrant then filing an application for a green card (lawful permanent residence).
If you have filed an I-130 Petition for Alien Relative, you already know that you can't just walk it into an immigration office and get an answer; you were required to send it by mail to a faraway USCIS processing facility. At this point, you might be wondering about the time required to process the petition, and how long the eventual process of getting your relative a green card will take.
If you have not yet filed the I-130, see this page on information for family sponsors for help preparing the application.
Step One After Filing Form I-130: The Receipt Notice
After USCIS receives the I-130 petition, it will review it for completeness. If something is missing, USCIS might either send the entire package back to the U.S. petitioner, or send a letter (Request for Evidence, or RFE) requesting the missing part.
This can be a stumbling block, especially if you already sent USCIS what it is asking for but the processing facility lost it. If the item at issue is merely the copy of a document, just recopy it and send it in as requested.
If USCIS misplaced a check, however, you might have to cancel the check and write a new one, and then hope that USCIS doesn't then rediscover and try to cash the old one! (This type of thing happens all too regularly.)
Observe that the receipt notice contains a case number. That will be useful in checking on the status of your application, using the USCIS Case Status Online page.
If you haven't yet gotten a receipt notice, or just want to check on typical USCIS processing times, the Case Status page of USCIS's website has a link for 'USCIS Processing Times Information,' where you can check on average speeds for USCIS decisions on I-130s and other applications. Select the USCIS facility to which you sent the I-130 from the drop-down menu.
Step Two: USCIS Reviews the I-130
Once USCIS has determined that your I-130 petition is complete, it will put it in line for further review.
However, if USCIS is particularly backed up, and the immigrant is in a category of people who won't be eligible for a green card for many years anyway (such as brothers and sisters of U.S. citizens, whose waiting list is about 20+ years long), USCIS may put that I-130 toward the back of the line. Don't worry that this will hurt your timing in getting the immigrant a green card.
If the immigrant is a 'preference relative', his or her place on the waiting list will ultimately be determined by the date USCIS received the I-130, called the 'Priority Date,' not the much later date upon which the I-130 was approved.
The processing times for an I-130 Petition for Alien Relative depend on a number of factors, most notably how busy the USCIS office handling your petition is. Waits of several weeks or months are typical. The review involves scrutinizing documents to make sure that, for example, the U.S. citizen's passport is the real thing, and the immigrant's birth certificate contains all the official government certifications that would be expected from the immigrant's home country.
Step 3: USCIS Makes a Decision on the I-130 Petition
Form I-864 Download
If all goes well, USCIS will approve the I-130. At that point, USCIS will notify the U.S. petitioner, by sending an official I-130 approval notice, and transfer the file to the appropriate place.
Exactly where this is depends on where the immigrant is, and whether the immigrant will be applying for the green card through the process known as Adjustment of Status (which takes place in the United States) or consular processing (which takes place through an overseas consulate or embassy).
If the immigrant will be adjusting status in the U.S., USCIS will wait for you to take the next step and file the appropriate paperwork with USCIS, including a copy of the all-important I-130 approval notice. Several weeks or months after that, it will call the immigrant in for an interview and make a decision on the green card.
If the immigrant will be consular processing, the National Visa Center (NVC) will send the immigrant the appropriate paperwork, after which the immigrant will attend an interview at a U.S. consulate in his or her home country, where a decision will be made on the immigrant visa (green card).
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Uscis Form I-485 Download
If the immigrant is a preference relative who must wait for an available visa, the file will remain with the NVC for a number of years, waiting until the Priority Date becomes current. Both the petitioner and the immigrant should advise the NVC of any changes of address during this time.
IMPORTANT NOTE: Having an approved I-130 does not, by itself, give the immigrant any right to come to, or remain in, the United States.
Checklist Petition For Alien Relative
If you're having trouble getting USCIS approval of your I-130, you might wish to consult with a qualified and experienced U.S. immigration attorney. A lawyer is usually worth the cost, and can help you avoid damaging mistakes, prepare for interviews, and make the best case possible to help expedite the whole process.
