(312) 298-9766
Start your process- SimVisa
- Family-Based Immigration
- Petition for Alien Relative (I-130)
I-130 Petition for Alien Relative
It's okay to feel lost in the U.S. immigration process, but there is a way to citizenship — it is feasible. Our passionate immigration attorneys have been reuniting families for years. Would you like to be next?
98%
Success
Rate
Rate
5.0
17+
Years in
Immigration Law
Immigration Law
Options
Hire an Attorney
With SimVisa, you have the option of receiving full-service legal support - for every aspect of your case - with immigration lawyers from a top-quality immigration law firm.
Step 1: Initial Consultation with SimVisa
Step 2: SimVisa Fills Out Your Immigration Applications
Step 3: SimVisa Prepares Application Package with Evidence
Step 4: A SimVisa Attorney Reviews Your Application Package
Step 5: SimVisa Submits an Application to USCIS For You
Step 6: SImVisa Handles All Communications with USCIS
Step 7: SimVisa Monitors Your Case From Start To Finish
How It Works
AOSGet startedConsularGet started
Self-File
At SimVisa, we understand the temptation to save on lawyer fees by filing on your own. We have a solution for that. When you work with us, your application will be prepared under the supervision of an experienced immigration attorney. You’ll also receive a one-hour consultation to get answers to any questions you might have.
Step 1: SimVisa collected information and documents from you through our online portal
Step 2: Simvisa fills out your forms and prepares your supporting documents
Step 3: A SimVisa immigration attorney goes over your filled-out application and supporting documents with you (1-hour video consultation)
Step 4: Simvisa finalizes your packet with attorney approval
Step 5: We deliver your packet to your door
Step 6: You file with USCIS
How It Works
No items found.
All You Need to Know
Trusted Chicago I-130 Lawyers
At SimVisa, we take immense pride in being the trusted choice for I-130 (Petition for Alien Relative) services in Chicago and beyond. With over 17 years of unwavering dedication, we've assisted countless people in making their family reunification dreams a reality.
Our experienced lawyers combine vast knowledge of immigration law and powerful solutions to streamline your journey. With a remarkable 98% success rate, SimVisa delivers more than results; we deliver hope. We are here to guide and support you at every step, ensuring that no challenge feels insurmountable. Together, we’ll build a path toward a united tomorrow.
Let's Reunite Your Family
Take the first step toward bringing your loved ones closer. SimVisa’s experienced I-130 lawyers are ready to help make your American Dream a reality.
Contact UsWhat Is Form I-130, Petition for Alien Relative?
Form I-130, Petition for Alien Relative, is a crucial document used in the United States immigration process. It's filed by a U.S. citizen or a lawful permanent resident (green card holder) to establish a qualifying familial relationship with a foreign relative who wishes to immigrate to the United States.
The primary purpose of the I-130 petition is to prove the existence of a genuine family relationship between the petitioner (the U.S. citizen or green card holder) and the beneficiary (the foreign relative). This relationship may include spouses, children, parents, and siblings, depending on the petitioner's status.
Who Is Eligible to Submit an I-130 Petition?
Eligibility for filing Form I-130 is primarily determined by the petitioner's relationship with the beneficiary.
The following categories of individuals are generally eligible to make use of Form I-130:
- Spouses: U.S. citizens and lawful permanent residents are permitted to file I-130 petitions for their foreign-born spouses.
- Unmarried children under 21: U.S. citizens and green card holders can file Form I-130 for their unmarried children under 21, including biological, stepchildren, and adopted children.
- Parents: U.S. citizens are eligible to file I-130 petitions for their foreign-born parents.
- Siblings: U.S. citizens can submit Form I-130 on behalf of their brothers and sisters.
Not everyone is eligible to file an I-130 petition, however. This route is not available to the following individuals:
- Adoptive parents or newly adopted children
- Natural parents of adopted U.S. residents
- Grandparents
- Aunts and uncles
- Cousins
- Nieces and nephews
- Friends or non-family members
- In-laws (unless they fit into one of the eligible categories mentioned above)
It's important to note that there may be exceptions and specific circumstances where eligibility can vary. Moreover, immigration laws and regulations are constantly subject to change. If you have questions, don't hesitate to reach out to SimVisa's immigration attorneys at (312) 298-9766.
