Prepare the I-130 visa application required to bring the green card holder's adult child to the United States as a lawful permanent resident.
If you are a US Green Card (permanent resident) holder, you can apply for immigration for your foreign-born children who are 21 years of age or older (referred to as “sons or daughters” in US immigration law). the United States and obtain lawful permanent residence (green cards).
(verON ONE.§203(a),8 USC § 1153(a))
To begin this process, you must prepare and submit a visa application to United States Citizenship and Immigration Services (USCIS) atFormular I-130, with receipts and fee. If you are applying for more than one son or daughter, you must complete an I-130 for each. This article describes how to fill out and submit this form.
What does an approved I-130 get for your foreign born son or daughter?
Completing Form I-130 is just the first step in an immigration process that can take years for the son or daughter of a US green card holder.
Upon approval of the I-130 by USCIS, that individual is considered a “second preferred relative” under the F2B category of the family-based visa preference system. Preferred relatives are subject to annual quotas on the number of visas (green cards) issued, and as such may have to wait years after their I-130 is approved for a visa to become available (or their "priority date" to catch up) and proceed with your immigrant visa or green card application.
(For example, compare this to a US citizen's spouse or unmarried child under the age of 21 who is an "immediate relative" and is not part of the family-based visa preference system and can handle the rest of your immigration application without waiting.)
Also, remember that if your son or daughter is living abroad, they will have to wait until their I-130 is approved and a visa is available before they can live with you. Permission from I-130 does not confer right of entry or residence in the United States.
Who is considered a “son or daughter”?
The sons or daughters that a US green card holder can apply for using USCIS Form I-130 include those who once met the definition of a child under US immigration law but have now turned 21 , but are still single.
The definition of “child” for visa purposes includes:
- biological children of married parents
- Natural children born to single parents, although if the father is the applicant, he must prove that he has legitimized the child (often by marrying the mother) or established a genuine parent-child relationship, and
- Stepchildren – Provided the child was aged 18 or under when the parents married and the parents are still married.
And if you started the immigration process for your child before the age of 21, would your child be in the “F2A” category for under 21s, but did your child turn 21 before they received a green card or immigrant visa?
There is good news and bad news. The bad news is that your son or daughter will move from F2A to F2B and it often takes much longer to open permanent residency (immigrant visa or green card) in the F2B category than in the F2A category. The good news is that you don't have to start the whole process all over again. US immigration authorities will automatically convert your son or daughter's status from F2A to F2B.
The best news for some people is that US immigration law can pretend that your son or daughter is still under 21 and still in the F2A category. You may subtract from your child's actual age the number of days that Form I-130 has been awaiting a USCIS decision, as described inHow CSPA helps family-based preference relatives and derived beneficiaries.
How long does the immigration process of your son or daughter take?
How quickly your son or daughter (married or over 21) can immigrate to the United States after filing the I-130 depends on how much demand there is in the F2B category from individuals from your home country. The F2B category only allows about 26,000 people worldwide to obtain permanent residency each year, and there is also a cap on the number of new residents from each country. As a result, your adult son or daughter may have to wait many years to obtain an immigrant visa or green card. Wait times for people from Mexico and the Philippines are usually several years longer than other people due to high demand.
Green cards are based on "priority date", or the date USCIS received the I-130 petition for your relative. You can update the priority date information in itBulletinson the US Department of State website.
Problems when the son or daughter lives illegally in the USA.
Living in the US without a permit can result in a person accumulating “illegal presence” and thus being ineligible and potentially ineligible for a green card as described inConsequences of being in the US illegally: three-year and ten-year bansjPermanent entry ban for certain repeat offenders.
Contact an immigration attorney immediately if your son or daughter is residing in the United States illegally (after entering the United States illegally or after a visa or other residence permit has expired). USCIS may have a waiver for your family member, which would justify unlawful presence. However, an approved I-130 alone will not solve the problem of illegal presence.
Form I-130: Step-by-Step Instructions
This article covers the 07.07/20/2021. Visit the United States Citizenship and Immigration Services ("USCIS") websitelatest version. USCIS does not accept old versions.
General instructions for completing Form I-130
It is best to fill out the form on the computer. If you cannot do this, write your answers in black ink.
