Bringing family members to the United States can be a complex process. However, an I-130, Petition for Alien Relative, provides a pathway for U.S. citizens and lawful permanent residents to sponsor eligible family members. Here’s an overview to help you understand the I-130 requirements, avoid common mistakes, and navigate the process smoothly.
Understanding the I-130 Petition for Alien Relative
Form I-130, also known as the Petition for Alien Relative, is a crucial document used by both U.S. citizens and green card holders to establish a family relationship with an eligible relative who wants to obtain a green card. In addition, form I-130 is an essential step in the immigration process, as a green card grants the right to reside in the United States permanently.
Form I-130 serves as proof of the family relationship between the petitioner and the relative seeking a green card. It is a vital document for two main types of green cards based on family relationships: “immediate relative” green cards and “family preference” green cards.
Immediate Relative Green Cards are available for the following family relationships:
- The spouse of a U.S. citizen
- The unmarried child (under 21 years of age) of a U.S. citizen
- The parent of a U.S. citizen (who’s at least 21 years old)
Family Preference Green Cards are available for the following family relationships:
- An unmarried adult child (age 21 or over) of a U.S. citizen
- The spouse and unmarried children (under 21 years of age) of a U.S. green card holder
- An unmarried adult child (age 21 or over) of a U.S. green card holder
- Married sons and daughters (of any age) of a U.S. citizen
- Brothers and sisters of a U.S. citizen (who is at least 21 years old)
If you can demonstrate your qualifying relationship with your relative, the petition will likely be approved. Once approved, your relative can usually apply to become a lawful permanent resident. If your relative is already in the U.S. and a visa is available, they may be able to get their Green Card by filling out Form I-485, known as the Application to Register Permanent Residence or Adjust Status.
However, some relatives may have to wait until a visa number becomes available before they can apply for either Form I-485 (if they’re in the U.S. and want to adjust their status) or a visa (if they’re outside the U.S.).
Suppose your relative is already in the U.S. but can’t apply for a Green Card through Form I-485, either because an immediate visa isn’t available (or for any other reason). In that case, they can apply for an immigrant visa with the U.S. Department of State at the U.S. embassy or consulate in their home country.
When you fill out Form I-130, you’ll need to select whether your relative plans to apply for adjustment of status within the U.S. or go through visa processing abroad. If your Form I-130 is still being processed and you need to change your selection, you can contact the USCIS Contact Center and ask for a change. However, if the form has already been approved, you may need to file Form I-824, known as the Application for Action on an Approved Application or Petition, to change your selection.
Who is ineligible to submit Form I-130?
Certain requirements must be met to submit an I-130 petition, even if you have the family relationships mentioned above. You cannot file an I-130 to sponsor any of the following relatives:
- Grandparents, grandchildren, nephews, nieces, uncles, aunts, cousins, or parents-in-law
- An adoptive parent or adopted child if the adoption occurred after the child turned 16 years old
- A biological parent if you obtained U.S. green card or citizenship through adoption
- A step-parent or step-child if the marriage establishing the step relationship took place after the child turned 18 years old
- A spouse if both you and your spouse were not physically present at the marriage ceremony
- A spouse if you acquired U.S. green card through a previous marriage to a U.S. citizen or green card holder, unless you are now a naturalized U.S. citizen or have held a green card for at least five years
- A spouse if you married your spouse while they were involved in any immigration court proceedings (such as deportation or removal hearings)
- Any relative if USCIS has determined that the marriage or attempted marriage was solely for immigration purposes
It’s important to note that there are exceptions to these exclusions. In certain situations, you may be able to submit an I-130 petition with additional supporting documentation.
Required Documentation
To submit an I-130 petition, you’ll need to provide supporting documents that prove two things: First, that you have the right to file the petition, and second, that you have a valid family relationship with the person who wants a green card.
You’ll usually be required to submit the following documents:
- Proof that you’re a U.S. citizen or green card holder
- Proof that there’s a legally recognized relationship between you and the person seeking a green card
- Evidence that the relationship between you and your relative is genuine
- Official documentation for any name changes for you or the person seeking a green card (if applicable)
- Proof of the nationality of the person applying for the green card
If you’re missing any required documents, you can submit alternative documents, also known as “secondary evidence.” These are other official records that can help USCIS make a decision.
For example, if your birth certificate is not available, you can obtain a statement from the government agency in your home country stating that the birth certificate is not available. Alternatively, you can gather other records like a baptismal certificate or school records showing birth details. Written statements from relatives who can confirm these facts may also be accepted.
Common Reasons for Petition Denial and How to Avoid Them
There are several reasons why USCIS might deny an I-130 petition, which is why it’s essential to work with an experienced immigration attorney during the process. Although USCIS will often allow you to correct issues before denying the petition, an immigration attorney can help prevent delays and additional expenses while making the entire process go smoother.
Here are five common reasons why I-130 petitions get denied:
Insufficient Information
If you fail to provide enough information for USCIS to make a decision, they may deny your I-130. USCIS often issues a Request for Evidence (RFE) to give you a chance to supplement your application. Responding to the RFE promptly and adequately is crucial to avoid a denial. Additionally, ensure that your supporting documents are of high quality, as poor photocopies or untranslated foreign language documents can also lead to a denial.
Eligibility
To file an I-130, you must be eligible and have an eligible family relationship with the beneficiary. Understanding the qualifying relationships is essential, as they fall into either immediate relative or family preference categories. Adoptions and step-relative may make the process more complex. In addition, it can be challenging to acquire the required documentation from some countries, especially if the official documents aren’t available.
Failure to Prove Petitioner’s Status
Only U.S. citizens, U.S. nationals, or lawful permanent residents (green card holders) can file an I-130, so it’s crucial to include proof of your status when submitting the petition. U.S. citizens can provide documents such as a birth certificate, Naturalization Certificate, Certificate of Citizenship, or U.S. passport. Green card holders can submit a copy of their green card or other acceptable documents.
Failure to Prove Family Relationship
Along with having an eligible family relationship, you need to provide evidence to support it. While some relationships are straightforward to prove, others can be more challenging. For example, a child born out of wedlock may not have the father’s name on a birth certificate. Adoptive and step relationships can also require additional documentation to establish family ties.
USCIS Mistakes
Unfortunately, USCIS can make errors that result in an unjustified denial. This can be frustrating and time-consuming. While you can’t control USCIS mistakes, you can make sure your petition package is well-organized to minimize the chances of errors or oversights on their end.
Carefully following USCIS instructions, providing thorough documentation, responding promptly to any requests or notices, and seeking legal assistance will help increase your chances of a successful I-130 petition.
For more information on filing an I-130 Petition for Alien Relative or assistance with your case, please contact Ranchod Law Group at 916-613-3553 or email us at info@j1waiver.net.