December 20, 2016 Katie

I-130 by Permanent Residents

I-130 by Permanent Residents

 Spouses, Children and Sons/Daughters Over 21 and Not Married:

 

WHO IS ELIGIBLE?

A lawful permanent resident (LPR) may petition for his/her spouse, unmarried child, unmarried son or daughter to immigrate to the United States.

Congress has limited the number of family members who may immigrate under these categories each year so there is generally a waiting period before an immigrant visa becomes available.

 

AN LPR MAY PETITION FOR THE FOLLOWING FAMILY MEMBERS:

  • Spouse (husband or wife),
  • Unmarried children under age 21, or
  • Unmarried son or daughter age 21 or older

TO PETITION FOR A FAMILY MEMBER, AN LPR MUST:

  • Provide proof that he/she is an LPR.
  • Submit evidence of the qualifying relationship between the LPR and his/her family member, such as a birth certificate, marriage certificate, divorce decree, etc. See the Form I-130 instructions for specific documents required.
  • Submit proof of any legal name change for the LPR and/or his/her family member (if applicable).

 

HOW TO APPLY

In order to petition for a family member to come and live permanently in the United States, an LPR (the “petitioner”) must:

  • Complete the Form I-130, Petition for Alien Relative: Review the form instructions for directions on completing the Form I-130.
  • Submit the Filing Fee(s): Include the appropriate filing fee with the Form I-130 and biometric services fee (if applicable). Refer to the Form I-130 instructions for further details.
  • Submit evidence: Include all required initial evidence and supporting documentation for the Form I-130, including documents to show LPR status and evidence of a qualifying relationship to the family member on whose behalf the LPR is petitioning (the “beneficiary”).
  • Sign and file the Form I-130: File the petition at the correct filing location according to form instructions.

If the petitioner wants to receive an e-Notification, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of the petition.

 

WHAT HAPPENS AFTER YOU APPLY

Once USCIS receives the Form I-130, we will process the application and then:

  • USCIS will mail a receipt confirming that we received the petition.
  • USCIS will notify the LPR (“petitioner”) when we make a decision. Normally, when we approve the petition, we send it to the U.S. Department of State’s National Visa Center (NVC).
  • When the family member’s (“beneficiary’s”) place in line permits issuance of an immigrant visa, the NVC will notify the LPR and his/her family member, inviting the family member and any qualifying dependents to apply for immigrant visas.

View More Information About Preference Categories

When the time comes for the family member to immigrate, the LPR must agree to be his or her financial sponsor by completing a Form I-864, Affidavit of support.