The Process of Submitting Form I-130, Petition for Alien Relative
Completing Form I-130 is crucial for reconnecting with family in the United States. Here's an overview of how it works:
1. Determination of Eligibility
The process begins with the U.S. citizen or lawful permanent resident petitioner (the sponsor) confirming their eligibility to file an I-130 petition for the intended family member (the beneficiary). As mentioned, a qualified relationship can include spouses, children, parents, and siblings, depending on the petitioner's status.
2. Preparation and Filing of Form I-130
The petitioner must complete and submit Form I-130, Petition for Alien Relative, to U.S. Citizenship and Immigration Services (USCIS).
Along with the form, they must provide supporting documents to verify the relationship, such as birth certificates, marriage certificates, and proof of United States citizenship or permanent resident status. They must also pay the required filing fee. Blank I-130 forms are available at the USCIS website for free.
3. Receipt Notice
After USCIS receives the I-130 petition, they'll issue a receipt acknowledging the filing. This notice will include a unique case number, which is essential for tracking the case's progress.
4. Processing and Review
Next, USCIS will review the petition to ensure completeness and validity and sign off on the authenticity of the provided documents. Officials may request additional evidence if necessary.
5. Request for Evidence
If USCIS officials require more information or documentation, they'll issue a Request for Evidence (RFE). The petitioner must respond promptly and comprehensively to avoid delays.
6. Approval or Denial
When USCIS is satisfied with the provided information and documentation, they'll make a decision. If the petitioner is approved, they'll receive an official approval notice. If they're denied, USCIS will offer a detailed explanation.
7. Forwarding to the National Visa Center
Once USCIS approves Form I-130, the case moves to the National Visa Center (NVC) for further processing if the beneficiary is abroad. For those in the U.S., the approval allows the beneficiary to apply for adjustment of status using Form I-485.
Key steps after approval:
- Consular processing: For beneficiaries outside the U.S., the NVC will initiate the immigrant visa application process, culminating in a visa interview at a U.S. embassy or consulate.
- Adjustment of status: For beneficiaries already in the U.S., filing Form I-485 allows them to transition to lawful permanent resident status.
Important note: Approval of Form I-130 alone does not grant a green card. Additional steps are required to complete the immigration process.
8. Consular Processing
Beneficiaries applying from outside the U.S. must attend a visa interview at the U.S. consulate or embassy in their home country. If approved, they'll receive an immigrant visa allowing them to enter the U.S.
9. Adjustment of Status
If the beneficiary is already in the U.S., they can apply for adjustment of status (Form I-485) to become a lawful permanent resident following the approval of Form I-130.
10. Reunification in the U.S.
Once the immigrant visa is issued or the adjustment of status is approved, the beneficiary can enter or remain in the U.S. as a lawful permanent resident and officially reunite with the petitioner.
Need Help with Your I-130 Petition?
While completing and filing Form I-130 is relatively straightforward, there are many steps involved, and a lot is riding on the outcome. If you’re unsure where to begin, seek assistance from SimVisa’s I-130 lawyers to navigate the family sponsorship process with ease.
Contact UsHow Our I-130 Lawyers Can Help You Petition for Your Relatives
The capable I-130 lawyers at SimVisa are here to guide you through the complex procedure of petitioning for your family members. Here's how our dedicated legal team can help you:
Assessing Your Eligibility
Our attorneys will evaluate your eligibility to file Form I-130 based on your immigration status and qualifying relationship with the family member in question to ensure that you meet all the necessary criteria.
Helping You Gather the Required Documentation
Providing compelling documentation is a pivotal step. We'll educate you about all the supporting documents needed to establish the familial relationship, such as birth certificates, marriage certificates, and proof of your U.S. citizenship or green card status.
Preparing Forms
Our lawyers will help you complete your petition accurately and thoroughly. This will include a detailed review to confirm that all necessary information is included and that the forms are filled out correctly.
Submitting Your Documents and Monitoring Your Status
Our team will submit your finished petition to USCIS on your behalf. We'll then track the progress of your case and handle any requests for additional information or documentation.
