Homepage Blank USCIS I-130 PDF Form
Content Overview

The USCIS I-130 form, formally known as the Petition for Alien Relative, serves as a crucial step in the immigration process for families seeking to reunite with loved ones in the United States. This form allows U.S. citizens and lawful permanent residents to establish a qualifying relationship with their foreign relatives, thereby initiating the pathway for those relatives to obtain immigrant visas. The I-130 form requires detailed information about both the petitioner and the beneficiary, including personal data, evidence of the familial relationship, and supporting documentation such as marriage certificates or birth certificates. Once submitted, the form undergoes a review process by the U.S. Citizenship and Immigration Services (USCIS), which assesses the legitimacy of the relationship and compliance with immigration laws. Approval of the I-130 does not grant immediate residency; rather, it is a foundational step that can lead to further immigration proceedings, including the application for a green card. Understanding the nuances of this form is essential for anyone navigating the complexities of U.S. immigration, as it lays the groundwork for family-based immigration applications and ultimately facilitates the reunification of families across borders.

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Petition for Alien Relative

 

 

 

 

 

 

 

 

 

 

USCIS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Department of Homeland Security

 

 

 

 

 

 

 

 

 

Form I-130

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OMB No. 1615-0012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

U.S. Citizenship and Immigration Services

 

Expires 02/28/2027

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For USCIS Use Only

 

 

 

Fee Stamp

 

 

 

 

 

 

Action Stamp

 

 

 

 

 

A-Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Initial Receipt

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resubmitted

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Relocated

 

 

 

 

 

 

 

 

Section of Law/Visa Category

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Received

 

201(b) Spouse - IR-1/CR-1

203(a)(1) Unm. S/D - F1-1

203(a)(2)(B) Unm. S/D - F2-4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

201(b) Child - IR-2/CR-2

203(a)(2)(A) Spouse - F2-1

203(a)(3) Married S/D - F3-1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sent

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

201(b) Parent - IR-5

203(a)(2)(A) Child - F2-2

203(a)(4) Brother/Sister - F4-1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Completed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved

 

Petition was filed on (Priority Date mm/dd/yyyy):

 

Field Investigation

 

Personal Interview

204(a)(2)(A) Resolved

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Previously Forwarded

 

Pet. A-File Reviewed

I-485 Filed Simultaneously

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Returned

 

PDR request granted/denied - New priority date (mm/dd/yyyy):

 

 

 

203(g) Resolved

 

Ben. A-File Reviewed

204(g) Resolved

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

At which USCIS office (e.g., NBC, VSC, LOS, CRO) was Form I-130 adjudicated?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To be completed by an attorney or accredited representative (if any).

 

 

 

 

 

 

 

 

 

Select this box if

 

 

Volag Number

 

 

 

Attorney State Bar Number

 

Attorney or Accredited Representative

 

 

Form G-28 is

 

 

(if any)

 

 

 

 

(if applicable)

 

USCIS Online Account Number (if any)

 

 

attached.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

START HERE - Type or print in black ink.

If you need extra space to complete any section of this petition, use the space provided in Part 9. Additional Information.

Complete and submit as many copies of Part 9., as necessary, with your petition.

Part 1. Relationship (You are the Petitioner. Your relative is the Beneficiary)

1.I am filing this petition for my (Select only one box):

Spouse

Parent

Brother/Sister

Child

2.If you are filing this petition for your child or parent, select the box that describes your relationship (Select only one box):

Child was born to parents who were married to each other at the time of the child's birth

Part 2. Information About You (Petitioner)

1.Alien Registration Number (A-Number) (if any)

A-

2.USCIS Online Account Number (if any)

3.U.S. Social Security Number (if any)

Stepchild/Stepparent

Child was born to parents who were not married to each other at the time of the child's birth

Child was adopted (not an Orphan or Hague Convention adoptee)

3.If the beneficiary is your brother/sister, are you related by

adoption?

Yes

No

4.Did you gain lawful permanent resident status or

citizenship through adoption?

Yes

No

Your Full Name

4.a. Family Name

(Last Name)

4.b. Given Name

(First Name)

4.c. Middle Name

Form I-130 Edition 04/01/24

Page 1 of 12

Part 2. Information About You (Petitioner)

(continued)

Other Names Used (if any)

Provide all other names you have ever used, including aliases, maiden name, and nicknames.

5.a. Family Name (Last Name)

5.b. Given Name (First Name)

5.c. Middle Name

Other Information

6.City/Town/Village of Birth

7.Country of Birth

8.

