Petition Family Green Card Form I-130
Does My Family Member Need a I-130 petition to Enter the US?
If you want to help your family member immigrate to the US, you may do so by filing Form I-130. This form, along with the required documentation, proves your relationship with your family member. As well, it places your relative in queue with other potential immigrants, based on the type of relationship and the region from which your family member is immigrating. If your relative can pass all the requirements to secure a visa, he or she will be able to immigrate to the US once a visa becomes available.
If you are a US citizen and your relative is an immediate relative – defined as a parent, an unmarried daughter or son under 21 years old, or a spouse – there is no waiting time involved. If your family member is not an immediate relative, the waiting period will be based on the filing time. Filing early is important for this reason.
When Can my Family Member Immigrate to the US?
Immediate family members of US citizens face no waiting time. If you are a US citizen applying for the immigration of a parent, an unmarried daughter or son under 21 years old, or a spouse, there is no waiting list. Instead, your family member will be asked to apply for a visa as soon as your USCIS I-130 petition is approved. Once your family members are in the US, they can even apply for an adjustment to permanent resident status application (Form I-485) if they are eligible.
For non-immediate relatives, waiting times can vary widely. In some cases, the process can take years. How long it takes depends on when your Form I-130 was filed, how many other applicants are “in line” before your relatives and how many limits have been placed on immigrant numbers in a given year. Once your family member has reached the front of the line, he or she is contacted by the U.S. Department of State and invited to apply for an immigrant visa.
Once a visa number is available (this happens because other applications before your family member’s have been processed), the USCIS will processes the Petition for Alien Relative (Form I-130). This is the first step on the road to immigration. It requires waiting for a visa number before an application for an immigrant visa can be made. To get a general sense of the wait times for various visas right now, visit the “Visa Bulletins” section of the State Department’s web page (www.travel.state. gov/visa).
Can My Family Member Come to the US and Wait Here to Become a Permanent Resident?
No. Filing Form I-130 is only the first step to immigration and does not authorize your family member to enter the US. Form I-130 simply shows your relationship to your relative and allows your relative to enter the queue for a visa. It is important that your relative not try to enter the US without a valid visa. If the relative you would like to have immigrate is an immediate family member -- a parent, an unmarried daughter or son under 21 years old, or a spouse – and has entered the US legally, you can file Form I-130 for them and have them apply for adjustment of status to permanent resident concurrently with that application.
Does Filing Form I-130 Mean That I Have Taken on a Legal Responsibility?
Yes, Under current immigration laws, every person immigrating to the US needs a financial sponsor. If you decide to sponsor a family member and file Form I-130, you will also need to file an Affidavit of Support (Form I-864), showing that you can support your family member financially once they are in the United States. This is a binding contract and if you do not have the assets or income to show that you can offer support, others may need to file to show financial support.
How Do I file Form I-130?
If you have family members you would like to help immigrate into the US, your process will depend on where your relatives live:
- If your family members live outside the US, the first step is to file USCIS Form I-130 with the correct documentation and fees. As part of the application process, you will need to prove your relationship with every relative for whom you are applying and you will need to prove your US permanent residence or citizenship.
- If your relatives have entered the US legally and are in the US, you can file Form I-130 at the same time as they file Form I-485, which is an application to adjust immigration status to lawful permanent resident.