If you can't paste an answer in the space or box provided, write or type it on the last page in Part 9: Additional Information. Be sure to include the page number, part number, and article number you are adding. If you run out of space in Part 9, you can attach an extra sheet at the end of the form. On each additional sheet of paper, indicate the number of the article to which your answer relates, date and sign each sheet. (If you fill out the form on a computer, you'll find that you can't type certain things in the fields.)
Part 1: Relationship
Question 1:Check the fourth box, "Child."
Question 2:Check the box that best describes your relationship with your child and the circumstances of your child's birth.
Question 3:Set free.
Question 4:It asks if you have been adopted. Adoption does not preclude you from sponsoring your own adult child.
Part 2. Information about you (candidate)
Part 2 asks for information about the petitioner, i. H. You, the lawful permanent resident of the United States.
Question 1:You can find your foreigner registration number (so-called A number) on your green card.
Question 2:If you have an online USCIS account, enter it here, but the number is not required.
Question 3:Enter your social security number.
Questions 4-5:Enter your full name and other people you know. You do not have to provide personal nicknames, but you must provide any first or last name that may have appeared on any paperwork you submit now or later to immigration officials.
Question 10:Enter your mailing address. If you live in the US, just enter your state. Province, postal code and country only need to be filled in if you live abroad. If you do not live in the United States, you should consult an attorney regarding your own immigration status as you may have lost it and your I-130 would not be approved.
Question 11:Make sure your current address matches your physical address. If not, be sure to provide your physical address in the next question.
Questions 12-15:Enter your physical address history over the last five years, starting with your current physical address and working backwards in time. Provide the dates you resided at each address location.
Question 16:Please indicate how many times you have been married, including your current marriage. If you have never been married, enter "0".
Question 17:This refers to your last marital status. For example, if you are currently married but divorced, check Married.
Question 18:Enter your current wedding date; if you are not currently married write N/A.
Question 19:“Place” of Marriage means the city and state or country where you were married.
Questions 20-23:Add the names of current or former husbands and wives. If you are currently married, list your current spouse first. For previous marriages, enter the date the marriage ended. If your former spouse died, the marriage ended on the anniversary of your death. If you were divorced, find out the date the judge signed the final divorce decree.
Questions 24-35:information about your parents. For a deceased parent, write "deceased" and the year of death in the city/county/town.
Question 36:Check the Legal Ordinary Residence box.
Questions 37-39:As a green card holder, you don't answer these questions.
Questions 40-41:Permanent residents can find the admission date and class on their green card or immigrant visa. “Place of Admission” is the place where you first entered the United States on your immigrant visa or (if you adjusted status) the location of the USCIS office that approved your Green Card.
Questions 42-49:Please list your professional career for the last five years, starting with your current or most recent job. If you do not work, write "unemployed" (possibly "student") in question 42.
Part 3: Biographical Information
Questions 1-6:Enter your personal information. For question 1, tick only one box. For question 2, please select all that apply.
Part 4: Beneficiary Information
Part 4 asks for information about your foreign-born son or daughter, called "the Beneficiary".
Question 1:Your son or daughter would not have an Alien Registration Number unless they had previously been to the United States, and then only if they applied for some form of immigration assistance or were involved in a deportation (deportation) proceeding while in the United States . Consult with an attorney to ensure that this registration does not affect your child's future immigration prospects.
Question 2:Your son or daughter would not have an online account number unless they have already paid for itUSCIS Immigration Taxes, after someone has requested them.
Question 3:Your son or daughter does not have a social security number unless he or she has lived in the United States and has a work permit or visa that allows them to work or reside in the United States. If your child does not have a social security number, write "none" here.
Question 4:Please provide your child's full and current name.
Question 5:You do not have to list your son or daughter's personal nicknames, but you should include any first or last name by which they are commonly known and therefore may have now or later appeared on documents intended for submission to US immigration officials .
Question 10:This question asks if someone has already filed a petition on behalf of their son or daughter (likely to include Form I-130). Ensure that someone else submitted the petition on behalf of the petitioner (e.g. an F4 sibling petition pending by a US citizen sibling does not prevent you from filing this petition, which is included in the F2B petition category falls There can be more than one application on file to someone immediately (cfCan more than one US family member apply for the same immigrant?.) Or tick "unknown" if your son or daughter really doesn't know if anyone has submitted an application on his or her behalf.
