What is the Purpose of Filing an I-130 Petition?

You may be thrilled to hear the news that some of your closest family members wish to join you in the United States. With this, you may want to do everything possible to help them get the approval they need to legally enter and reunite with you at last. Specifically, you may take the initiative of filling out and submitting Form I-130, Petition for Alien Relatives, on their behalf or behalves. So without further ado, please read on to discover what makes filing Form I-130 necessary and how one of the seasoned family based immigration lawyers at Lupton Law LLC can help you and your family member(s) navigate this entire process.

What is the purpose behind filing Form I-130?

Essentially, Form I-130 is a petitioning document that you may file with the United States Citizenship and Immigration Services (USCIS) to establish the relationship between yourself and your alien family member who wishes to immigrate to the country. With this, you must prove that you are a United States citizen or lawful permanent resident. Then, you must prove that your family member has a qualified relation to you. For example, you may petition for your sibling if you are a citizen but not if you only have lawful permanent resident status. The full eligibility criteria list may be found on the USCIS website.

Along with establishing your relationship, this form is also used to prove that you are willing and able to support your family member financially if and when they enter the country.

What happens after my Form I-130 is approved?

You must understand that your filling out and submitting Form I-130 is not enough to grant your family member entry into the United States. In other words, the approval of your Form I-130 does not give your family member an automatic immigration status. Rather, this form is the first step in a two-step process to help your family member apply for a green card.

With that being said, after your Form I-130 is approved, your family member may proceed forward with filing Form I-485, Application to Register Permanent Residence or Adjust Status. This may be in addition to Form I-864, Affidavit of Support, which shows that they will have an adequate means of financial support from you, if you declare yourself as their sponsor. Plus, there is Form I-693, Report of Medical Examination and Vaccination Record, which confirms that they are not inadmissible on public health grounds. Of note, the full list of required documents and supplemental evidence may be accessed on the USCIS website.

Overall, their case will start at the USCIS, move to the National Visa Center (NVC), and end up with the United States Embassy or Consulate. If it makes it this far, they may need to schedule and attend an interview with the U.S. Embassy or Consulate. Hopefully, this long and extensive process ends with your family member receiving a green card in the mail.

If you have any outstanding questions yet to be answered, please ask one of the competent family-based immigration lawyers. Anyone at Lupton Law LLC is willing and able to offer the support you need.