Eligibility to File Form I-130

The first step in bringing a family member to the U.S. is determining whether you are eligible to sponsor them and whether they qualify for family-based immigration.

Who Can File?

1. U.S. Citizens: U.S. citizens can file an I-130 petition for the following family members:

• Spouse.
• Children (unmarried and under 21).
• Unmarried adult children (21 or older).
• Married children (any age).
• Parents (if the U.S. citizen is at least 21 years old).
• Siblings (if the U.S. citizen is at least 21 years old).

1. Lawful Permanent Residents (Green Card Holders): LPRs can file an I-130 petition for:

• Spouse.
• Unmarried children (under 21).
• Unmarried adult children (21 or older).

Who Cannot Be Sponsored?

Certain relatives are ineligible for sponsorship under family-based immigration, including:

• Grandparents, aunts, uncles, cousins, and in-laws.
  

Step-by-Step Guide to Filing Form I-130

Step 1: Complete Form I-130

The petitioner must complete Form I-130 accurately and thoroughly. The form collects essential information about the petitioner and the beneficiary, including their relationship and personal details.

Where to File:

• Online through the USCIS online portal, or
• By mail to the appropriate USCIS Lockbox address, depending on the petitioner’s location.

Step 2: Gather Supporting Documentation

To establish the legitimacy of the relationship, the petitioner must submit supporting documents along with Form I-130. The required documents vary based on the type of relationship:

• Spouse:
• Marriage certificate.
• Evidence of a bona fide marriage (joint financial records, photos, affidavits from friends and family).
• Divorce decrees from previous marriages (if applicable).
• Children:
• Birth certificates showing the names of both the parent and child.
• Parents:
• Petitioner’s birth certificate showing the parent’s name.
• Siblings:
• Birth certificates of both the petitioner and sibling, showing shared parentage.

Step 3: Pay the Filing Fee

As of as of January 2025, the filing fee for Form I-130 is $625 for online filing and $675 for paper filing. Payment can be made online (if filing electronically) or by check/money order (if filing by mail).

Step 4: Submit the Petition

Once Form I-130 is completed and all supporting documents are gathered, the petitioner must submit the application to USCIS. If filing by mail, ensure that all documents are organized and submitted in the correct order.

What Happens After Filing Form I-130?

After USCIS receives the I-130 petition, the following steps occur:

1. Receipt Notice (Form I-797): USCIS will issue a receipt notice confirming that they have received the petition. The receipt number on this notice can be used to track the status of the case online.
2. USCIS Processing: USCIS will review the petition and supporting documents. If additional information is needed, USCIS may issue a Request for Evidence (RFE). Responding to an RFE promptly is crucial to avoid delays.
3. Approval or Denial: Once USCIS completes its review, they will either approve or deny the petition. If approved, the petition will be forwarded to the National Visa Center (NVC) for further processing (for beneficiaries outside the U.S.) or allow the beneficiary to file for adjustment of status (for beneficiaries already in the U.S.).
4. If the petition is denied, USCIS will provide a detailed explanation. The petitioner may appeal the decision by filing Form I-290B, Notice of Appeal or Motion.
   

Timeline for Form I-130 Processing

The processing time for Form I-130 varies based on several factors, including the petitioner’s status (U.S. citizen or LPR), the type of relationship, and the USCIS service center handling the case.

Estimated Processing Times

• Immediate Relatives of U.S. Citizens: 6 to 12 months.
• Family Preference Categories: 12 months to several years, depending on visa availability.

To check the current processing times, visit the USCIS Processing Times page and enter your receipt number.

Common Challenges in the I-130 Process

1. Insufficient Documentation

One of the most common reasons for delays or denials in the I-130 process is insufficient documentation. Providing comprehensive evidence of the relationship is crucial.

Solution: Use a checklist to ensure all required documents are included. Providing additional evidence, such as affidavits and photos, can strengthen the petition.



2. RFE (Request for Evidence)

If USCIS finds missing or unclear information, they may issue an RFE. This can delay the process significantly.

Solution: Respond to RFEs promptly and provide all requested information.

3. Long Wait Times for Family Preference Categories

For family preference categories, long wait times due to annual visa caps can be frustrating.

Solution: Regularly check the Visa Bulletin to stay informed about visa availability. Consider consulting an immigration lawyer to explore potential options for expediting the process.

Tips for a Successful I-130 Petition

1. Double-Check All Information: Ensure that all information on the form is accurate and consistent with the supporting documents.
2. Organize Your Documentation: Submit documents in a logical order and include a cover letter summarizing the contents of your application package.
3. Stay Informed: Regularly check your case status online using the receipt number provided in the receipt notice.
4. Seek Legal Assistance: If you encounter challenges or have a complex case, consulting an experienced immigration lawyer in Orlando can help avoid costly mistakes and delays.

Conclusion

Understanding the I-130 process and adhering to its requirements can greatly improve your chances of successfully sponsoring a relative for immigration to the United States. While the process can be lengthy and complex, proper preparation and attention to detail can help minimize delays. Whether you are filing for a spouse, child, parent, or sibling, ensuring that your application is complete and well-documented is key to a successful outcome.

If you are in Orlando or anywhere in the U.S. and need assistance with your I-130 petition, consider seeking help from an experienced immigration lawyer. Professional guidance can make a significant difference in navigating the complexities of family-based immigration, ensuring that you and your loved ones can reunite and build a future together in the United States.