Question 11:Provide your son or daughter's current address. If you live in a place without a house number, enter as much identifying information as possible (e.g. county or neighborhood).
Question 12:Enter the US address where the beneficiary intends to live if different from your address. If this is the address you already gave in question 11, you can leave the field blank.
Question 13:responderonlyif your child currently resides in the United States. Leave blank if you live in another country. If your child entered the United States illegally or overstayed their visa, consult an attorney immediately; The child is likelyinadmissiblefor the US, which will make it impossible to obtain a green card in the near future unless a limited exemption applies.
Questions 17-24:These relate to your child's marriage history. Your child cannot approve this request if they are currently married. However, if the child is divorced, you can still file an I-130 petition and must provide the name of your child's ex-spouse and the date the marriage ended.
Questions 25-44:You are asking about your son or daughter's current spouse and children. Your child must not have a current spouse. However, if they have children under the age of 21, children can be included in this visa category as "beneficiaries of derivatives,"As long as you don't become a US citizen.
Question 45:It is important to indicate whether the child was in the United States because certain types of adverse immigration history affect eligibility for permanent residence (or any other application for entry into the United States).
Question 46:Enter N/A if your child lives outside of the United States. If you live in the US, provide what visa status the child has legally entered. (For example B-2 visitor or F-1 student).
The “I-94” Arrival/Departure Record Number was created when your child entered the United States or changed their status within the United States. If your son or daughter does not have a small white I-94 card stapled to their passport (the US government phased this out for people arriving by plane or boat in May 2013) or attached to a permit letter is if they have changed their status you can do soLook up the I-94 number online. (Some people, such as Canadian tourists crossing the border, have not created I-94 for them.) The date your son or daughter's authorized stay expires or will expire is noted on I-94 ( or I-95 if filed with a crew member visa). Write "D/S" (for "Duration of Status") if your son or daughter was admitted on a student visa or exchange visa with no specified end date.
Questions 47-50:They take care of your son or daughter's passport or travel document. Most beneficiaries have a passport. However, some, such as refugees or asylum seekers, do not have a passport and can be issuedTravel documentsinstead by the State Department.
Questions 51-52:Please indicate where your son or daughter is currently working. If you are unemployed, enter "unemployed" or, if applicable, "student" in question 51a.
Questions 53-56:If your son or daughter is or has been subject to immigration proceedings (eviction or deportation) in the United States, consult an attorney before filing an I-130 form.
Questions 57-58:If your son or daughter's native language uses a non-Latin script (e.g. Russian, Chinese, or Arabic), write their name and address in that script.
Questions 59-60:Leave it blank as you will not tell your spouse.
Question 61:Please only respond if your son or daughter already resides in the US and intends to apply for a status adjustment. Consult an attorney if you are unsure whether your son or daughter isqualify for this application process- unlikely unless they have a valid long-stay visa. You must answer question 62 for support. If your son or daughter does not adjust their status, write N/A and go to question 62.
Question 62:If your son or daughter is applying for a visa abroad, please provide the U.S. consulate closest to where you currently reside.If you don't know or can't decide, don't worry: enter the capital of the country of origin and USCIS will determine which consulate to transfer the case to. If the named country does not have diplomatic relations with the US, USCIS will locate one in a nearby country to handle the case.
Part 5: Other information
This has further questions for you, the petitioner.
Questions 1-5:These are designed to reveal the US petitioner's history (if any) of inducing other immigrants to come to the US when he has demonstrated suspicious patterns of application of immigration laws. For the submission location, use the city and state where you lived when you submitted the petition. The "result" is whether your application was approved or denied (not whether the green card or visa application was ultimately approved or denied).
Questions 6-9:Reference other I-130 petitions you are filing at the same time as your son or daughter's (such as a petition on behalf of your spouse or another son or daughter) so that USCIS can process them all together . (However, their applications may later be separated due to different priorities within the visa preference system.)
