Helping a family member obtain a United States green card may not be the easiest of tasks, but it’s achievable. You just need to take a few steps and you’re underway.
Now, one of the first steps to take is to fill out the family based I-130 form, also called the Petition for Alien Relatives. Filling out this form is your way of telling the government that your relative qualifies to apply for an American green card.
But what exactly is the family-based Visa I-130?
Well, you are about to find out in this article. We will also answer some frequently asked questions about this visa type. So, you want to read till the end.
Questions and Answers Related to The Family-based Visa I-130
Here are answers to some possible confusions you might encounter while trying to get this visa…
1. What Documents are Required When Petitioning for Family-based Immigration?
Filing for a family-based immigration visa may not be as complicated as you think, but it certainly has processes. One of them is the submission of all the documents required. Below is a list of these documents:
- USCIS family-based I-130 form, petition for Alien Relative
- USCIS form I-130A, supplemental information for spouse beneficiary (if it involves an alien spouse)
- Marriage certificate/license (where applicable)
- Passport-style photographs (both U.S. citizen and their alien spouse)
- Divorce decrees (where applicable)
- Birth certificates
- Evidence of relationship
- Evidence of financial ability to support the said relative
- The government required a filing fee.
You may be required to submit additional documents and forms depending on where your alien relative presently lives. Additional documents may include:
- Police reports
- Immigration permit
- Court records, etc.
You can always contact a skilled immigration lawyer to help you figure out all the documents that will be needed for your case.
2. Can I Bring My Family Member To The U.S. While Still Processing Their I-130 Immigration Petition?
We’d say it depends on several factors. However, the most important factor is your family member’s current immigration status. If they’re already in the U.S. on a different visa (student visa, visitor visa, non-immigrant visa, etc.), they can remain in the United States and travel into and out of the country, while you carry on with their visa petitioning. However, if the said family member is not already in the U.S., they may find entering the country quite difficult. In such cases, you can contact an experienced immigration lawyer to help them sort out potential issues while waiting for the outcome of your petition.
3. I’m a United States Citizen, and My Spouse Currently Lives Here. How Long Will It Take for My Spouse to Receive Permanent Residency?
Generally, your spouse might have entered the country with an inspection (a border crossing card, visa, or through the Visa waiver program). In this case, the processing time will depend on the speed of the local USCIS office involved. The suitable field office is the one located closest to your residential area.
You can track the processing time on the section of the USCIS website dedicated to tracking local processing time. Simply select the appropriate state and city from the drop-down menu.
4. I’m a United States Citizen, and My Spouse Currently Lives Abroad. How Long Will It Take for My Spouse to Receive Permanent Residency?
Again, the processing time for a spouse living abroad depends on the speed level of the USCIS service center handling the case. However, it’s important to ensure the submission of the Family Based I-130 form to the corresponding office closest to you.
You can always track the local processing time by visiting the USCIS website dedicated to it. Click on the section for the Form I-130 from the drop-down menu and select the suitable service center closest to you.
5. Is There Any Difference Between Preference Relatives and Immediate Relatives in Family-based Immigration?
Yes, there’s a significant difference between both types of family members. While both are eligible for citizenship application via the family-based visa I-130, there’s a difference in how both applications are treated. Relatives, such as spouses, parents, and unmarried children of U.S. citizens, are categorized as immediate relatives. This class of relatives have unlimited visas, and their processing time is generally shorter. On the other hand, siblings and unmarried adult children of U.S. citizens are classified as preference relatives. This class has a limited number of visas allocated to them every year. They also typically need to wait longer for processing.
6. Can I Apply for a Green Card Under The Family-Based Visa I-130 Category If I’m Married to a U.S. Citizen?
Yes, you can apply for U.S. citizenship under the family-based visa I-130 category if you’re married to an American citizen. It is, in fact, one of the fastest ways to obtain citizenship. However, you must note that the process requires the submission of appropriate evidence that you are married to your spouse and adhere to all immigration laws. There may be situations where individuals can file a waiver despite entering the U.S. without a permit. You can always contact an experienced immigration attorney to inquire about your present status and chances.
7. What Happens if Form I-130, Petition for Alien Relative, Beneficiary Misses The Interview Appointment?
If, as a beneficiary, you miss the interview appointment, you should expect the Immigrant Visa Unit to reschedule the interview appointment. The new date will usually fall one or two months from the date you request the new appointment. You’ll get a mail notifying you of the new date and how to go about it.
Coleman Law Group Can Help You
Applying for your family member to come to the United States through the Family-based visa I-130 route may not be so easy. The steps involved can get complicated if you’re not experienced. But don’t worry; the experienced immigration lawyers at Coleman Law Group have you covered. We’ll offer advice and recommendations while walking you through the process of applying for the U.S. green card. Contact us today to learn about our processes and how we can help your loved one get American citizenship via this route.
