Author: Massiel Silva Tadeo, Founder, Tadeo & Silva
Attorney Massiel Silva Tadeo is a partner and owner at The Tadeo & Silva Law Firm. She specializes in removal (deportation) defense, family immigration, and hardship waivers. Published on: August 5, 2019, Last updated on: August 15, 2019.
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 I-130 Petition from the trusted immigration attorneys at Tadeo & Silva.
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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 upon a fraud.
Submitting Form I-130
Submitting the form I-130 petition with U.S. Citizenship and Immigration Services (USCIS) is the first step in the family-based immigration process.
Unless you fall among the few categories of individuals who can skip the line, your processing is determined by the date that USCIS received your I-130 petition. Consulting a lawyer with experience in family-based immigration is generally your best option in understanding these complicated forms.
When Will Your I 130 Be Processed?
Usually, petitions are processed in the order they are submitted. As with any official process, it can take a while to process an I-130 form. This is due in part to the large volume of requests the government receives.
Get the Facts on I-130 Processing
Trusted immigration attorneys at Tadeo Silva Law are ready to help.
Legitimate Form I-130
U.S. residents can submit form I-130 petitions 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
- 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 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, make sure to submit an I-130 petition with extra supporting documents in these circumstances.
Submitting Form I130
Submitting a form I130 is just the initial step in assisting a relative to immigrate to the U.S. Qualified relatives need to wait until there is an available visa number before they can become a permanent resident.
Closely Follow the I-130 Instructions
The I-130 petition instructions direct you to where you should submit the form. This depends partly upon where you live and whether you’re submitting only the I-130 or filing it with an I-485 also called the Application to Register Permanent House or Change Status.
If you are a U.S. citizen residing outside the U.S. where the USCIS has an international office, submit your documentation to the USCIS Chicago Lockbox facility. Otherwise, file at the U.S. embassy or consulate.
Form I-130 Instructions
Closely follow the I-130 instructions. Improperly completed immigration forms are generally delayed or declined, which can be devastating.
Our dedicated, experienced and here to help you achieve your immigration goals. Contact our team of trusted immigration attorneys in Atlanta for a final document review before submitting your Form I-130.
I-130 Instructions Help Now
Access the I-130 Checklist
Consult the I-130 checklist to ensure you submit your petition with the correct supporting documents to prove you have a legitimate familial relationship with the individual looking for a permit. The I-130 petition supporting files usually consist of:
- Proof that sponsor is a U.S. citizen or green card holder
- Proof of relationship
- Proof of any name changes for pertinent individuals
- Proof of nationality
Supporting files may include a copy of the sponsor’s U.S. birth certificate and joint checking account statements.
I-130 Filing Fee
At this time, the I-130 filing fee is $535. To ensure you correctly submit all fees and documents, consult a Georgia immigration attorney.
USCIS I-130 petitions submitted by United States residents can be on behalf of just one recipient. Those petitioning for several loved ones like a partner and kids require separate forms.
When dealing with the USCIS Atlanta regarding the I-130 form 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 processing time depends on the USCIS field office and family relationship. For marriage-based permits, the processing times differ between 7 and 15 months. This depends upon 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.
If you are waiting to hear an update on your I-130 processing time or need assistance with other immigration matters, contact Tadeo Silva Law for trustworthy immigration advice.
Tadeo & Silva Immigration Attorneys
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Duluth, GA 30096
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