Part 6: Applicant's statement, contact details, statement and signature
They should find out whether you understand English and thus the content of the petition you have written and whether you had help in creating it. Don't forget to sign question 6 with your name.
Part 7: Contact details of the interpreter, declaration and signature
If you have the help of an interpreter, they must sign Part 7 and complete the required information.
Part 8: Contact details, statement and signature of the person preparing this petition if not the petitioner
For your protection, it is best to have an attorney or professional representative prepare the forms for you. If you are assisted by an attorney, sign under Part 8 by filling out the required information.
Documents required for filing with I-130
You must collect copies (not originals) of the following documents along with the signed forms and application fees:
- Proof of permanent residency in the United States.This requires a copy of your green card (front and back) or passport stamped I-551 (temporary proof of lawful permanent resident status, sometimes issued before the actual green card).
- Proof of your parent-child relationship:In the case of children who are related by blood, a copy of the child's birth certificate stating you as the father is sufficient in most cases; and if you are the father, a copy of your marriage certificate showing your relationship to the child's mother. If you have a stepchild, you must also provide certificates proving the termination and establishment of plural marriages for you and your spouse. If you are the parent of an illegitimate child, you must provide proof of eligibility or a bona fide parent-child relationship. For more information, seeHow to prove a parent-child relationship for citizenship or immigration purposes. And make sure to make it availableenglish translationsyes it is necessary
- Child passport:Include a copy of your child's passport or travel document, even if it is likely to expire before the current priority date.
- Taxa.The fee for an I-130 petition is currently $535 (2023 value). However, it is always advisable to check thisPage I-130 of the USCIS websiteor call USCIS at 800-375-5283 for the latest numbers, especially since USCISproposed a tariff increase in early 2023.) You may pay by check, money order, or fill out and mailForm G-1450, Authorization for Credit Card Transactions.
Where to submit the I-130 application form?
After you, the US Petitioner, have prepared and collected all of the forms and other items listed above, photocopy them for your personal records. You then have a choice: you canonline archiveor mail the completed petition packet to the USCIS “safe deposit box” listed atUSCIS I-130 Filing Address Page.
The vault processes the fee payment and then routes the petition to a USCIS service center for further processing.
What Happens After You Complete the I-130
Shortly after submitting the petition, you should receive an acknowledgment of receipt from USCIS. This will ask you to review theUSCIS website for information on how long the application is expected to be processed. Look for the receipt number in the top left corner, which you will need to check the status of the case. There you can also sign up for automatic email updates about the case. He canCheck the status of your case onlineAlso.
If USCIS requires additional documentation to complete the application, it will send you a letter (called a "Request for Evidence" orRFE) Ask for it. Eventually, USCIS will issue an approval or denial of the I-130 petition. This may take a long time, but don't worry, it won't affect the speed of your son or daughter's fall. The "priority date" that determines your son or daughter's spot on the visa waitlist has already been set since USCIS received the I-130 petition.
If USCIS denies the application, it sends a denial notice stating the reason. Your best option is to start over and resubmit (instead of trying to appeal) and correct the reason USCIS gave for the rejection. However, do not resubmit your application if you do not understand why your first application was rejected. Ask a lawyer for help.
If USCIS approves the application, it sends a notification and forwards the case to the National Visa Center (NVC) for further processing. Your son or daughter can expect to receive communications from the NVC and/or the consulate at a later date letting them know when it is time to apply for the visa and go to the interview. To seeConsular clearance proceduresFor more information.
You might think that you could accelerate the event that your son or daughter becomes a US citizen (in which case they would automatically enter F1, the first family preference category), but expect adult sons and daughters of US citizens often often more than sons and daughters of permanent residents! If you become a citizen after filing your I-130 and it is less beneficial to your son or daughter based on yourpriority date, you can ask USCIS to keep your son or daughter in the F2B category.
Next steps after priority date update
If your immigrant son or daughter resides in the US and is eligible to adjust status here, the next step is (if USCIS is willing to accept the application; seeWebsite tun USCISthis topic to find out when) to file an I-485 request for an adjustment of status. Your son or daughter, and perhaps you, may be invited to a USCIS office for an interview. To seeStatus Adjustment ProcedureFor more information.
