how to petition a relative for an immigrant visa

^{Filing an I-130}

• Complete the most current petition form (I-130 Petition for Alien Relative)
• Submit the completed form with the supporting documents to the specific USCIS Lock Box facility. The location of the Lock Box facility depends on your permanent address in the U.S.
• Include the correct filing fee with the petition and supporting documents. The fee is currently set at $535. ...
• The USCIS will release an I-797 Notice of Action. This is the Acknowledgment Receipt or the Receipt Notice.
Sometimes, the USCIS will send you a notice to submit additional evidence . This document is called the Request for Further Evidence (RFE). ...
Once the USCIS has finished assessing your petition, it will forward the case petition to the National Visa Center (NVC). ...

How do I apply for an immigrant visa for a relative?

You must file a petition for your relative (Form I-130, Petition for Alien Relative) and your relative must apply for adjustment of status (using Form I-485, Application to Register Permanent Residence or Adjust Status) or for an immigrant visa through the Department of State.

When to file an I-130 petition for an Alien Relative?

I-130, Petition for Alien Relative. Use this form if you are a citizen or lawful permanent resident (LPR) of the United States who needs to establish your relationship to an eligible relative who wishes to immigrate to the United States. Filing a Form I-130 is only the first step in helping an eligible relative immigrate to the United States.

What is a “petition for Alien Relative?

What is a "Petition for Alien Relative"? Form I-130 (officially called the “Petition for Alien Relative”) establishes that a valid family relationship exists between a U.S. citizen or green card holder and a person seeking a green card. This form is often simply referred to as the “I-130 petition.”

How to petition a family member to live in the USA?

To petition a family member to live in the USA, you, as the sponsor, must take the steps outlined below. Complete the most current petition form (I-130 Petition for Alien Relative) Submit the completed form with the supporting documents to the specific USCIS Lock Box facility.

Who can sponsor a relative for immigration?

Which relatives may I petition for? A U.S. citizen who is at least 21 years or older may also petition for the following relatives: Parents; • Brothers or sisters. When you submit your petition, you are required to provide evidence to prove your relationship to the person for whom you are filing.

How much does it cost to petition alien relative?

$535$535. You may pay the fee with a money order, personal check, or cashier's check. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions.

How do I sponsor an immigrant relative?

on a relative petition must have a financial sponsor. If you choose to sponsor your relative's immigration by filing a Form I-130, Petition for Alien Relative, you must agree to be the financial sponsor and file an affidavit of support when the time comes for actual immigration.

How long does it take to petition a relative?

5 to 12 monthsAfter filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 5 to 12 months for immediate relatives and could take several years for family preference categories. This is an approximation. It may be shorter for some and longer for others.

How long does it take for I-130 to be approved 2022?

Between five and 14.5 monthsAverage time - Between five and 14.5 months to get a Form I-130 petition (Petition for Alien Relative) approved by USCIS as of early 2022; another six to 11 months or longer to get an immigrant visa to come to the United States.

Do you need a lawyer for I-130?

One can always file an I-130 petition on their own, without the assistance of an attorney to do so.

What is the minimum income to sponsor an immigrant?

The most common minimum annual income required to sponsor a spouse or family member for a green card is $22,887. This assumes that the sponsor — the U.S. citizen or current green card holder — is not in active military duty and is sponsoring only one relative.

How long it takes to petition brothers or sisters?

After you've filled out Form I-130 and submitted it to the USCIS, all you can do is wait to hear back from them. If you've submitted everything correctly and accurately, the application will be approved. This usually takes somewhere between 2 to 5 years. But the waiting time may further extend in some cases.

What is immediate relatives for visa?

There are two types of family-based immigrant visas: Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year.

What happens after petition is approved?

After USCIS approves your petition, they will transfer your case to the Department of State's National Visa Center (NVC) for pre-processing. The first step in this processing is the creation of your case in our system. Once this is complete, we will send you a Welcome Letter by e-mail or physical mail.

How much does Form I-130 cost?

$535What Is the Filing Fee? The filing fee for Form I-130 is $535. The filing fee for this petition cannot be waived.

How long does it take to get a visa after I-130 approval?

That can often take six to eight weeks after approval of the I-130, and possibly even longer. When NVC receives your case, it will send you a notification, typically via email. If you're a "preference relative" (on a waiting list), that delay won't affect you much.

How much does the I-130 petition cost?

$535What Is the Filing Fee? The filing fee for Form I-130 is $535. The filing fee for this petition cannot be waived.

