US Immigration update: USCIS Filing Fee Increase Temporarily Blocked. Apply Before Fees Increase.
Family-Based Green Card is the first step towards helping a relative become a U.S. Permanent Resident. Form I-130 establishes the existence of a relationship between Green Card holders or U.S. citizens with a family member.
The Form I-130 helps US citizens or lawful permanent residents bring family members into the United States.
To correctly sponsor an eligible family member, U.S. citizens or permanent residents, must file Form I-130 along with all available documentation; e.g., certified copies of your green card, birth certificate, or US passport, to prove the existence of a relationship with the applicant.
Once your application is approved, and a visa number becomes available, a separate form must be filed for each eligible relative, to complete the process for an immigrant visa or adjustment of status.
You must complete a separate I-130 for every different relative who hopes to immigrate to the United States.
A U.S. citizen or lawful permanent U.S. Citizen can file Form I-130.
If you are eligible to file Form I-130 you may do so on behalf of the following family members:
If you are a US citizen age 21 years or older, you can also file Form I-130 on behalf of:
You do not qualify to file Form I-130 if you are not a permanent resident or citizen of the United States.
You may not file Form I-130 on behalf of a relative if any of the following applies to them:
You may not file on behalf of your spouse if:
The form establishes the relationship between the petitioner (citizen or permanent resident) and beneficiary (intending immigrant).
The application process of Form I-130 is both faster and easier for U.S. citizens.
There is no waiting period between the time you submit your application and your eligible family member getting a visa number. Therefore you may also simultaneously file Form I-485, Permanent Resident Application.
Permanent Residents cannot submit Form I-130 on behalf of their parents, and their married children. However, once naturalized, Green Card holders will have the same rights as U.S. citizens.
To correctly submit Form I-130, you have to answer every question truthfully and accurately, using black ink. Make sure you do not skip a question. If you do not have space, you need to answer a question, attach a continuation sheet with the item number your answer refers to written in the top right corner. You must also sign and date each continuation sheet.
If a question is not applicable to you, mark N/A. If the answer is none, write None.
Unless specifically requested by the USCIS, you can send photocopies of the required documentation instead of originals, as originals may not be returned to you.
You must also provide evidence of your US Citizenship or Permanent Residency.
Documents that can prove your US Citizenship:
Documents that can prove Permanent Residency:
You are required to submit payment along with your application. Otherwise, it will be returned.
The filing fee for Form I-130 is $420.
You are required to pay the application fee with either money order, personal check, or cashier’s check from an American bank in U.S. dollars. Cash will not be accepted.
It may take six months or more for the USCIS to process and approve Form I-130 from the time that you submit it.
If the beneficiary is in the U.S. with temporary permission from the USCIS at the time that they receive a visa number, they then must file the Form I-485 Green Card application.
If the beneficiary is outside of the U.S. at the time that they receive a visa number, the NVC will send your petition along with their visa number to the recipients’ local U.S. Consulate or Embassy with detailed instructions on how to complete the Visa process.
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