How long does it take to get I-130 for child over 21? ›
What is the I-130 processing time for parents in 2023? The median I-130 processing time for immediate relatives (spouse of a U.S. citizen; unmarried child under 21 years of age of a U.S. citizen; or parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older) averages 10.2 months.How long does it take to get I-130 for unmarried son over 21? ›
On average, you can expect to wait around 3-4 years to receive an I-130 petition approval as the unmarried son or daughter over age 21 of a U.S. citizen or green card holder. Once the I-130 petition is approved, adult sons and daughters must wait for an immigrant visa number to become available.Can a permanent resident petition for child over 21? ›
If you are a U.S. green card holder (permanent resident), you might be able to petition for your foreign-born children who are age 21 or older (referred to as "sons or daughters" by U.S. immigration law) to immigrate to the U.S. and receive lawful permanent residence (green cards).How long does it take to process I-130 for daughter? ›
Approximately 6 to 12 Months After Filing
Most Form I-130 petitions for immediate relatives are approved within a 6 to 12 month time frame, but they can take longer in some cases. If you are in the United States and also filed an application to adjust status, USCIS will begin reviewing Form I-485 at this point.
Usually, this process takes 12 to 18 months. Under these circumstances, the following steps must be taken: Submitting a form I 130 application. Evidence of U.S. citizenship.How long does it take for a U.S. citizen to sponsor a child over 21 and married? ›
While the exact waiting time fluctuates from year to year, individuals applying under this category should expect to wait 9-10 years after first filing the initial petition to receive their visa.How long will your son or daughter's immigration process take? ›
For immediate relatives, the general waiting period is between five and nine months. But keep in mind that the USCIS (United States Citizenship and Immigration Services) doesn't give a specific amount of time it will take. And there are always complicating factors that can slow down the process.How long does it take to petition a son under 21? ›
Form I-130 Processing Times
For immediate relatives (spouse or unmarried child) of a U.S. green card holder (legal permanent resident) living abroad, processing times for Form I-130 currently vary between 18.5-32.5 months. For those living in the U.S., the processing time is currently 12-27 months.
If you are a lawful permanent resident and you filed Form I-130 for your unmarried son or daughter, but your son or daughter marries before immigrating to the United States or adjusting status to lawful permanent resident, we will deny or automatically revoke your petition.What documents do I need to petition my son? ›
- A copy of your U.S. birth certificate OR.
- A copy of your unexpired U.S. passport OR.
- A copy of Consular Report of Birth Abroad OR.
- A copy of your naturalization certificate OR.
- A copy of your certificate of citizenship.
Can I petition my daughter if I am a permanent resident? ›
You may petition for the following family members: Spouse (husband or wife) Unmarried children under 21. Unmarried son or daughter of any age.Can permanent residents sponsor family members? ›
The green card holders (permanent residents) can petition for certain family members (immediate relatives) to immigrate to the U.S. as permanent residents. The petition can be made for the following family members: Spouse (husband or wife) Unmarried children (under 21)Is it better to file I-130 online or by mail? ›
Submitting documents online is naturally faster than sending them through the mail. However, nothing else about the Form I-130 process is different. Filing the form online does not speed up the government's review process, nor does it change what authorities want to see.What is the next step after I-130 approval for son? ›
If you are in the United States after USCIS approves the I-130 petition, you'll probably want to file an adjustment of status package. The adjustment package generally includes several mandatory USCIS forms and some optional forms.Can I travel after I-130 is approved? ›
No, unfortunately the spouse seeking a green card is expected to remain abroad until their green card is approved.Can I sponsor my son to USA over 18? ›
Both U.S. citizens and permanent residents can sponsor their unmarried adult children (21 years and older) for visas, which will eventually lead to green cards. However, adult children do not qualify as "immediate relatives," but face an annual limit on numbers of visas.How do I add my child to my I-130? ›
They simply need to list their names on the petition for the foreign national parent. However, each child must file their visa application separately after USCIS approves the I-130 petition. Sometimes a child will be born, adopted, or otherwise added to the family after USCIS approves the I-130 petition.Which is the fastest USCIS service center? ›
- EAC or VSC: Vermont Service Center – 13 months on average.
- LIN or NSC: Nebraska Service Center – 6 months on average.