How long it takes to petition brothers or sisters?

After you've filled out Form I-130 and submitted it to the USCIS, all you can do is wait to hear back from them. If you've submitted everything correctly and accurately, the application will be approved. This usually takes somewhere between 2 to 5 years. But the waiting time may further extend in some cases.

How much does it cost to sponsor an immigrant?

How to meet the U.S. government's financial sponsorship requirements. The most common minimum annual income required to sponsor a spouse or family member for a green card is $22,887.

How much does it cost to bring someone to the US?

around $4000 to $12,000The cost to immigrate to the US including the entire process will be around $4000 to $12,000. When an individual applies with the United States Citizenship & Immigration Services (USCIS), you need to pay several fees.

How to become a lawful resident?

Becoming a lawful permanent resident is a two-part process. You must file a petition for your relative (Form I-130, Petition for Alien Relative) and your relative must apply for adjustment of status (using Form I-485, Application to Register Permanent Residence or Adjust Status) or for an immigrant visa through the Department of State.

Can I apply for permanent resident status if my parent is 21?

If your qualifying immediate relative currently resides in the United States and wants to apply for lawful permanent resident status, they may apply using Form I-485 at the same time or after you file Form I-130.

Do I need a financial sponsor for a relative petition?

Under U.S. law, every person who immigrates based on a relative petition must have a financial sponsor. You may need to file Form I-864, Affidavit of Support Under Section 213A of the INA. See our Affidavit of Support webpage for more information.

How much does it cost to file a USCIS lockbox?

Include the correct filing fee with the petition and supporting documents. The fee is currently set at $535. You may pay the fee with a money order, personal check, or cashier’s check. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. Service centers are not able to process credit card payments.

What is a petitioner on an I-130?

A Petitioner is the U.S. citizen or lawful permanent resident (green card holder) filing the petition on Form I- 130, Petition for Alien Relative. The principal applicant, or principal beneficiary, is the person you are sponsoring and whose name appears on the I-130.

Where are NVC interviews held?

The NVC will send the interview schedule to the principal applicant. Embassy interviews are held at the nearest consular post where the principal applicant resides. Hence, the principal applicant must have his medical examination completed before appearing for the visa interview.

What is the RFE for USCIS?

Sometimes, the USCIS will send you a notice to submit additional evidence . This document is called the Request for Further Evidence (RFE). Observe the deadline or the time when you must submit the evidence to the requesting USCIS office.

What is the I-797 Notice of Action?

Service centers are not able to process credit card payments. The USCIS will release an I-797 Notice of Action. This is the Acknowledgment Receipt or the Receipt Notice.

What is the priority date of a petition?

The priority date of the petition you filed is current.

What is on a birth certificate?

Your birth certificate must have the names of your parents on it.

Where to file I-130?

Petitioners residing outside of the United States may file Form I-130, Petition for Alien Relative, online at https://www.uscis.gov or by mail to the USCIS Dallas Lockbox at one of the addresses below.

What is the form for widower?

U.S. Embassies and Consulates may accept these petitions: Form I-360, Petition for Amerasian, Widow (er), or Special Immigrant – only when filed by the widow or widower of a deceased U.S. citizen and the widow or widower legally resides in the consular district of the U.S. Embassy or Consulate at which he or she is requested to file.

Where to file I-130 in Dallas?

USCIS. Attn: I-130. 2501 S. State Hwy, 121 Business. Suite 400. Lewisville, TX 75067. For additional information about how to file a Form I-130 with the USCIS Dallas Lockbox, please visit the USCIS website or call USCIS at 1-800-375-5283.

When will I-130 be accepted in Ghana?

The USCIS offices in the United Kingdom and Ghana will continue to accept and adjudicate Forms I-130 until March 31, 2020 for U.S. citizens residing in the United Kingdom and Ghana. For these cases, petitioners do not need to establish exceptional circumstances.

What is family preference visa?

Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.

What is family based immigration?

Family Based Immigration. A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder).

What is immediate relative visa?

Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year.

Can a permanent resident file an immigrant visa?

U.S. Lawful Permanent Residents can only file an immigrant visa petition for their:

How Far Along the Process Has the Immigrant Visa Petition Gotten?

To understand whether and how the petitioner or beneficiary can back out, you first have to understand a bit about the visa petition process. The initial petition must normally be filed with U.S. Citizenship and Immigration Services (USCIS), using either Form I-130 ( for family immigration cases) or I-140 (for employment-based immigration cases). USCIS charges a flat fee for processing this. The agency ordinarily takes several months to approve or deny the petition (see its current processing times ).

