What is Form I-130 used for?
Form I-130, Petition for Alien Relative, is used by United States citizens and lawful permanent residents (green card holders) to sponsor certain family members who wish to immigrate to the United States. The main 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 foreign national beneficiary.
The form is specifically used for the following purposes:
- Family Sponsorship: Form I-130 is used to petition for certain family members to come to the U.S. and ultimately become permanent residents (green card holders). It serves as the initial step in the process of family-sponsored immigration.
- Immediate Relatives: U.S. citizens can use Form I-130 to sponsor immediate relatives, including:
- Spouse
- Unmarried children under 21
- Parents
- Family Preferences: Both U.S. citizens and green card holders can use Form I-130 to sponsor family preference categories, which include:
- Unmarried children over 21 of U.S. citizens
- Spouses and unmarried children of green card holders
- Married children of U.S. citizens
- Siblings of U.S. citizens
- Establishing Relationship: The primary purpose of Form I-130 is to provide evidence and documentation that proves the family relationship between the petitioner and the beneficiary. This could include birth certificates, marriage certificates, adoption records, and other relevant documents that establish the familial connection.
- Immigrant Visa Petition: Once the I-130 petition is approved by the United States Citizenship and Immigration Services (USCIS), it establishes the basis for the beneficiary’s eligibility to immigrate to the U.S. The approved I-130 petition forms the foundation for the subsequent steps in the immigration process.
- Priority Date: The approval of the I-130 petition assigns a priority date to the beneficiary. This date is significant because it determines the beneficiary’s place in line for an immigrant visa. Visa availability depends on the category of family sponsorship and the beneficiary’s country of origin.
Form I-130 plays a crucial role in family-based immigration by allowing U.S. citizens and green card holders to sponsor their eligible family members for lawful permanent residency in the United States. It’s important to provide accurate information, follow the instructions provided by USCIS, and submit all required supporting documentation to establish the family relationship and facilitate the immigration process for the beneficiary.
How much does it cost to file Form I-130?
The filing fee for Form I-130, Petition for Alien Relative, varies based on the relationship between the petitioner (U.S. citizen or green card holder) and the beneficiary, as well as whether the petitioner is filing for one or multiple beneficiaries. Keep in mind that USCIS fees are subject to change, so I recommend checking the USCIS website or the latest fee schedule for the most up-to-date information. Here’s a general breakdown of the filing fees as of my last update:
- Petition for Alien Relative (Form I-130) Filing Fee: The filing fee for Form I-130 is typically paid by the petitioner and varies based on the petitioner’s relationship to the beneficiary:
- For a petition filed by a U.S. citizen for an immediate relative (spouse, parent, or child under 21): The fee was typically one amount.
- For a petition filed by a U.S. citizen for a family preference category (such as a married child or sibling): The fee was typically higher than that for immediate relatives.
- For a petition filed by a green card holder for a spouse or unmarried child: The fee was generally different from that for U.S. citizens.
- Biometric Services Fee (if applicable): In certain cases, USCIS may require the petitioner to pay a biometric services fee, which covers the cost of fingerprinting and background checks. However, this fee is generally not required for Form I-130 petitions.
- USCIS Online Account Fee (if applicable): If you choose to file your Form I-130 online using the USCIS online filing system, there might be an additional fee for creating and using a USCIS online account.
It’s important to carefully review the USCIS fee schedule for the most accurate and up-to-date information on filing fees. Additionally, be sure to follow the instructions provided on the USCIS website for submitting payment, as payment methods and processes may vary.
Always verify the current fees and requirements directly from the official USCIS website or other official sources before submitting your application.
What documents must be submitted with Form I-130?
When submitting Form I-130, Petition for Alien Relative, to the United States Citizenship and Immigration Services (USCIS), you’ll need to include supporting documentation that establishes the qualifying family relationship between the petitioner (U.S. citizen or green card holder) and the foreign national beneficiary. The specific documents required will vary depending on the relationship being claimed and the circumstances involved. Here’s a general guideline for the types of documents that may need to be submitted:
- Proof of Identity and Citizenship or Lawful Permanent Residency (for Petitioner):
- Copy of U.S. passport, birth certificate, or naturalization certificate (for U.S. citizens)
- Copy of green card (both sides) or other evidence of permanent residency (for green card holders)
- Proof of Family Relationship:
- Marriage certificate (for spouse petitions)
- Birth certificates (for child petitions)
- Adoption decrees (if applicable)
- Other relevant documents that prove the claimed relationship, such as divorce decrees or death certificates if relevant
- Passport-Style Photos (for Beneficiary):
- Typically, passport-style photos of the beneficiary are required for various immigration processes. Check the specific instructions for the most current requirements.
- Translation and Copies:
- If any of the documents are not in English, you will need to provide a certified translation.
- Include photocopies of original documents. USCIS generally does not require original documents unless specifically requested.
- Payment of Filing Fee:
- Include the appropriate filing fee, which can vary based on the petitioner’s relationship to the beneficiary and other factors.
- Additional Documentation:
- In certain cases, USCIS might request additional documentation to establish the bona fides of the relationship. This could include photographs, joint financial documents, correspondence, or any other evidence that shows a legitimate and ongoing relationship.
- Form G-325A (Biographic Information):
- While Form G-325A used to be a common requirement for certain family-based petitions, USCIS no longer requires it as of 2019. However, always refer to the most current USCIS instructions to confirm whether this form is still required.
It’s important to carefully review the USCIS instructions for Form I-130, as they can provide specific guidance on the types of documents required for different family relationships. USCIS may update their requirements and instructions, so always refer to the most current information available on their official website or other official sources.
Additionally, when submitting any immigration application, it’s a good practice to keep copies of all documents you send to USCIS for your records. This can help you track your application and respond to any requests for additional evidence if necessary.
