Understanding the I-130 Petition: A Comprehensive Guide

Form I-130 is a United States immigration form known as the “Petition for Alien Relative.” This form is used to officially establish a familial relationship between someone who holds a green card or is a U.S. citizen and someone who wishes to obtain a green card. On this page, you’ll learn everything you need to know about the form I-130 Petition from the trusted immigration attorneys at Tadeo & Silva.

What Does I-130 Approval Mean?

Form I-130 is a United States immigration form known as the “Petition for Alien Relative.” This form officially establishes a familial relationship between someone who holds a green card or is a U.S. citizen and someone who wishes to obtain a green card (lawful permanent residence).

On this page, you’ll learn everything you need about the form I-130 Petition from the trusted immigration attorneys at Tadeo & Silva.

Form I-130 Petition for Alien Relative

Formally called the “Petition for Alien Relative,” the I-130 is a form sent to the United States Citizenship and Immigration Services by a U.S. citizen or lawful Permanent Resident who is petitioning for an immediate relative wanting to immigrate to the United States.

Form I-130 is the documentation that establishes a legitimate family relationship between a U.S. person or Green Card holder and an individual looking for a permit. Many aspects are quite complex and better explained by a qualified Georgia immigration attorney, such as those from Tadeo Silva Law.

Marital Relationship I-130 Form

In the context of a marital relationship visa, the I-130 form is submitted to show that your marital relationship is lawfully legitimate and isn’t based on marriage fraud. 

Submitting Form I-130

Submitting the form I-130 petition to U.S. Citizenship and Immigration Services (USCIS) by U.S. citizens or lawful permanent residents is the first step in the family-based immigration process. Qualified relatives need to wait until there is an available visa number before they can become permanent residents. 

Form I-130 can be found here. Additional forms include those for Spouse Beneficiary and E-Notification of Application/Petition Acceptance.

Legitimate Form I-130

U.S. residents can submit form I-130 petition for their partners, kids, parents, and siblings. The U.S. resident or permit holder who submits the petition is the “petitioner” or “sponsor,” and the individual looking for a permit is the “recipient.”

Form I 130 Exemptions

There are several eligibility exemptions for the Form I 130 petition. These include the following loved ones:

• Adoptive parents or children adopted after the age of 16
• A biological parent who became a green card holder through adoption
• Grandparent, grandchild, aunt, cousin, nephew, niece, uncle, or parent-in-law
• Spouse, if one of the parties wasn’t present at the marriage ceremony or the marriage occurred during immigration proceedings
• Anyone USCIS determines was married purely for immigration purposes

Some of these exemptions have exemptions of their own. To properly apply for citizenship, submit an I-130 petition with extra supporting documents in these circumstances.

Form I130: First Step to Getting a Green Card

Submitting a form I130 is just the initial step in assisting a relative in immigrating to the U.S. An I-130 petition for a family-based immigrant visa starts the process of getting a green card.

However, if your I-130 petition is approved, that doesn’t grant you lawful permanent resident status. You will become eligible for a green card classification as a permanent resident. Still, you need to go through a consular procedure in your home country or get an adjustment of status.

The USCIS will send the approval notice, and the next steps depend on whether the immigrant is an Immediate Relative or belong in the Family Preference Category, as well as if the immigrant is in or outside the United States. The day that USCIS accepts the I-130 petition sets a priority date, which is important when a limited number of immigrant visas are available.

Also, the approved petition used to obtain a permanent residence once can’t be used again. It has to be filed again.

Tadeo & Silva, immigration attorneys in Atlanta, are an experienced team ready to fight for you and your family.

USCIS I-130

USCIS I-130 petition forms submitted by United States residents can be on behalf of just one recipient. Those petitioning for several loved ones, like partners and kids, require separate forms.

When dealing with the USCIS Atlanta regarding Form I-130 or any other matters, seeking the counsel of a local law firm yields the

best results. You can also get the help of a translator for most USCIS matters if you need help with the language. 

What Is the I-130 Processing Time

The I-130 Petition for Alien Relative processing time depends on the USCIS field office and family relationship. But, if you are wondering how long it takes for the I-130 to be approved, it can take five months to a year for immediate relatives.

For marriage-based permits, the processing times differ between 7 and 15 months. This depends on whether the sponsoring partner is a U.S. resident or permit holder and whether the partner looking for a permit resides in the United States or abroad. For family preference categories, the approval after you file form I-130 could take a few years.