Steps After Family-Based Visa I-130 Form is Approved

Getting approval for your family-based visa I-130 form brings your loved ones closer to securing U.S. permanent resident status. After this approval, a series of steps leading to a visa authorization begins.  And in this article, you will learn the actions that support your desire to secure a green card for a loved one.

Strategies to Achieve a Family-Based Visa I-130 Form Approval

When you go through the process of applying for a family-based visa I-130, you aim for success. This is why knowing the proper actions to take during and after application is beneficial to you. Here are steps that can facilitate the approval of your family-based visa I-130 petition:

1. Apply Early: The sooner you apply for a visa, the sooner your case is reviewed. Since the USCIS gets many applicants yearly, applying as quickly as possible puts you ahead of others.
2. Submit an Impressive Application: Although early application is encouraged, you should file your petition correctly. If you are eligible to apply, construct a detailed and accurate petition. You can employ the services of an immigration attorney, when you want to collate documents. Errors in documents or even the Form I-130 can lead to the denial of your visa.
3. Present Strong Relationship Evidence: Present documents that confirm the nature of your relationship with the beneficiary while applying for a family-based visa I-130. This may include birth certificates, marriage certificates, photographs taken together, joint financial or business records, and family or friends attestation. Neatly arrange these documents and label them for easy perusing by the USCIS officials. Also, attach a detailed explanation of your relationship history with the aspiring immigrant to these documents.
4. Meet Financial Requirements: You should meet the financial standards set by the government before applying for a family-based visa I-130. Firstly, the sponsor has to fill out and submit Form I-864, also called the “Affidavit of Support.” This form confirms the petitioner’s financial responsibility. Details about the petitioner’s workplace, income, and assets get reviewed. Additionally, recent tax returns get examined to affirm eligibility.
5. Ensure Information is Current: You should keep your personal and petition-based information current. For example, inform the USCIS if you or your beneficiary change home address. Also, ensure your contact details and email address are functional. This prevents delays caused by outdated information. Details about family status or circumstances like divorce, the birth of a child, or marriage should also be up-to-date.
6. Respond Swiftly to RFEs: The Requests for Evidence signifies that USCIS needs more information to decide on your family-based visa application. Usually, RFEs come with a deadline, and replying promptly with the necessary documents prevents delays. Missing the RFE deadline can negatively affect your visa petition.
7. Track Application Status: You need to monitor the progress of your visa petition. By checking your case status regularly, you become aware of changes or additional requirements on time. Knowing the status of your application also helps you prepare for the next stage. This could include interviews or medical exams.

What Next After Your Family-Based Visa I-130 Form is Approved?

The actions to take after the approval of a family-based visa I-130 form depends on the relationship the immigrant has with the sponsoring U.S. citizen or lawful permanent resident. Some of them are listed below:

1. Approval Confirmation:  After filing the family-based visa I-130 petition, it takes several weeks to receive approval. The approval document is called the “Notice of Action 2” and should be kept safe. If your petition shows an “approved” status online but you have not received your NOA2, contact the USCIS.
2. Wait for Priority Date: The visas available in the family preference categories are limited, so applicants must wait until their priority date is current. The priority date is the filing date of the family-based visa I-130 application. Thankfully, the U.S. Department of State updates an online Visa Bulletin monthly of the visa waiting list for immigrants. An applicant’s petition stays with the NVC until a priority date in their category turns current.
3. National Visa Center (NVC) Processing: After a family-based visa I-130 form is approved, the USCIS sends the case to the National Visa Center (NVC) for pre-processing. This phase often leads to the applicant getting a visa.
4. Applicants outside the U.S.: Immediate relatives living outside the United States will go through consular processing. They will pay the processing fee for the immigrant visa application. They will also pay for the Affidavit of Support. Plus, aside from providing supporting documents to the NVC, they will submit the DS-260 Immigrant Visa Electronic Application.
5. Applicants inside the U.S.: Immediate relatives already living in the U.S. will start the Adjustment of Status process to become permanent residents.

Note that the NVC assigns case numbers to family-based visa I-130 applicants. It also tells them when an immigrant visa number will soon be available.

1. Attend an Interview: After the approval of a visa petition, the aspiring immigrant must prepare for an interview to verify certain information. This interview may take place at a U.S. embassy or a USCIS office. The NVC will notify the beneficiary of the date, time, and location.
2. Visa Acceptance: When the visa is approved, the beneficiary stamps it in their passport. They can then travel to the U.S. and must enter before the visa expires. For beneficiaries already in the U.S., the green card will be sent to the petitioner’s address.

Coleman Law Group Can Help You

Obtaining the approval of a family-based visa I-130 form is encouraging. However, it is only one part of making your relative a lawful resident of the United States. This is where the attorneys at Coleman Law Group become essential partners in your journey. With our guidance, you are presented a path toward achieving your immigration goals. Need more details on the immigration process? Contact us now!