Date of Birth (mm/dd/yyyy)

 

9.

 

 

 

 

 

 

 

 

 

Sex

 

Male

Female

 

 

 

 

 

 

 

 

Mailing Address

 

 

(USPS ZIP Code Lookup)

10.a. In Care Of Name

 

 

 

 

10.b.

 

 

 

 

 

 

 

 

 

Street Number

 

 

 

 

 

 

 

 

 

 

10.c.

and Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Apt.

Ste.

Flr.

 

 

10.d.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10.e.

 

 

 

 

10.f.

 

 

State

 

 

 

ZIP Code

 

10.g.

 

 

 

 

 

 

 

 

 

Province

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10.h.

Postal Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10.i.

Country

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11.Is your current mailing address the same as your physical

address?

Yes

No

If you answered "No" to Item Number 11., provide information on your physical address in Item Numbers 12.a. - 13.b.

Address History

Provide your physical addresses for the last five years, whether inside or outside the United States. Provide your current address first if it is different from your mailing address in Item

Numbers 10.a. - 10.i.

Physical Address 1

 

 

 

12.a. Street Number

 

 

 

 

 

 

 

 

12.b.

and Name

 

 

 

 

 

 

 

 

 

 

 

 

 

Apt.

Ste.

Flr.

 

 

12.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12.d.

 

 

 

 

 

 

 

 

 

 

12.e. ZIP Code

 

State

 

 

 

 

12.f.

 

 

 

 

 

 

 

 

Province

 

 

 

 

 

 

 

 

 

 

 

 

12.g.

Postal Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12.h.

Country

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13.a. Date From (mm/dd/yyyy)

13.b. Date To (mm/dd/yyyy)

 

 

 

PRESENT

 

 

 

 

 

 

 

 

 

 

Physical Address 2

 

 

 

 

14.a. Street Number

 

 

 

 

 

 

 

 

 

 

14.b.

and Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Apt.

Ste.

Flr.

 

 

 

14.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14.d.

 

 

 

 

 

 

 

 

 

 

 

14.e. ZIP Code

 

 

State

 

 

 

 

 

14.f.

 

 

 

 

 

 

 

 

 

Province

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14.g.

Postal Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14.h.

Country

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

15.a. Date From (mm/dd/yyyy)

15.b. Date To (mm/dd/yyyy)

Your Marital Information

16. How many times have you been married? ►

17.Current Marital Status

Single, Never Married

Married

Divorced

Widowed

Separated

Annulled

 

Form I-130 Edition 04/01/24

Page 2 of 12

Part 2. Information About You (Petitioner)

(continued)

18.Date of Current Marriage (if currently married)

(mm/dd/yyyy)

Place of Your Current Marriage (if married)

19.a. City or Town

19.b. State

19.c. Province

19.d. Country

Names of All Your Spouses (if any)

Provide information on your current spouse (if currently married) first and then list all your prior spouses (if any).

Spouse 1

20.a. Family Name

(Last Name)

20.b. Given Name

(First Name)

20.c. Middle Name

21. Date Marriage Ended (mm/dd/yyyy)

Spouse 2

22.a. Family Name

(Last Name)

22.b. Given Name

(First Name)

22.c. Middle Name

23. Date Marriage Ended (mm/dd/yyyy)

27.Country of Birth

28.City/Town/Village of Residence

29.Country of Residence

Parent 2's Information

Full Name of Parent 2

30.a. Family Name

(Last Name)

30.b. Given Name

(First Name)

30.c. Middle Name

31. Date of Birth (mm/dd/yyyy)

32. Sex

Male

Female

33.Country of Birth

34.City/Town/Village of Residence

35.Country of Residence

Additional Information About You (Petitioner)

36.I am a (Select only one box):

U.S. Citizen

Lawful Permanent Resident

If you are a U.S. citizen, complete Item Number 37.

37.My citizenship was acquired through (Select only one box):

Birth in the United States

Information About Your Parents

Parent 1's Information

Full Name of Parent 1

24.a. Family Name

(Last Name)

24.b. Given Name

(First Name)

24.c. Middle Name

25.Date of Birth (mm/dd/yyyy)

26. Sex

Male

Female

Naturalization

Parents

38.Have you obtained a Certificate of Naturalization or a

Certificate of Citizenship?

