Do I need a lawyer to file I-130?

You can file all immigration forms yourself without an attorney.
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Can you file I-130 by yourself?

If you are the spouse, child, or parent of a U.S. citizen who has abused you, or the spouse or child of a lawful permanent resident who has abused you, you may be eligible to file a petition for yourself independent from your U.S. citizen or lawful permanent resident abuser.
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Is it better to file I-130 online or in person?

According to USCIS, Form I-130 is one of the most widely used forms, and their transition to online, paperless filing was done in order to make their agency “more effective and more efficient.” Online filing often results in quicker and more streamlined case processing.
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How much does it cost to file an 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. DO NOT MAIL CASH.
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What do I need to submit with I-130?

The required supporting documents for an I-130 petition typically include:
  1. Proof that the sponsor is a U.S. citizen or green card holder.
  2. Proof that a legally valid relationship exists.
  3. Proof that the relationship is not fraudulent.
  4. Proof of name changes for the sponsor and/or the person seeking a green card, if any.
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Do I Need an Immigration Attorney to Apply for My Green Card| I-130 VISA PETITION| MARRIAGE VISA



Does I-130 require an interview?

The interview enables USCIS to verify important information about the applicant to determine eligibility for adjustment. For family-based applications, USCIS generally requires the Form I-130 petitioner to appear for the interview with the principal adjustment of status applicant.
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How long does it take for I-130 petition to be approved?

After filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 6 to 12 months for immediate relatives and could take several years for family preference categories. This is an approximation. It may be shorter for some and longer for others.
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How much does an immigration lawyer cost for I-130?

Immigration Attorney Fees

Most attorneys charge a flat fee for preparing an I-130 petition. An average flat fee for the I-130 approval process is around $800; but again, this is only step one in a lengthy process, and the total fee to see it through will likely be a few thousand dollars.
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Can your I-130 be denied?

If you didn't provide enough information for USCIS to make a decision, they may deny your Form I-130. Most likely, USCIS will issue a Request for Evidence (RFE) before the I-130 denial. If you fail to respond to the RFE or do not provide an adequate response, USCIS may deny the visa petition at that time.
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Do I need to submit photo with I-130?

If you are filing Form I-130 (Petition for Alien Relative) or Form I-129F (Petition for Alien Fiancé), you'll also need to submit photos for both the U.S. petitioner and foreign national beneficiary. While you may take your own photos, the most reliable method is generally to use a professional service.
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How long does I-130 take to get approved 2022?

If the foreign partner is outside of the U.S., then the process takes a bit longer (16-18 months). If the I-130 is for a permanent resident filing for a spouse or child under 21, the processing time is 16-30 months. Whether you are in the U.S. or outside of the U.S., we can make your immigration process much easier.
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Who Cannot file an I-130?

No one can file an I-130 on behalf of an aunt, uncle, cousin, niece, nephew, in-law relative or grandparent. For Whom Can I-130 be filed? (cont.) have resulted in the creation of a two-tiered family-based immigrant visa system.
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What happens when I-130 is approved?

Once USCIS approves your I-130 application, your application will be sent to the U.S. Department of State's National Visa Center (NVC) for processing. If your family member's case is not subject to immediate processing, your I-130 application will remain with NVC until processing begins.
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Does USCIS do background check I-130?

U.S. Citizenship and Immigration Services (USCIS) runs criminal background checks on U.S. petitioners in such cases, to find out whether the FBI, sex offender registries, or a related agency have a record of any crimes.
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How do I expedite I-130 processing?

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. (You can access Emma by clicking on the Ask Emma icon on the top right of this page).
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How does USCIS approve I-130?

Although USCIS will consider additional factors before approving an adjustment application, the three fundamental requirements to adjust status require that you must: Be physically present in the United States; Have an immigrant visa immediately available; and. Have a lawful entry to the United States.
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Can immigration lawyer speed up process?

Immigration attorneys can help speed up your immigration case in a few different ways. The most obvious is by using their knowledge and experience to make the process go more smoothly and easily.
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Are immigration lawyers worth the money?

Hiring an immigration lawyer adds additional legal fees to your case, but often it comes with numerous benefits. Hiring an immigration lawyer can save you time and stress and increase your chances of success.
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What happens after filing I-130 online?

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.
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What to do while I-130 is pending?

By presenting as much evidence as possible, you can successfully obtain a visitor visa despite having a pending I-130 petition, but the BURDEN IS ON THE APPLICANT TO PROVE THAT THEY WILL NOT OVERSTAY THEIR VISA AND THAT THEY WILL RETURN BACK TO THEIR HOME COUNTRY TO CONTINUE IMMIGRANT VISA PROCESSING.
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Can I-130 be filed online?

Petitioners residing outside of the United States may file Form I-130, Petition for Alien Relative, online at https://www.uscis.gov or by mail to the USCIS Dallas Lockbox at one of the addresses below.
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Should I file I-130 and I 485 together?

To submit a concurrent application, your I-130 or I-140 and I-485 must be filed together at the same time. Your concurrent application package must have supporting evidence for each form, and you must cover the fees for each form. The USCIS will review both forms in your concurrent application at the same time.
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Which gets approved first I-130 or I-485?

If you are helping a relative apply for a green card, Form I-485 (“Application for Adjustment of Status”) is the second step in the family-based green card process after submitting Form I-130 (“Petition for Alien Relative”).
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Is interview for I-485 or I-130?

The Guidelines. If you filed those two applications together, the interview notice would come on the I-485 case and the I-485 case number. There won't be a reference to the I-130.
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