Handling Complex Cases
There's no need to worry if you have a unique or complicated family situation characterized by prior immigration issues, criminal history, or other unique circumstances. Our lawyers have the practical knowledge required to address these challenges and increase your chances of success.
Overseeing Appeals and Denial Challenges
If your petition faces a denial or a Request for Evidence, we can help you prepare an appeal or responses to address USCIS's concerns effectively.
By working with SimVisa's dedicated I-130 lawyers, you can take a big step toward successfully petitioning for your loved ones to join you in the United States.
SohYoon Atac
SohYoon Atac is an accomplished immigration attorney and co-founder of SimVisa. She has over 17 years of experience in immigration law, making her a powerful advocate for clients seeking a new life in the United States.
Education
- Juris Doctorate - Chicago Kent College of Law
- Bachelor's Degree - The University of Chicago
Why Choose SimVisa?
At SimVisa, we understand that choosing the right immigration law firm is a major decision. Here's why our clients have chosen us and continue to trust us for all their immigration needs:
- Unrivaled experience: With nearly two decades of experience in immigration law, our attorneys boast peerless knowledge and procedural efficiency.
- Proven track record: An impressive 98% success rate reflects our commitment to your goals.
- Comprehensive services: We offer assistance with family-based petitions, green cards, and more.
- Tailored guidance: Our attorneys always provide personalized support for each client’s unique situation.
- Nationwide reach: While we’re based in Chicago, we proudly serve clients nationwide
- Transparent communication: We’ll keep you informed at every turn with prompt responses and regular updates.
Your future in the United States is important to us. It only makes sense to partner with an immigration law firm that puts your interests first.
We have a high success rate in approvals
We treat you with compassion, dignity & respect
We create tailored solutions for your business & family
What Our Clients Are Saying
Excellent
5.0
Read the reviews below to see what our clients have to say.
FAQs About Petition for Alien Relative
Our clients have a lot of questions. Here are the answers to some of those most frequently asked.
How long does the I-130 petition process take?
The processing time for Form I-130 varies depending on the relationship between the petitioner and the beneficiary, USCIS’s current workload, and the country of origin. These key factors have the biggest impact:
- Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) usually experience faster processing.
- Applicants from certain countries may face additional delays due to visa backlogs.
I-130 processing times for immediate relatives average around 12 to 14 months. Other cases might take several years. Consular processing or adjustment of status timelines may further affect the overall waiting period.
What are some common reasons for I-130 denials, and how can they be avoided?
Common reasons for Form I-130 denials include:
- Insufficient supporting documentation to prove the claimed family relationship.
- Failure to meet the core eligibility criteria.
- Mistakes on the application forms.
- Missing required fees or signatures.
It’s important to avoid these issues in order to accelerate the timeline for approval.
Can I appeal a denied I-130 petition?
Yes, it’s possible to appeal a denied Form I-130. Here’s how:
- File Form I-290B, Notice of Appeal or Motion, within 30 days of receiving the denial decision.
- Include the appropriate filing fee and any supporting documentation that strengthens your case.
- Wait for USCIS to review the appeal — the agency may schedule a hearing.
- If your appeal is denied, you may have the option to further appeal to the Administrative Appeals Office (AAO) or through federal litigation.
It’s highly recommended that you consult an experienced immigration attorney at SimVisa when appealing a denied Form I-130, as professional guidance can improve your chances of success.
Is I-130 a green card?
No, Form I-130 is not a green card. It is a petition used to establish a qualifying family relationship between a U.S. citizen or lawful permanent resident (the petitioner) and a foreign relative (the beneficiary). Once approved, it allows the beneficiary to apply for a green card through consular processing or adjustment of status, depending on their circumstances.
How long is an approved I-130 good for?
An approved I-130 form remains valid indefinitely as long as the relationship between the petitioner and beneficiary exists. However, if the petitioner becomes a U.S. citizen, changes in the priority category may expedite the immigration process.
Do you lose citizenship if your spouse dies?
No, you do not lose U.S. citizenship if your spouse dies. Once citizenship is granted, it is permanent and cannot be revoked due to the death of a spouse. If you are in the process of applying for citizenship or lawful permanent resident status and your spouse dies, you can request relief under Section 204(l).
