Form I-130 Processing Times
For immediate relatives (spouse or unmarried child) of a U.S. green card holder (legal permanent resident), processing times for Form I-130 currently vary
between 5 and 37 months
(as of April.
Who can file an I-130 petition?
Who Can File an I-130 Form?
US Citizens and lawful permanent residents
can file the petition to bring their family into the United States. However, there are some restrictions based on your citizenship or immigration status. US Citizens can fill out petitions for their spouse, children, parents, or siblings.
Is I-130 a visa petition?
Submitting Form I-130 is the first step in helping an eligible relative apply to immigrate to the United States and get Green Card.
The filing or approval of this petition does not give your relative any immigration status or benefit
. Certain relatives must wait until a visa number is available before they can apply.
What happens when I-130 gets approved?
Adjustment of Status
After I-130 is Approved
The foreign national would file Form I-485, Application to Register Permanent Residence or Adjust Status, as the primary form in an adjustment of status application package.
What happens after you file I-130?
I-130 Receipt Notice
Within two to three weeks after you file,
the USCIS will send you written notification that they have received your I-130 petition
. In addition, a Form I-797C, Notice of Action, will arrive in the mail, providing you with a receipt number you can use online to check your case status.
How much is the fee for I-130?
The filing fee for Form I-130 is
$535
. The filing fee for this petition cannot be waived. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition.
Does the I-130 expire?
How long is the I-130 petition valid? After the I-130 petition is approved and an IV applicant receives an Instruction Package, he/she must apply for a visa within 2 years from the date on the Instruction Package letter.
How do I know if my I-130 is approved?
You can check your I-130 petition's status, and if you notice that your online case status is “approved,” but you still haven't received your NOA2, you can
contact USCIS at 1-800-375-5283
.
What are the 4 types of immigrants?
When immigrating to the US, there are four different immigration status categories that immigrants may fall into:
citizens, residents, non-immigrants, and undocumented immigrants
.
Can I stay in the US while waiting for I-130?
If your family member or employer has merely started the process off for you, by filing what's known as a petition (typically on USCIS Form I-130 or I-140), that's not enough.
A pending or approved petition from a U.S. sponsor gives you no rights to come to or remain in the United States
.
How long does it take for I-130 to be approved 2021?
Average time –
Seven to 32 months
to get a Form I-130 petition (Petition for Alien Relative) approved by USCIS as of early 2021; another six to ten months or longer to get an immigrant visa to come to the United States.
What is your relationship to this relative I-130?
There's some important terminology to get used to.
The “petitioner” is the U.S. citizen spouse
, who is filing this petition on the would-be immigrant's behalf. The immigrant is referred to as “your relative” or the “beneficiary.”
How long is immigrant visa valid for?
You must arrive in and apply for admission to the United States no later than the visa expiration date printed on your visa. An immigrant visa is usually valid for
up to six months from the date of issuance unless your medical examination expires sooner, which may make your visa valid for less than six months
.
Where will my I-130 be processed?
Your I-130 petition will be processed by
the U.S. Citizenship and Immigration Services (USCIS), the Department of Homeland Security's (DHS) immigration branch
.
Is filing I-130 online faster?
According to USCIS, Form I-130 is one of the most widely used forms, and transitioning to online, paperless filing will make their agency “more effective and more efficient.”
Online filing often results in quicker and more streamlined case processing
.
What age can a U.S. citizen filed for parents?
American citizens
over the age of 21
can petition their parents (mother, father, or both) to succeed in living in the United States.
How much money do I need to make to sponsor an immigrant 2021?
For example, in 2021, a sponsor in the U.S. mainland would need to have income (or assets) of
at least $33,125
to cover a petitioner who lives alone and is sponsoring one immigrant and two children (that is, a total of four people).
What documents do I need to send with I-130?
As a U.S. citizen, you have to submit
a photocopy of a birth certificate, passport, certificate of citizenship, naturalization certificate, or consular report of birth abroad
. Lawful permanent residents must submit a photocopy of both sides of your green card or other permanent residence proof.
What happens if petitioner dies after I-130 approved?
Historically, the rule is that the approved “petition dies with the petitioner.” Upon the death of the United States citizen petitioner,
the approved I-130 petition is automatically revoked
pursuant 8 Code of Federal Regulations section 205.1(a)(3)(i)(C) and the beneficiary must affirmatively request reinstatement of …
