If you are a U.S. citizen or a lawful permanent resident (LPR) and have a family member who is not currently living in the United States, you may be eligible to file an I-130 petition for them. The I-130 petition is the first step in the process of bringing a family member to the United States to live permanently.
What is an I-130 petition?
The I-130 petition is a form that U.S. citizens and LPRs use to petition for certain relatives to come to the United States as permanent residents. The form is officially called the “Petition for Alien Relative” and is filed with U.S. Citizenship and Immigration Services (USCIS). The purpose of the form is to establish a qualifying family relationship between the petitioner and the beneficiary (the family member who is seeking to immigrate).
Who is eligible to file an I-130 petition?
As mentioned above, U.S. citizens and LPRs can file an I-130 petition for certain family members. U.S. citizens can petition for their spouse, unmarried children under 21 years old, unmarried sons and daughters over 21 years old, married sons and daughters of any age, and brothers and sisters (if the petitioner is at least 21 years old). LPRs can only petition for their spouse and unmarried children under 21 years old.
How do you file an I-130 petition?
To file an I-130 petition, you must complete the form and include supporting documents, such as evidence of the qualifying family relationship and proof of the petitioner’s status as a U.S. citizen or LPR. You must also pay a filing fee and submit the form and supporting documents to USCIS.
What happens after you file an I-130 petition?
After you file the I-130 petition, USCIS will review it to ensure that it is complete and that you have provided sufficient evidence of the qualifying family relationship. If USCIS determines that your petition is complete and that the qualifying relationship exists, it will approve the petition.
Once the I-130 petition is approved, the beneficiary must go through additional steps to obtain an immigrant visa and be admitted to the United States as a permanent resident. This process typically involves additional forms and documentation, an interview at a U.S. embassy or consulate abroad, and a medical examination.
Conclusion
The I-130 petition is a critical first step in the process of bringing a family member to the United States as a permanent resident. If you are a U.S. citizen or LPR and have a family member who is not currently living in the United States, you should consider filing an I-130 petition for them. However, the process can be complex, and it is important to ensure that you understand the requirements and follow all of the necessary steps. Thus, hiring an immigration attorney can ensure you are meeting all the necessary requirements to qualify and successfully obtain a green card for your family member. Call us today for a free consultation if you are in need of further information and guidance!
The above statements are for informational purposes only and do not constitute legal advice regarding a specific situation or issue. Every case is different and is evaluated on its own merits and facts. The choice of a lawyer is an important decision and should not be based solely on advertisements.