I-130 Petition for Alien Relative

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At SimVisa, we take immense pride in being the trusted choice for I-130 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.

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What 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, eligible relationships 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 U.S. citizenship or permanent resident status. They must also pay the required filing fee.

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

If the beneficiary resides outside the U.S. and the I-130 petition is approved, USCIS will forward the case to the National Visa Center (NVC). The NVC will contact the petitioner with further instructions and visa application forms.

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.

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How 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 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.