- SRC or TSC: Texas Service Center – 11 months on average.
- WAC or CSC: California Service Center – 8 months on average.
If you are a U.S. citizen, you might be able to petition for your foreign-born children who are married or age 21 or older (referred to as "sons or daughters" by U.S. immigration law) to immigrate to the U.S. and receive lawful permanent residence (green cards).How long does it take to get I-130 approved for siblings? ›
After you've filled out Form I-130 and submitted it to the USCIS, all you can do is wait to hear back from them. If you've submitted everything correctly and accurately, the application will be approved. This usually takes somewhere between 2 to 5 years.
How much does it cost to petition for a sibling? ›
' Because you are the U.S. citizen sibling, you need to petition on behalf of your sibling who is not yet a legal permanent resident in the U.S. The filing fee for Form I-130 is $535. Filling out form I-130 is the first step in applying for a green card for your sibling(s).How long it will take to get green card for daughter? ›
Minor children of U.S. citizens can usually get a green card 1-2 years after starting the green card application process.How long does it take to get green card through son? ›
When a US citizen petitions for a Green Card on behalf of his or her parents, the process is significantly faster. While every case is different and processing times may vary depending on the circumstances, the citizen's parents should receive their Green Card in 12 – 15 months.Will USCIS speed up in 2023? ›
As cycle times improve, processing times will follow, and applicants and petitioners will receive decisions on their cases more quickly. USCIS will increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023.How long does it take to get an I-130 approval? ›
I-130 Processing Times for Immediate Relatives
For immediate relatives (spouse, children and parents) of U.S. citizens, there is an unlimited number of immigrant visas and approval can be obtained in approximately 5 to 9 months.
After USCIS approves the I-130 petition, can the petition become invalid? The answer is, “Yes.” In general, approved petitions remain valid for the duration of the petitioner and beneficiary's relationship as well as the petitioner's status as a U.S. citizen or permanent resident.How much does it cost to petition a son? ›
The minimum cost to petition a relative is $1,400-$1,900 per immigrant. Form I-130, Petition for Alien Relative is the form that a U.S. citizen or a lawful permanent resident submits to USCIS to sponsor a qualified relative for permanent residence in the United States.Do I have to file separate I-130 for each child? ›
You must submit a separate Form I-130 for each child if: The relative you are applying for is your spouse; Together you have biological children, stepchildren, or adopted children, and. You did not file separate petitions for them.Can a green card holder file for a married child over 21? ›
If you are a US citizen, you can sponsor a green card for your son over the age of 21 whether or not your son is married. A green card petition for a married daughter over 21 falls in the F3 family-based third preference category, which is reserved for married children of US citizens.Can I file I-130 without marriage certificate? ›
A marriage certificate is necessary, but more evidence is required to prove a bona fide marriage.
Can I petition my son under 21? ›
If you are a U.S. citizen, you may petition your children (unmarried and under 21), your unmarried sons and daughters (21 or over) and married sons and daughters (of any age).Can a 20 year old U.S. citizen petition his parents? ›
For a U.S. citizen to petition for their parent to immigrate to the United States, they (the child) must be at least 21 years of age. That makes it a slower path to U.S. immigration than many might hope.Can my daughter give me residency? ›
Under current law, it's not until the child turns 21 that they can sponsor their parent for a green card. Now once they turn 21, they can file an 1-130 petition for an alien relative and sponsor their parents to come to the United States or to adjust their status here in the United States.How old do you have to be to petition someone? ›
Which relatives may I petition for? A U.S. citizen who is at least 21 years or older may also petition for the following relatives: Parents; • Brothers or sisters. When you submit your petition, you are required to provide evidence to prove your relationship to the person for whom you are filing.Do I need a sponsor to apply for permanent residence? ›
Anyone applying to be a permanent resident through a family member must have a financial sponsor. A sponsor is also required for a family member coming to work for a relative, or for a company in which a relative owns 5 percent or more of the company.How much does it cost to sponsor a family member for a green card? ›
The most common minimum annual income required to sponsor a spouse or family member for a green card is $24,650. This assumes that the sponsor — the U.S. citizen or current green card holder — is not in active military duty and is sponsoring only one relative.Is online filing of I-130 faster? ›
According to USCIS, Form I-130 is one of the most widely used forms, and their transition to online, paperless filing was done in order to make their agency “more effective and more efficient.” Online filing often results in quicker and more streamlined case processing.Which office will process I-130? ›
Petitioners residing in a country with a USCIS office may send their I-130 forms to the Chicago Lockbox, or they may file their Forms I-130 at the international USCIS office having jurisdiction over the area where they live.How long does it take to petition my daughter over 21? ›
Average processing times for petitions filed by legal permanent resident sponsors range between 18 months at the Texas Service Center, to 59.5 months at the California Service Center.How can I speed up my I-130 processing time? ›
You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice. (You can access Emma by clicking on the Ask Emma icon on the top right of this page).