Yes

No

If you answered "Yes" to Item Number 38., complete the following:

39.a. Certificate Number

39.b. Place of Issuance

39.c. Date of Issuance (mm/dd/yyyy)

Form I-130 Edition 04/01/24

Page 3 of 12

Part 2. Information About You (Petitioner)

(continued)

If you are a lawful permanent resident, complete Item

Numbers 40.a. - 41.

40.a. Class of Admission

40.b. Date of Admission (mm/dd/yyyy)

Place of Admission 40.c. City or Town

40.d State

41.Did you gain lawful permanent resident status through marriage to a U.S. citizen or lawful permanent resident?

Yes

No

Employment History

Provide your employment history for the last five years, whether inside or outside the United States. Provide your current employment first. If you are currently unemployed, type or print "Unemployed" in Item Number 42.

Employer 1

42.Name of Employer/Company

43.a. Street Number

and Name

43.b.

Apt.

Ste.

Flr.

 

 

43.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

43.d.

State

 

 

 

43.e. ZIP Code

 

43.f.

 

 

 

 

 

 

 

 

Province

 

 

 

 

 

 

 

 

 

 

 

 

43.g.

Postal Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employer 2

46.Name of Employer/Company

47.a. Street Number

and Name

47.b.

Apt.

Ste.

Flr.

 

 

47.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

47.d.

State

 

 

 

47.e. ZIP Code

 

47.f.

 

 

 

 

 

 

 

 

Province

 

 

 

 

 

 

 

 

 

 

 

 

47.g.

Postal Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

47.h.

Country

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

48.Your Occupation

49.a. Date From (mm/dd/yyyy)

49.b. Date To (mm/dd/yyyy)

Part 3. Biographic Information

NOTE: Provide the biographic information about you, the petitioner.

1.Ethnicity (Select only one box)

Hispanic or Latino

Not Hispanic or Latino

2.Race (Select all applicable boxes)

White

Asian

Black or African American

American Indian or Alaska Native

Native Hawaiian or Other Pacific Islander

43.h. Country

 

44.

 

 

Your Occupation

 

45.a.

 

 

Date From (mm/dd/yyyy)

 

 

 

 

 

 

 

 

45.b.

Date To (mm/dd/yyyy)

PRESENT

3.

Height

Feet

4.Weight

5.Eye Color (Select only one box)

Black

Blue

Gray

Green

Maroon

Pink

Inches

Pounds

Brown

Hazel

Unknown/Other

Form I-130 Edition 04/01/24

Page 4 of 12

Part 3. Biographic Information (continued)

6.Hair Color (Select only one box)

Bald (No hair)

Black

Blond

Brown

Gray

Red

Sandy

White

Unknown/Other

Part 4. Information About Beneficiary

1.Alien Registration Number (A-Number) (if any)

Beneficiary's Physical Address

If the beneficiary lives outside the United States in a home without a street number or name, leave Item Numbers 11.a. and 11.b. blank.

11.a. Street Number

and Name

11.b.

Apt.

Ste.

Flr.

 

11.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A-

2.USCIS Online Account Number (if any)

3.U.S. Social Security Number (if any)

11.d. State

11.f. Province

11.g. Postal Code 11.h. Country

11.e. ZIP Code

Beneficiary's Full Name

4.a. Family Name

(Last Name)

4.b. Given Name

(First Name)

4.c. Middle Name

Other Names Used (if any)

Provide all other names the beneficiary has ever used, including aliases, maiden name, and nicknames.

5.a. Family Name (Last Name)

5.b. Given Name (First Name)

5.c. Middle Name

Other Information About Beneficiary

6.City/Town/Village of Birth

7.Country of Birth

8.

Date of Birth (mm/dd/yyyy)

9.

Sex

Male

Female

10.Has anyone else ever filed a petition for the beneficiary?

Yes

No

Unknown

NOTE: Select "Unknown" only if you do not know, and the beneficiary also does not know, if anyone else has ever filed a petition for the beneficiary.

Other Address and Contact Information

Provide the address in the United States where the beneficiary intends to live, if different from Item Numbers 11.a. - 11.h. If the address is the same, type or print "SAME" in Item Number 12.a.

12.a Street Number

and Name

12.b.

Apt.

Ste.

Flr.

 

 

12.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12.d.

State

 

 

 

12.e. ZIP Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Provide the beneficiary's address outside the United States, if different from Item Numbers 11.a. - 11.h. If the address is the same, type or print "SAME" in Item Number 13.a.

13.a. Street Number

and Name

13.b.

