Who Cannot file 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.

Who can not file I-130?

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.

Who is eligible for I-130?

Use this form if you are a U.S. citizen or lawful permanent resident (LPR) and you need to establish your relationship to an eligible relative who wishes to come to or remain in the United States permanently and get a Permanent Resident Card (also called a Green Card).

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.

FILE I-130 PETITION FOR SPOUSE WILL BE IMPOSSIBLE IN THIS SITUATION UNLESS...

Can I-130 be approved without interview?

Sometimes, USCIS might be able to approve your I-130 without the need for an interview. If you are a U.S. citizen and you are filing for your parents, or unmarried children under the age of 21 who are in the United States and have filed Form I-485, then you might not need an interview.

Do I need a lawyer to file I-130?

For qualifying relatives, petitioners must provide evidence of a family relationship. Since this status can be subjective and may require supplemental evidence, it is important that all I-130 petitioners hire competent immigration attorneys to assist with their petitions.

How fast can I-130 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.

Who is eligible to sponsor an immigrant?

Eligibility Criteria to Become a Sponsor

You must be a United States citizen or a permanent resident. Immigrants with any other visa status cannot sponsor a person in the US. You must be at least 18 years old at the time of filing the Form I-130. You should have your domicile in the US or any of its territories.

How long is the waiting time for I-130?

Status Adjustment Application for Applicants In the U.S.

You will need to file the I-485, Application to Register Permanent Residence or Adjust Status to adjust your status and receive your green card. On average, the I-130 filed by your sponsor takes between 6 to 12 months to be processed.

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.

Can USCIS blacklist you?

There is no such thing as a "blacklist." Rather, if you have had prior violations of the Immigration & Nationality Act or other concerns, you may be deemed inadmissible to the United States as a result. You may or may not be eligible for a waiver of inadmissibility, depending on the underlying circumstances.

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.

Can I sponsor an immigrant who is not a relative?

Can a U.S. citizen sponsor a non-family member for immigration? Unfortunately, no, you can't petition for a foreign national's visa or green card if they aren't a family member.

Who is considered as family member for USCIS?

The law gives special consideration to immediate relatives of U.S. citizens, which includes a U.S. citizen's spouse, unmarried children under 21 years of age, and parents. There is no waiting list to immigrate these relatives.

How much money is required to sponsor an immigrant?

Income Requirement to Become a Sponsor

The most common minimum financial requirement is an annual income of $22,000. This figure is calculated to be at least 125% above the Federal poverty level based on the ASPE.

How much income do you need to sponsor someone?

The law requires a sponsor to prove an income level at or above 125 percent of the Federal poverty level. (For active duty military personnel, the income requirement is 100 percent of the poverty level when sponsoring a husband, wife, or children.)

Can a friend sponsor an immigrant in US?

While you can't petition for a friend's immigrant visa or Green Card (only family members can do that), you can financially sponsor a friend's immigration petition with Form I-864, Affidavit of Support.

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 is next after 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.

Does an approved I-130 ever expire?

After USCIS approves the I-130 petition, can the petition become invalid? The answer is, “Yes.” In general, approved petitions remain valid for the duration of the petitioner and beneficiary's relationship as well as the petitioner's status as a U.S. citizen or permanent resident.

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.

How much is 1 130 filing fee?

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 I need marriage certificate for I-130?

A marriage certificate is necessary, but more evidence is required to prove a bona fide marriage. It's never too early to begin collecting this evidence. CitizenPath helps our customers through this process.

Who is exempt from USCIS interview?

You can get an exemption from both the English and civics tests if: You have a physical or developmental disability or medical impairment. Your medical disability affects your ability to show you understand English and U.S. civics.