Who is the beneficiary of an immigrant petition?

(This is sometimes, but not entirely accurately, referred to as being "sponsored.") The person or company that files the petition is called the "petitioner" and the intending immigrant is the "beneficiary." But what if either the petitioner or the beneficiary has a change of mind or the employer no longer needs the employee?

What happens after a petition is approved by USCIS?

After the petition is approved by USCIS, the immigrant, with the help of the petitioner, is brought into the process and files an application for an immigrant visa (if coming from outside the United States) or for adjustment of status (if already in the United States and eligible to use the adjustment of status procedure ).

How long does a family petitioner have to sign an affidavit of support?

Also note that, by this point in the process, all family petitioners have signed an "Affidavit of Support," promising to financially support the immigrant for approximately ten years after he or she gets the green card or until the beneficiary becomes a U.S. citizen, dies, or has the green card revoked. This obligation survives regardless of a divorce.

How to cancel an I-140?

All you need to do is send a letter to USCIS, at whichever office is currently handling the petition, informing it of your decision . Enclose a copy of the receipt notice, if you received one from USCIS.

Can a petitioner withdraw a green card?

If the immigrant visa or green card has been issued, it's much harder for a petitioner to withdraw support and ask that the green card be cancelled. By this time, the immigrant is considered to have acquired U.S. status in his or her own name, and a petitioner would most likely have to allege fraud to have that status revoked (taken away).

How Long Does The Immigrant Relative Petition Approval Take?

Generally, the waiting time for an Approval Notice of an I-130 immigrant relative visa petition is about five months.

Who is considered a petitioner?

You are considered the petitioner if you are sponsoring someone for a green card. The relative whom you are sponsoring is deemed the beneficiary.

What is the purpose of an I-130?

The main purpose is that it shows you have a valid relationship to immigrate your family member. For instance, if you’re attempting to petition your wife for green card benefits, it only serves to show that your marriage is technically legal.

What is the first step in the visa process?

As noted earlier, the first step of the visa process is to complete and submit Form I-130.

What is the first step in the family green card process?

Filing the Form I-130 is the first step in the family green card process.

How many steps are there to help a relative win the right to live and work in the U.S.?

Helping a relative win the right to live and work in the U.S. is a two-step endeavor.

Can I file an I-130?

We never file an I-130 unless we have conducted a complete interview with both the petitioner and beneficiary.

What does it mean to be married while in immigration court?

A spouse, if you married your spouse while he or she was part of any immigration court proceedings (a hearing in an immigration court for someone facing deportation, or, more formally, “removal”) Any relative, if USCIS has determined that this person married, or attempted to marry, purely for immigration purposes.

What is an I-130?

Form I-130 (officially called the “Petition for Alien Relative”) establishes that a valid family relationship exists between a U.S. citizen or green card holder and a person seeking a green card. This form is often simply referred to as the “I-130 petition.”. Filing the I-130 petition with U.S.

What is a spouse in a marriage?

A spouse, if you and your spouse were not both physically present at the marriage ceremony. A spouse, if you became a green card holder through a prior marriage to a U.S. citizen or green card holder — unless you are now a naturalized U.S. citizen or have been a green card holder for at least five years.

Where to file for USCIS?

If you live outside the United States, you may file at the USCIS Dallas Lockbox or online. If there are special circumstances, you can request to file at the closest U.S. Embassy.

How to file I-130?

You can file Form I-130 either online or via mail. To file online, you need to create an online account with USCIS. This will also make it easier to receive case alerts, check your status, upload supporting evidence and see all case correspondence.

How is my place in line determined?

citizen (who get to skip the line entirely), your place in line is determined by your “ priority date ,” which is simply the date that USCIS received your I-130 petition. Typically, petitions are processed in the order they are filed.

Where do I send my I-130?

Depending on which state you live in and whether or not your relative is filing Form I-485 as well, USCIS will require you to send to either the Dallas, Chicago or Phoenix Lockbox.

Requirements For Filing An I-130 Petition

• Essentially, you must provide evidence of legal immigration status either as a U.S. citizen or LPR to prove your eligibility to sponsor a foreign-citizen family member. These are the documents to prove your immigration status. 1. Certificate of birth in the U.S. or a Certificate of Naturalization, or a copy of your current and valid U.S. passport. ...

See more on visacenter.org

Documents to Prove Relationship to The Sponsored Relative

Proof of The Ongoing Relationship

Filing Fee and Where to File