Form I-130 Explained

Form I-130, Petition for Alien Relative, is a form issued by the U.S. Citizenship and Immigration Services (USCIS). It is used by U.S. citizens or lawful permanent residents (green card holders) to petition for certain qualified relatives to come and live permanently in the United States.

The purpose of Form I-130 is to establish the qualifying family relationship between the petitioner (the U.S. citizen or green card holder) and the beneficiary (the foreign relative). The form is typically filed by a sponsoring family member on behalf of their spouse, child, parent, or sibling who wishes to immigrate to the U.S. as a lawful permanent resident.

Key points about Form I-130:

1. Sponsorship: The form is filed by a sponsoring family member who must be a U.S. citizen or lawful permanent resident.

1. Family Relationships: It is used to establish qualifying relationships with spouses, parents, children, and siblings.

1. Purpose: The purpose of the form is to initiate the family-based immigration process, allowing the foreign relative to eventually apply for an immigrant visa or adjustment of status.

1. Filing and Processing: The form is typically submitted to the USCIS, and once approved, it sets the stage for the foreign relative to apply for an immigrant visa through consular processing or for adjustment of status if they are already in the U.S.

1. Priority Dates: Due to numerical limitations on certain family-sponsored categories, the filing of Form I-130 establishes a priority date, and the processing time depends on the category and the relationship involved.

It’s important to carefully follow the USCIS instructions and requirements when completing and submitting Form I-130 to ensure proper processing and consideration of the immigration petition.