How does the I-130 process work?

U.S. citizens and lawful permanent resident petitioners residing in the United States must file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This can be done either electronically or through the traditional paper process through the mail.

How long does it take for an I-130 to be approved?

Approximately 6 to 12 Months After Filing

Most Form I-130 petitions for immediate relatives are approved within a 6 to 12 month time frame, but they can take longer in some cases. If you are in the United States and also filed an application to adjust status, USCIS will begin reviewing Form I-485 at this point.

What are the steps after I-130 approval?

Generally, once we approved the petition, your relative may apply to become an LPR (get a Green Card). If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Can I-130 be approved without interview?

Generally, the Form I-130 petitioner must attend an interview with the principal's adjustment of status applicant, as well as all derivative applicants regardless of filing category.

How does Form I-130 work?

A citizen or lawful permanent resident of the United States may file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish the existence of a relationship to certain alien relatives who wish to immigrate to the United States.

May 2022 I-130 Processing Time-What Happens after Filing?

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.

Do I-130 get denied?

Yes, the I-130, like any other visa petition, can also be denied. USCIS denies thousands of such petitions every year – and while the reasons may vary, some of them may be easily avoided.

What can cause I-130 to 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.

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.

What happens after I-130 is submitted?

After your I-130 is approved, USCIS will send it to NVC for pre-processing. Then, NVC will begin collecting fees, forms, and documents from the petitioner and beneficiary.

Does USCIS check your text messages?

No, USCIS does not have the authority to go through a persons phone. USCIS is a service agency and only has the authority to assign immigration statuses and investigate if the paperwork is genuine and viable. They cannot go through your phone as such.

What evidence do I need to file I-130?

As a U.S. citizen, you have to submit a photocopy of a birth certificate, passport, certificate of citizenship, naturalization certificate, or consular report of birth abroad. Lawful permanent residents must submit a photocopy of both sides of your green card or other permanent residence proof.

Can I travel while I-130 is pending?

If your spouse or other family member has filed an I-130, Petition for Alien Relative, on your behalf, then it may be challenging to convince a consular officer that you do not have “immigrant intent” in the US. Nevertheless, it is possible to visit the US with a pending I-130, and we have seen many clients do it.

What to do while I-130 is pending?

Can you visit the US while your I-130 is pending? You do not need to reapply to enter the US if you live in a country that participates in the visa waiver program (ESTA) or if you currently have a valid visitor visa in your passport. If neither of these situations apply to you, you must apply for a B1/B2 guest visa.

Can I apply for green card while I-130 is pending?

You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.

How can I speed up my I-130 petition?

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).

Can I bring my wife to USA while I-130 pending?

Entry into the USA while immigrant petition is pending

Once you have filed an I-130 form, your spouse is eligible to apply for a nonimmigrant visa. This will enable your spouse to live and work in the U.S. while the visa petition is pending. To apply for a nonimmigrant visa, you must file an I-129F form.

Is it better to file I-130 online or paper?

Does filing online make things easier or faster? Submitting documents online is naturally faster than sending them through the mail. However, nothing else about the Form I-130 process is different. Filing the form online does not speed up the government's review process, nor does it change what authorities want to see.

What kind of background check does USCIS do?

A.

The background and security checks include collecting fingerprints and requesting a “name check” from the Federal Bureau of Investigations (FBI). In addition, USCIS conducts other inter-agency criminal background and security checks on all applicants for naturalization.

Does USCIS visit your home?

One of the things we've learned is that in many marriage cases, USCIS comes to visit the house. They want to make sure that the address on file is valid.

Can immigration Look at your phone?

U.S. immigration officers have broad authority to search travelers' luggage and belongings when they enter the United States. That authority extends to cellphones, laptop computers, and tablets.

What does it mean when USCIS is actively reviewing your case I-130?

Q: What does it mean when your case is being actively reviewed by USCIS I 130? A: It means your case is assigned to someone who is reviewing it to see what more information is needed, and if all the requirements are met. Basically, they got around to the case and it's not in the huge pile waiting.

How long does USCIS take to approve a case?

AAO appellate review: The AAO strives to complete its appellate review within 180 days from the time it receives a complete case record after the initial field review. Some cases may take longer than 180 days due to factors beyond the AAO's control.

How do I know if USCIS approved my case?

With your receipt number, you can check the status of your case on www. uscis.gov and also register on our Web site for automatic case status updates while we process your case. Processing Times: Applications are processed by visa preference category in the order they are received.

Does USCIS update case status every day?

Be aware that USCIS updates its average processing times once a month.