What happens after you file Form I-130? ›
Within two to three weeks after you file, the USCIS will send you written notification that they have received your I-130 petition. In addition, a Form I-797C, Notice of Action, will arrive in the mail, providing you with a receipt number you can use online to check your case status.Can I travel while my I-130 is pending? ›
If your spouse or other family member has filed an I-130, Petition for Alien Relative, on your behalf, then it may be challenging to convince a consular officer that you do not have “immigrant intent” in the US. Nevertheless, it is possible to visit the US with a pending I-130, and we have seen many clients do it.Can immigration judge approve I-130? ›
As soon as the I-130 is approved by USCIS, then the immigration judge will have to accept it and then make a decision on Form I-485, known as the Application to Adjust Status or Register Permanent Residence.How much is 1 130 filing fee? ›
The filing fee for Form I-130 is $535. The filing fee for this petition cannot be waived. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition. DO NOT MAIL CASH.How long does it take to petition a sibling under 21? ›
After you've filled out Form I-130 and submitted it to the USCIS, all you can do is wait to hear back from them. If you've submitted everything correctly and accurately, the application will be approved. This usually takes somewhere between 2 to 5 years.What happens after I-130 is approved for child? ›
Once USCIS approves your I-130 application, your application will be sent to the U.S. Department of State's National Visa Center (NVC) for processing. If your family member's case is not subject to immediate processing, your I-130 application will remain with NVC until processing begins.How can I speed up my I-130 petition? ›
You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice. (You can access Emma by clicking on the Ask Emma icon on the top right of this page).Can I-130 be approved without interview? ›
Sometimes, USCIS might be able to approve your I-130 without the need for an interview. If you are a U.S. citizen and you are filing for your parents, or unmarried children under the age of 21 who are in the United States and have filed Form I-485, then you might not need an interview.What documents do I need to submit with I-130 for siblings? ›
- Spouse: A copy of your marriage certificate. Evidence you or your spouse terminated any prior marriages (if applicable)
- Child: A copy of your child's birth certificate(s).
- Parent: A copy of your birth certificate.
- Brother/Sister: A copy of the birth certificate for you and your sibling.
For immediate relatives, the general waiting period is between five and nine months. But keep in mind that the USCIS (United States Citizenship and Immigration Services) doesn't give a specific amount of time it will take. And there are always complicating factors that can slow down the process.
Can a permanent resident petition for son? ›
You may petition for the following family members: Spouse (husband or wife) Unmarried children under 21. Unmarried son or daughter of any age.How long does it take USCIS to actively review I-130? ›
That's why for I-130 filed in the F4 category may take up to 130 months (10 years) to process. For your information, according to the schedule fee of the USCIS, it takes one of its officer an average of 0.75 hours to process one I-130. And they receive 3,200 per business day.How can I-130 be denied? ›
If you are not eligible to file a petition or the beneficiary doesn't have an eligible family relationship, the I-130 petition will be denied. Relationships must fall into either the immediate relative or family preference categories.Can a lawyer speed up the immigration process? ›
Immigration attorneys can help speed up your immigration case in a few different ways. The most obvious is by using their knowledge and experience to make the process go more smoothly and easily.What are urgent humanitarian reasons? ›
Buzzword: Urgent Humanitarian Reason
Humanitarian can arise from the fact that someone is outside the United States and they are particularly vulnerable because of: Age; Gender; Disability/Pregnancy; or. Living circumstances.