Apt.

Ste.

Flr.

13.c. City or Town

13.d. Province

13.e. Postal Code

13.f. Country

14.Daytime Telephone Number (if any)

Form I-130 Edition 04/01/24

Page 5 of 12

Part 4. Information About Beneficiary

(continued)

15.Mobile Telephone Number (if any)

16.Email Address (if any)

Beneficiary's Marital Information

17.How many times has the beneficiary been married?

18.Current Marital Status

Single, Never Married

Married

Divorced

Widowed

Separated

Annulled

 

19.Date of Current Marriage (if currently married)

(mm/dd/yyyy)

24. Date Marriage Ended (mm/dd/yyyy)

Information About Beneficiary's Family

Provide information about the beneficiary's spouse and children.

Person 1

25.a. Family Name

(Last Name)

25.b. Given Name

(First Name)

25.c. Middle Name

26. Relationship

27. Date of Birth (mm/dd/yyyy)

28.Country of Birth

Place of Beneficiary's Current Marriage (if married)

20.a. City or Town

20.b. State

20.c. Province

20.d. Country

Names of Beneficiary's Spouses (if any)

Provide information on the beneficiary's current spouse (if currently married) first and then list all the beneficiary's prior spouses (if any).

Spouse 1

21.a. Family Name

(Last Name)

21.b. Given Name

(First Name)

21.c. Middle Name

22. Date Marriage Ended (mm/dd/yyyy)

Person 2

29.a. Family Name

(Last Name)

29.b. Given Name

(First Name)

29.c. Middle Name

30.Relationship

31.Date of Birth (mm/dd/yyyy)

32.Country of Birth

Person 3

33.a. Family Name

(Last Name)

33.b. Given Name

(First Name)

33.c. Middle Name

34.Relationship

35.Date of Birth (mm/dd/yyyy)

36.Country of Birth

Spouse 2

23.a. Family Name

(Last Name)

23.b. Given Name

(First Name)

23.c. Middle Name

Form I-130 Edition 04/01/24

Page 6 of 12

Form Specifications

Fact Name Details
Purpose The I-130 form is used to establish a family relationship for immigration purposes.
Eligibility U.S. citizens and lawful permanent residents can file the I-130 for qualifying relatives.
Filing Fee The current filing fee for the I-130 form is $535, subject to change.
Processing Time Processing times vary by service center and can take several months to over a year.
Supporting Documents Applicants must submit proof of the relationship, such as birth or marriage certificates.
Where to File Filing locations depend on the applicant's location and relationship type; check USCIS guidelines.
Governing Laws The I-130 is governed by the Immigration and Nationality Act (INA).
Appeals If denied, applicants can appeal the decision to the Board of Immigration Appeals.

USCIS I-130: Usage Guidelines

After completing the USCIS I-130 form, the next steps involve reviewing your application for accuracy and ensuring you have all necessary supporting documents. Once you're confident everything is in order, you will submit the form to the appropriate USCIS office, along with the required fees and documentation.

  1. Begin by downloading the latest version of the USCIS I-130 form from the official USCIS website.
  2. Read the instructions carefully before filling out the form to understand the requirements.
  3. In Part 1, provide your personal information as the petitioner. Include your full name, address, date of birth, and other identifying details.
  4. In Part 2, enter the information about the person you are sponsoring (the beneficiary). This includes their name, relationship to you, and other relevant details.
  5. Fill out Part 3 regarding your marital status and any prior marriages, if applicable.
  6. Complete Part 4, which asks about your residence and employment history. Be thorough in your responses.
  7. In Part 5, disclose any criminal history or immigration violations, if applicable. Honesty is crucial here.
  8. Attach any required supporting documents, such as proof of your U.S. citizenship or lawful permanent residency, and evidence of your relationship with the beneficiary.
  9. Review the entire form and all attached documents for accuracy and completeness.
  10. Sign and date the form at the designated section. Ensure that all signatures are in the appropriate places.
  11. Prepare your payment for the filing fee, and check the latest fee amount on the USCIS website.
  12. Mail your completed form and supporting documents to the correct USCIS address, which can also be found on their website.

Your Questions, Answered

What is the USCIS I-130 form?

The USCIS I-130 form, officially known as the Petition for Alien Relative, is a document that U.S. citizens and lawful permanent residents use to establish a qualifying relationship with a foreign relative who wishes to immigrate to the United States. This form is the first step in the family-based immigration process, allowing the petitioner to demonstrate their relationship with the beneficiary, who is the relative seeking a visa.

