Family Based Petitions
Frequently Asked Questions About Form I-130
The i-130, also known as the petition for alien relative, establishes a strong family connection between a citizen or holder of a green card in the United States and the applicant for a green card. The i130 petition is the name of this form.
The first step in obtaining a family-based green card is to file an i-130 petition with USCIS, which places you in line for an open green card. We’ll discuss a few of the form i-130’s most frequently asked questions in this article.
What’s the difference between form I-130 and form I- 485?
If you are a citizen or lawful permanent resident of the United States, the first step in assisting a relative to apply for a green card is to complete Form I-130. You must demonstrate your kinship to a person who qualifies for permanent residency. Let’s say your relative is already present in the country. In that situation, individuals might be eligible to simultaneously modify status and submit an application for permanent residency using form I-485. You might be able to submit these forms all at once in some circumstances.
How do I file form I- 130?
Form I-130 can be submitted online or by mail. You must register for a USCIS online account in order to file electronically. Even if your relative is already in the country and you intend to mail in form I-485, you can still submit form I-130 online.
If you reside in the US, form I-130 may also be submitted by mail. Depending on the state you reside in and if your relative is filing Form I-485, you must determine which address to send your petition to. USCIS will also ask you to send it to the Dallas, Chicago, or Phoenix lockbox.
USCIS form I-485 Application to register permanent residence or adjust status
Any of the five service centers run by USCIS will process it. Let’s say you reside outside of the US. If so, you can submit your application at the USCIS lockbox in Dallas or online. If there are extraordinary circumstances, you can also ask to submit your application at the nearest U.S. consulate. If you don’t completely fill out the form and sign it, USCIS may reject it.
How long does the I-130 petition process take?
The USCIS field office that receives your petition for immediate relatives, a spouse, a parent, or a child will determine the family relationship and processing time for your i-130 petition. The USCIS I-130 processing timeframes for family preference visas range from 6 to 11 months; for instance, processing durations for siblings might go from 6 to 20 years or longer.
How much does the I-130 cost?
A petition for an i-130 visa now costs 535 US dollars to file with the government. Using form g1450, you can pay for this with a cheque or a credit card.
Can I expedite processing for form I- 130?
I-130 petitions cannot be processed using premium services. To speed up form i-130 processing, you can still submit a special request to USCIS. The request will often only be taken into account by USCIS if there are urgent humanitarian needs or US government interests.
Who can file form I-130?
If you are a citizen of the United States, you can submit Form I-130 for each of your qualifying family, which includes your spouse, kids, siblings, and parents. If you are a permanent resident, you may file a petition on behalf of your spouse and any minor children. If the marriage that formed the relationship happened when the child was under 18, you can also apply on behalf of your stepchild.
What documents will I need to file Form I-130?
You must provide proof of your kinship to the relative you are petitioning for when submitting form I-130. You can use a birth certificate, citizenship or naturalization certificate, passport, green card, or other documentation of a family connection as examples of proof of U.S. citizenship or lawful permanent resident status.
If you’re petitioning for your spouse, you’ll need to give more evidence of your relationship and demonstrate that you have a genuine marriage, such as a marriage certificate or birth certificate. You can accomplish this by providing evidence that you jointly own or rent a property, joint bank account statements, and testimonials from individuals who can attest to the sincerity of your connection, among other things. If we missed any queries, please email us at email@example.com.
Do not lose hope if your petitioner or primary applicant passed away and it was cancelled; you still have a chance to move to the US.
An I-130 immigration petition is immediately cancelled in the event of a decedent. As a result, immigrant families who are already suffering the loss of a loved one frequently experience misfortune twice, as surviving family members might not be able to immigrate through the petition of the deceased.
Even after a petitioner or qualified relative has passed away, certain beneficiaries and family members may still be able to apply for immigration benefits if this has occurred to you.
Because each provision has a different eligibility requirement and set of legal authorities, we must first analyze it in order to determine which remedy is appropriate in your situation.
Numerous cases of humanitarian reinstatement have been completed with success by our F4 India team. If you would like to speak with one of our clients, please contact us. Because of the rules established by USCIS, certain family members who would otherwise be denied the chance to apply for permanent residence due to the death of the petitioner or the major beneficiary can now do so.
Please be aware that submitting paperwork from a different sponsor on the day of the interview will not allow the petition to be reinstated if the petitioner passes away. The US Consulate must get word from DHS that the petition has been reinstated before the case may move forward. Therefore, you are wasting your time if you plan to provide documentation from alternate sponsors during the interview. The US Consulate will require you to submit paperwork for humanitarian reinstatement and will submit your petition for administrative processing.
1) Survivor benefits under INA 201(b) (2) (A)
2) Other benefits under INA 204(l) for certain surviving relatives.
3) Humanitarian reinstatement of an accepted I-130 petition.
We are always devastated to hear of the passing of one of our petitioners or applicants. It is tragic when a relative passes away. However, the passing of a petitioner or applicant may have a significant impact on how a visa petition turns out. The petition is automatically cancelled if the petitioner passes away before the principal applicant immigrates to the United States. This implies that the consular officer will be unable to grant a visa to any of the petition’s beneficiaries and must instead send the petition back to the Department of Homeland Security (DHS).
You may ask for the reinstatement of your petition on humanitarian grounds if there are compelling humanitarian circumstances.
Navigating the different immigration regulations that can apply to them after a family member’s death is only one of the difficulties faced by people who want to immigrate despite the death of a family member who was a key component of their immigration application. Keep in mind that this may be your final opportunity to become a permanent resident in the US. After waiting for so long, you don’t want to miss your chance to make things right. Most people either try to file alone or they employ a lawyer or agent that lacks competence. You should pick your attorney carefully because this could be your only opportunity to immigrate and realize your ambitions.
Only a qualified attorney can assess your situation and inform you of the best provision for your petition. What documents are needed to request reinstatement for humanitarian reasons? How should your file be set up for a humanitarian request? How can I demonstrate humanitarian proof? What legal documents is USCIS willing to accept? How do I file? How can you follow up? These are the types of inquiries that an attorney can handle with ease.
Although humanitarian reinstatement is a restricted discretionary solution, it could occasionally be the only option left to survivors.
We only charge the bare minimum since we are sensitive to your loss’s suffering. Our law company has created a unique pricing structure just for these types of matters. The outcome is 99.9%.
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