How to File an I-130 Petition for an Alien Relative

Filing an I-130 petition for an alien relative can seem like a big task, but it’s important to know that many people do it every year. This guide will walk you through the process step-by-step, so you can understand what to expect throughout the process. Let’s start by looking at who can apply, who can be a beneficiary, the documents needed, the interview process, and the current processing times.

Who Can Apply to Bring a Family Member to the U.S.?

The I-130 petition is used by U.S. citizens and lawful permanent residents (green card holders) to help their family members immigrate to the United States. If you are a U.S. citizen, you can file an I-130 petition for your:

• Spouse (husband or wife)
• Children (married or unmarried, under 21 or over 21)
• Parents (if you are at least 21 years old)
• Siblings (brothers or sisters, if you are at least 21 years old)

If you are a lawful permanent resident (green card holder), you can file an I-130 petition for your:

• Spouse (husband or wife)
• Unmarried children (under 21 or over 21)

Who Can Be a Beneficiary an I-130?

The person who will benefit from the I-130 petition, meaning the person who wants to immigrate to the U.S., is called the beneficiary. The beneficiary must have a family relationship with the person who is filing the petition (the petitioner). Step-children can also be beneficiaries in some circumstances.

The Documents Needed with an I-130 Petition

When you file an I-130 petition, you will need to include several important documents. These documents help prove the relationship between you (the petitioner) and the beneficiary. Here’s a list of the most common documents you will need:

1. Form I-130: This is the petition itself. This form needs to be filled out completely and accurately.
2. Proof of U.S. Citizenship or Lawful Permanent Residency: This could be a copy of your U.S. passport, birth certificate, naturalization certificate, or green card.
3. Proof of Relationship: The type of document you need depends on your relationship with the beneficiary. For example:
   • For a spouse: A marriage certificate, photos of your wedding, and documents showing you have a shared life (like joint bank accounts or a lease with both your names).
   • For a child: The child’s birth certificate showing your name.
   • For a parent: Your birth certificate showing your parent’s name.
   • For a sibling: Birth certificates for both you and your sibling showing at least one common parent.
4. Passport Photos: You will need to include passport-style photos of both the petitioner and the beneficiary.
5. Additional Evidence: Sometimes, you might need to include extra documents, like divorce decrees if you or your spouse were previously married, or adoption papers if you are filing for an adopted child.

The I-130 Interview

After you submit the I-130 petition, you may be required to attend an interview. The interview is usually conducted at a U.S. embassy or consulate if the beneficiary is outside the United States, or at a U.S. Citizenship and Immigration Services (USCIS) office if the beneficiary is in the United States. Here’s what you can expect:

• Interview Notice: You will receive a notice with the date, time, and location of the interview.
• What to Bring: You should bring the original versions of all the documents you submitted with your I-130 petition, as well as any additional documents requested in the interview notice.
• Interview Questions: The officer may ask questions to verify the relationship between the petitioner and the beneficiary. For example, they might ask how you met your spouse, or details about your family.

Current Processing Time

The time it takes to process an I-130 petition can vary based on several factors, including the relationship between the petitioner and the beneficiary, and the country where the beneficiary is living. On average, processing times can range from several months to over a year.

• Immediate Relatives: If you are a U.S. citizen filing for an immediate relative (spouse, unmarried children under 21, or parents), the processing time is generally faster, often taking around 6 months to a year.
• Family Preference Categories: If you are a U.S. citizen filing for siblings or married children, or a green card holder filing for a spouse or unmarried children, the processing time can be longer. These cases can take from 1 to several years, depending on the category and the beneficiary’s country of origin.

Conclusion

Filing an I-130 petition for an alien relative involves several important steps, but understanding who can benefit from the process and the types of evidence needed can help you navigate the decision of whether or not to apply for your relative. A skilled immigration attorney can help you increase the chances of filing a successful petition and bringing your family member to the United States by helping you present all the necessary documents and being prepared for the interview. If you have questions about petitioning for a family member, give us a call at (225) 407-0777 or click here to contact us.