Who can file the I-130 form?

U.S. citizens can file the I-130 form for their spouses, children, parents, and siblings. Lawful permanent residents can file for their spouses and unmarried children. It’s important to ensure that the relationship falls under the categories recognized by USCIS to avoid delays or denials in the petition process.

What documents are needed to support the I-130 petition?

When submitting the I-130 form, you will need to include several supporting documents. These typically include proof of your U.S. citizenship or lawful permanent resident status, evidence of the qualifying relationship (such as marriage certificates or birth certificates), and any other documentation that may help establish the legitimacy of the relationship. It’s essential to provide clear and accurate copies of these documents to avoid complications.

How long does it take to process the I-130 form?

The processing time for the I-130 form can vary significantly based on several factors, including the petitioner’s status, the beneficiary’s country of origin, and the current workload of USCIS. Generally, it can take anywhere from a few months to over a year. Checking the USCIS website for the most current processing times is advisable, as they are updated regularly.

What happens after the I-130 form is approved?

Once the I-130 form is approved, the next steps depend on whether the beneficiary is in the U.S. or abroad. If the beneficiary is outside the U.S., the case will be forwarded to the National Visa Center (NVC) for further processing, which includes visa application and interview scheduling. If the beneficiary is in the U.S., they may be able to apply for adjustment of status to become a lawful permanent resident without leaving the country.

Can I appeal if my I-130 petition is denied?

If your I-130 petition is denied, you do have the option to appeal the decision. The appeal must be filed with the Board of Immigration Appeals (BIA) within a specific timeframe, usually within 30 days of receiving the denial notice. It’s crucial to understand the reasons for the denial and to provide any additional evidence or arguments that may support your case during the appeal process.

Common mistakes

  1. Inaccurate Information: One of the most common mistakes is providing incorrect or incomplete information. This can include misspellings of names, wrong dates of birth, or incorrect addresses. Always double-check the details before submitting.

  2. Missing Signatures: Forgetting to sign the form is another frequent error. Both the petitioner and the beneficiary must sign the form. An unsigned application will be rejected and returned, causing unnecessary delays.

  3. Not Following Instructions: Each section of the I-130 form has specific instructions. Failing to follow these can lead to mistakes. Review the form carefully and ensure you understand what is required for each question.

  4. Submitting Incorrect Fees: The filing fee must be accurate and current. Check the USCIS website for the latest fee schedule. Submitting the wrong amount can result in your application being rejected.

  5. Neglecting Supporting Documents: The I-130 form requires various supporting documents, such as proof of relationship. Failing to include these documents or providing insufficient evidence can lead to delays or denials.

Documents used along the form

The USCIS I-130 form, officially known as the Petition for Alien Relative, is a critical document for those seeking to establish a family relationship with a foreign national. Along with the I-130, several other forms and documents may be necessary to support the application and facilitate the immigration process. Here’s a list of commonly used forms and documents that often accompany the I-130.

  • I-485 Form: This is the Application to Register Permanent Residence or Adjust Status. It is used by individuals already in the U.S. who wish to apply for a green card.
  • I-864 Form: Known as the Affidavit of Support, this form demonstrates that the petitioner has adequate financial means to support the immigrant and prevent them from becoming a public charge.
  • I-131 Form: This is the Application for Travel Document. It allows individuals to apply for permission to travel outside the U.S. while their I-485 application is pending.
  • I-765 Form: The Application for Employment Authorization allows applicants to request the right to work in the U.S. while their immigration case is being processed.
  • Birth Certificates: A copy of the birth certificate for both the petitioner and the beneficiary is often required to establish the familial relationship.
  • Marriage Certificate: If the petition is based on a marriage, a copy of the marriage certificate is essential to prove the legal relationship.
  • Passport Copies: Photocopies of the passport pages for both the petitioner and the beneficiary help verify identity and nationality.
  • Proof of Legal Status: This may include copies of visas, green cards, or other documents showing the petitioner’s legal status in the U.S.

Gathering these documents can streamline the petition process and help ensure that the I-130 application is complete. It is important to review the requirements carefully and provide accurate information to avoid delays in processing.

Similar forms

  • Form I-485 (Application to Register Permanent Residence or Adjust Status): This form is used by individuals who are already in the U.S. and wish to apply for a green card. Like the I-130, it is part of the family-based immigration process, allowing eligible relatives to adjust their status after the I-130 petition is approved.

