The U.S. immigration law is quite complex, and navigating it can be difficult for anybody, especially when exploring options like the family-based visa I-130. This option is increasingly becoming popular, especially since it’s an easy route to bring family members of U.S. citizens to the United States. But is the process really as easy as it looks? What are the steps involved?
Here’s an article that reviews all you should know about the family-based visa I-130, including a step-by-step guide for a successful application.
What is a Family-Based Visa I-130
U.S. nationals, U.S. citizens, and permanent residents can file for this family-based Visa. The form I-130 is popularly referred to as a petition for an Alien Relative. As its name signifies, the family-based Visa I-130 facilitates the process of visa attainment by a foreign citizen’s family member.
The Form I-130 is the first step of a complex family-based immigration process. It establishes the existence of a qualifying relationship between a U.S. citizen or permanent resident and their foreign citizen relative. Thus, we can see the family-based visa I-130 as a request by a petitioner for the reservation of an immigrant visa for their family member.
The time it takes for the form to be processed and the Visa granted can vary, depending on the type of relationship. For some, it’s just a matter of months, while it can take several years for other people.
Who is Eligible to File for I-130
Only a United States citizen or a lawful permanent resident can file an I-130, usually to sponsor their eligible relatives. But who’s an eligible relative in this context?
The law establishing the family-based Visa I-130 categorizes eligible relatives into two.
- Immediate relatives of U.S. citizens
- Other relatives of U.S. citizens.
Below is a brief explanation of each kind of qualifying relative.
- An immediate relative of a United States citizen
This kind of relative includes parents, spouses, and dependent children (below 21 and unmarried) of U.S. citizens.
- Other relatives of a U.S. citizen
This category includes:
- Children of U.S. citizens (unmarried and aged above 21)
- Married children of a U.S. citizen
- Direct siblings of a U.S. citizen
Please note that the different categories need to be clearly defined. This is because the preference that each attracts typically depends on its category.
Applying For a Family-based Visa
Now that you’ve learned so much about the family-based Visa I-130, you’re probably wondering how to proceed. Don’t worry; we’ve got you covered. The process involves several steps, but most of the steps are straightforward. Here, let’s review most of the steps involved.
- Check eligibility
The first step is to check if the relative you’re petitioning for is qualified for the Visa. Remember that only U.S. citizens and permanent residents can apply for the family-based visa I-130 for their relatives. Refer to the eligibility section above to see whether you or your relative qualifies for this kind of Visa.
- File for the petition
Once you’re sure about your relation’s eligibility for this type of Visa, it’s time to begin the process correctly. Remember that you must be a U.S. citizen or a permanent resident to petition for an Alien Relative. So, you don’t only have to prove your relationship with the person who’s aiming for the Visa; you’ll also need to prove your citizenship. During the filing process, you’ll be required to pay a fee that would usually vary depending on your particular situation. Please inquire about the processes and fees involved in your case before filing for the family-based visa I-130.
- Gather documents
You’ll be submitting loads of documents. Knowing about these documents early enough can help you prepare better. So, we recommend you look up all required documents with the right agency before you begin the process. In most cases, you’ll be asked to submit the following documents:
- Proof of the petitioner’s citizenship or permanent residency status
- Proof of relationship (like birth certificate or marriage certificate)
- Evidence of legal name change (if applicable).
A biometric application will usually follow your submission. Note the exact date and time for this appointment so you can provide your photographs and fingerprints. This information will help you conduct a background check on you and your relative.
- Wait for a decision
Once you’ve submitted all required documents alongside your application, the USCIS will begin to process the information. This is not the time to panic or become impatient. The agency will complete information processing in due time. They may request additional documents or information. If they do, please respond as soon as possible to avoid unnecessary delays in the processing of your Visa. They’ll send you an email notification with their decision. In case of an approval, the petition will be moved to the National Visa Center for further processing. However, if you’re denied, the agency will explain the reasons for your denial and provide further information on how you can go about appealing the decision if you want.
- Complete your visa application
Once your petition is moved to the National Visa Center, they’ll request you to submit a visa application form alongside other documents. They’ll also tell you the date and time for your visa interview with the U.S. embassy. Don’t forget to undergo a medical examination by an approved physician before the interview. Check for required vaccinations.
- Get your Visa
The interview process is usually easy and straightforward. A consular officer will be assigned to ask relevant questions about your eligibility and relationship with the U.S. citizen. If the interview is successful, you’ll be issued a visa that makes you eligible to travel to the United States.
Coleman Law Group Can Help You
So far, you can see how daunting the application process for a family Visa I-130 can be. However, a qualified immigration attorney can help you simplify the process. We have tons of experienced immigration lawyers at Coleman Law Group who can help you minimize the risk of critical errors during application. Contact us now to learn how we can help simplify the process for you.
