How Long I 130 Takes?

by | Last updated on January 24, 2024

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For immediate relatives of a U.S. citizen, I-130 processing times currently vary between

5 to 16 months

(as of April. 13, 2022). The sooner you get started on your I-130 application, the better.

How long is the I-130 process taking?

As of mid-2020, it took from

seven to 22 months

on average for USCIS to process this form. Upon approval of the I-130 petition, how long it takes before you can come to the United States will depend on whether you are married to a U.S. citizen or a lawful permanent resident (“LPR”) or green cardholder.

How long is I-130 for spouse?

If your Form I-130 will be processed at the California Service Center, the estimated time range is: Permanent Resident Filing for a Spouse —

19.5 months to 25.5 months

. U.S. Citizen Filing for a Spouse — 19.5 months to 25.5 months.

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

.

How can I speed up my I-130?

You can generally request expedited processing by

calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice

.

How long it takes I-130 to get approved 2022?

For immediate relatives of a U.S. citizen, I-130 processing times currently vary between

4 to 37 months

(as of Jan. 26, 2022). The sooner you get started on your I-130 application, the better.

Why is USCIS so slow?

Also the Covid-19 pandemic has contributed to these delays. This was caused by

inefficient processing, understaffing, and various changes in policy due to Covid-19

. Also, during the Trump Administration, USCIS created many new policies designed to actually restrict or delay cases.

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

.

Why is USCIS taking so long to process 2020?

This backlog is

largely due to the USCIS office closures amid the COVID-19 pandemic

. Form I-131 (“Application for Travel Document – Advance Parole”): Applications for advance parole saw a large increase in processing times, from 4.6 months in FY 2020 to 7.7 months in FY 2021.

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

The wait time varies widely but is usually

8-10 months

. After the wait time, the beneficiary can now apply for a green card, and this stage may take 9-11 months. This will be followed by an interview and approval, which may take additional 1-2 months.

What's next after I-130 is 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 submitting 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 does it cost to file 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.

Can I-130 be expedited?


If USCIS approves the expedite request and all of the information and documents provided are in order, they will approve the I-130

. There is no way to know how soon this will happen, but the expedited approval of I-130 typically takes 1-2 months altogether from the time of filing.

Can immigration lawyer speed up process?


An immigration lawyer cannot magically speed up your applications process once it has been submitted

, however by hiring an immigration lawyer you can greatly decrease your chances of unnecessary delays caused by mistakes in your application.

Can I stay in US while I-130 is pending?

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 get approved for spouse 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.

Is USCIS still processing I 130?

Clarifies that

USCIS will, generally, no longer accept and adjudicate routine Form I-130 petitions at its remaining international offices, as of February 1, 2020

, 2 and outlines filing options, including the new Form I-130 online filing.

Does immigration check your Facebook?

The short answer is

no, USCIS officials will no longer look through your social media accounts before they approve your green card petition

. The short answer is no, USCIS officials will no longer look through your social media accounts before they approve your green card petition.

Is USCIS processing faster now?


USCIS announced a final rule expanding premium processing, which is an expedited service now available only to petitioners filing for temporary workers and to certain employment-based green card petitioners

.

Do I need a lawyer to file Form I-130?


No. One can always file an I-130 petition on their own, without the assistance of an attorney to do so.

Can I petition my brother?

If you are a U.S. citizen, and at least 21 years old, you can petition for your siblings (brothers or sisters) to live in the United States as green card holders (lawful permanent residents). Siblings include children from at least one common parent. You do not necessarily need to be related to your sibling by blood.

How long after case is being actively reviewed by USCIS?

USCIS Case Status Message Explorer

According to Lawfully's data analysis of USCIS case status message updates, among the people who received the status message “Case Is Being Actively Reviewed By USCIS,” the most probable next update message is “Case Approved,” (at 79%) after

an average of 6 days

.

Maria LaPaige
Author
Maria LaPaige
Maria is a parenting expert and mother of three. She has written several books on parenting and child development, and has been featured in various parenting magazines. Maria's practical approach to family life has helped many parents navigate the ups and downs of raising children.