  • Form I-864 (Affidavit of Support): This document is required to show that the sponsor can financially support the immigrant. Similar to the I-130, it is a crucial part of the family-based immigration process, ensuring that the immigrant will not become a public charge.

  • Form I-131 (Application for Travel Document): This form allows individuals to apply for a re-entry permit, refugee travel document, or advance parole. It is similar to the I-130 in that it is often used by those who are in the process of adjusting their status or have pending applications.

  • Form I-765 (Application for Employment Authorization): This form is used to request permission to work in the U.S. for those who have pending immigration applications. Like the I-130, it is commonly filed by individuals seeking to adjust their status.

  • Form N-400 (Application for Naturalization): While this form is for those seeking U.S. citizenship, it shares a similar purpose in that it is a key step in the immigration process. The I-130 helps establish eligibility for family-based immigration, which can eventually lead to naturalization.

  • Form I-601 (Application for Waiver of Grounds of Inadmissibility): This form is used to request a waiver for certain immigration violations. Like the I-130, it is often part of the family immigration process, especially for individuals who may have issues that could prevent them from obtaining a visa.

  • Form I-130A (Supplemental Information for Spouse Beneficiary): This form is specifically for spouses of U.S. citizens or lawful permanent residents. It is closely related to the I-130 as it provides additional information about the spouse beneficiary to support the petition.

Dos and Don'ts

When filling out the USCIS I-130 form, there are important things to keep in mind. Here is a list of dos and don'ts to help you through the process.

  • Do read the instructions carefully before starting.
  • Do provide accurate information for all fields.
  • Do sign and date the form where required.
  • Do keep a copy of the completed form for your records.
  • Don't leave any required fields blank.
  • Don't use correction fluid or tape on the form.
  • Don't submit the form without the necessary supporting documents.
  • Don't forget to check for any updates to the form or process.

Misconceptions

The USCIS I-130 form, also known as the Petition for Alien Relative, is often misunderstood. Here are eight common misconceptions about this important form:

  1. The I-130 form guarantees a green card.

    Filing an I-130 does not automatically result in a green card. It establishes a relationship but does not grant any immigration status by itself.

  2. Only U.S. citizens can file an I-130.

    While U.S. citizens can file for immediate relatives, lawful permanent residents can also file for certain family members.

  3. The I-130 form is the only step in the immigration process.

    The I-130 is just one part of the overall immigration process. After approval, additional steps are necessary for the family member to obtain a visa or green card.

  4. There is no filing fee for the I-130.

    A filing fee is required when submitting the I-130 form. This fee must be paid at the time of submission.

  5. All family relationships qualify for the I-130.

    Not all relationships are eligible. The form is specifically for certain family members, such as spouses, children, and siblings.

  6. The processing time for the I-130 is the same for everyone.

    Processing times can vary significantly based on the relationship type and the petitioner's immigration status, as well as the service center handling the application.

  7. Once the I-130 is filed, no further action is needed.

    After filing, petitioners must monitor their application status and respond to any requests for additional information from USCIS.

  8. The I-130 form can be filed from anywhere in the world.

    While the form can be filed from abroad, it must be submitted to the appropriate USCIS service center based on the petitioner's location.

Key takeaways

When filling out and using the USCIS I-130 form, there are several important points to keep in mind. The following key takeaways can help ensure a smoother application process.

  • Understand the purpose: The I-130 form is used to establish a relationship between a U.S. citizen or lawful permanent resident and a foreign relative.
  • Eligibility: Ensure that you are eligible to file the form based on your relationship to the relative.
  • Gather necessary documents: Collect all required supporting documents, such as proof of your citizenship or residency and evidence of your relationship.
  • Complete the form accurately: Fill out the form completely and accurately to avoid delays or rejections.
  • Sign and date: Remember to sign and date the form. An unsigned form will be rejected.
  • Filing fee: Include the appropriate filing fee when submitting the form. Check the USCIS website for the latest fee information.
  • Mailing instructions: Follow the specific mailing instructions provided by USCIS to ensure your application reaches the correct office.
  • Track your application: After submission, use the receipt number to track the status of your application online.
  • Respond promptly: If USCIS requests additional information or documents, respond promptly to avoid processing delays.
  • Consult a professional: If you have questions or concerns, consider consulting with an immigration attorney or legal expert.

By keeping these key points in mind, you can navigate the I-130 form process more effectively.