The I-130 petition is filed by a US citizen or lawful permanent resident to establish the relationship of certain alien relatives who may wish to live permanently in the United States. If you are a citizen, you may file this form for your husband, wife, or unmarried child under 21 years old; an unmarried child over 21; a married child of any age; a brother or sister if you are at least 21 years old; or your parent if you are at least 21 years old. If you are a lawful permanent resident you may file this form for your husband or wife; or your unmarried child (any age).
Note: It must be remembered that the Immigration Service is very suspicious of marriage cases, especially where the marriage is relatively recent. Therefore, you must be prepared to provide substantial documentation concerning the bona-fides of the marriage at the time of the interview. Please read the instructions, attached to the petition, carefully to determine who can file the petition and what documents will be needed to establish the family relationship, and to establish US citizenship or lawful permanent residence status.
On the I-130 form, the petitioner is the US citizen, or in some cases the US lawful permanent resident alien who is seeking to bring his or her relative to the United States. The beneficiary is the non-resident alien relative of the petitioner who is seeking entry as a permanent resident to the United States. The I-130 petition is used to file for a spouse, parent, a minor child, an adult son or daughter, or a brother or sister. Note: The biographic information forms (G-325A) are only used if it is a spousal petition. In that case, one form is completed for the husband, and one form for the wife.
A residency type photo is attached to the biographic form of the applicable spouse, and the forms are filed together with the I-130 petition. If the beneficiary is in the United States and eligible to file for adjustment of status, he or she should also complete form I-485, together with the biographic information form, photographs, and a medical exam. In addition, the petitioner as well as any other person who will be guaranteeing the beneficiary’s support in the United States should complete the Affidavit of Support (form I-864).
The beneficiary must also attach a copy of his or her birth certificate, passport, I-94, and any other documents that may be required. Again, please read the instructions attached to the application to determine what other documents may be needed, and what the filing fees are. Note: If you are subject to Section 245 (i) of the immigration act, you may also have to pay an additional penalty fee of $1,000. 00. A separate package of each of the above documents, together with an original I-130 petition, must also be provided for each accompanying family member (spouse or minor children), together with applicable filing fees.
In addition, if the applicant for adjustment is in status and wishes to travel outside of the United States while the application for adjustment is pending, then he or she should submit form I-131, together with an explanation of the need to travel, photos, and appropriate filing fee. Both the petition and adjustment application, together with all of the supporting documentation and relating applications, should be hand-delivered, or mailed, to the local immigration office that has jurisdiction over the area where the beneficiary resides.
You should call the local office to determine whether they prefer that you hand-deliver or mail the application, and which method will result in faster processing, since local office procedures frequently change. Note: Whenever you mail any forms or documents to the immigration service, you should always do so by certified mail, return receipt requested, or by some form of express mail for which you can obtain proof of receipt. This is very important in the event immigration loses your application.
In that event you can submit your proof of receipt, with evidence of payment, and you can reestablish your old priority date. Once the application is properly filed, the Immigration Service will issue a temporary work authorization, and will schedule the alien(s) to have his or her fingerprints taken at a local immigration support center. In addition, if it had been requested, the Immigration Service will issue a document known as an advance parole permitting the person to travel out of the US and re-enter without having the application for adjustment being considered abandoned.
When the case is ready for completion, the petitioner, beneficiary, and any accompanying family members will be scheduled for an interview on the petition and application(s). The time frame for issuing work authorization, advance paroles, and scheduling the appointment varies with each immigration office. If an interview can be scheduled within 90 days, then INS may not issue a temporary work permit.
Following the interview, if everything is in order, the immigration examiner will place a temporary resident stamp in beneficiary’s passport (and accompanying family members if any), which will constitute evidence of permanent residence status and work authorization until the alien card arrives in the mail. It usually takes 3-6 months to receive the alien card, but during this period the person is entitled to all the rights of a permanent resident including the right to work, travel, attend school, petition for qualifying family members, etc.