Form I-130, officially titled the “Petition for Alien Relative,” is a form used by United States citizens and lawful permanent residents (green card holders) to establish the qualifying family relationship with a foreign national relative who seeks to immigrate to the United States. The primary purpose of Form I-130 is to petition for the classification of a family member as an immediate relative or a family preference relative, making them eligible for immigration to the U.S.
Here are the key points regarding Form I-130:
- Family Sponsorship: The form is typically filed by a U.S. citizen or permanent resident on behalf of their family member who wishes to immigrate to the United States.
- Establishing Relationship: The petitioner (U.S. citizen or permanent resident) must prove the existence of a qualifying family relationship with the beneficiary (the foreign national relative). Eligible relationships include spouses, parents, children, and siblings.
- Preference Categories: Family preference relatives are subject to numerical limitations, and the relationships are divided into different preference categories (such as F1 for unmarried adult sons and daughters of U.S. citizens, F2A for spouses and minor children of permanent residents, etc.).
- Immediate Relatives: Spouses, unmarried children under the age of 21, and parents of U.S. citizens are considered immediate relatives and are not subject to the numerical limitations imposed on family preference categories.
- Submission Process: The completed Form I-130 is submitted to U.S. Citizenship and Immigration Services (USCIS) along with supporting documentation, including proof of the family relationship.
- Approval and Further Processing: If the petition is approved, it establishes the qualifying relationship. The beneficiary may then apply for an immigrant visa if they are outside the U.S. or adjust their status to that of a permanent resident if they are already in the U.S.
Overall, Form I-130 plays a crucial role in family-based immigration to the United States, facilitating the reunification of families by allowing eligible foreign national relatives to join their U.S. citizen or permanent resident family members in the country.
How to fill out Form I-130
Filling out Form I-130, the Petition for Alien Relative, involves providing accurate and complete information about both the petitioner (the U.S. citizen or permanent resident) and the beneficiary (the foreign national relative). The form is available on the official website of U.S. Citizenship and Immigration Services (USCIS). Here is a general guide on how to fill out Form I-130:
- Obtain the Latest Version: Download the latest version of Form I-130 from the USCIS website.
- Read the Instructions: Before you begin, carefully read the instructions that accompany the form. These instructions provide essential information on how to complete each section.
- Complete the Petitioner’s Information:
- Provide your personal information, including your full name, address, date of birth, and contact information.
- Indicate your immigration status (U.S. citizen or permanent resident).
- Provide Beneficiary Information:
- Enter the beneficiary’s full name, address, date of birth, and other requested details.
- Specify the beneficiary’s relationship to you (spouse, child, parent, etc.).
- Provide Information About Marriages:
- If applicable, provide details about your marital history, including information about previous marriages.
- Provide Information About Previous Visa Petitions:
- Answer questions about any previous visa petitions filed for the beneficiary.
- Provide Information About Other People:
- If you are filing for more than one beneficiary, provide information about each additional person.
- Sign and Date the Form:
- Sign and date the form where indicated. If the petitioner is unable to sign, someone else can sign on their behalf, but there are specific requirements for that scenario.
Form I-130 Supporting Documentation:
Along with Form I-130, you will need to submit supporting documents to establish the qualifying relationship. Form I-130 checklist of required documents may include:
- Marriage certificates.
- Birth certificates.
- Evidence of U.S. citizenship or permanent residency.
- Proof of any legal name changes.
Filing the Form:
Once the form is completed and signed, you should:
- Include the filing fee (check the USCIS website for the current fee).
- Mail the form and supporting documents to the address specified in the instructions.
- Use Black Ink: It is recommended to use black ink when completing the form.
- Typing or Printing: If your handwriting is not legible, consider typing or using block letters to complete the form.