Keeping your family together is important and likely your top priority when considering immigration to the United States. The first step in getting your loved one legally to the country is filing a form proving your relationship with them. If you want to file an I-130 petition for your family member it is crucial that you understand the application process and requirements. Reach out to a skillful NYC family immigration attorney today to discuss your situation and obtain experienced legal advice.
What is an I-130 Petition?
An I-130 Petition is a USCIS (United States Citizenship and Immigration Services) form called the Petition for Alien Relative. This legal form is designed to allow U.S. citizens and lawful permanent residents to establish their relationship with a foreign relative who wants to immigrate to the United States.
The purpose of this petition is to prove the family relationship and give the foreign relative the opportunity to apply for a visa or adjustment of status. Filing Form I-130 is often the first step in the immigration process for families.
Citizens or green card holders can file on behalf of their immediate family members including their spouse, children, parents, or siblings. Once the petition is filed and approved, the foreign relative can proceed with their visa application.
How Can I File an I-130 Petition for a Family Member?
If you wish to file an I-130 petition for a family member, you can do so either online or by mail. It is important to keep in mind that if you are applying for a fee waiver you must file by mail.
If filing online, you must first, create an account on the USCIS website. Navigate to the I-130 petition and fill the document out accurately and completely. You will be required to submit various supporting documents including the following.
- Two passport-style photographs of the petitioner (you)
- Proof that the petitioner is a United States citizen or green card holder, as in a birth certificate, citizenship certificate, passport, green card, etc.
- Proof that the petitioner has a legally valid and eligible relationship with the individual they are filing on behalf of, as in a birth certificate, marriage certificate, adoption documents, joint bank account statements, photos together, life insurance policies, wills, etc.
- Proof of legal name change, if applicable
Submit the form along with all relevant documents and the filing fee.
If filing by mail, print out Form I-130 from the USCIS website and fill it out in its entirety. Mail the petition, along with the above-listed supporting documents and the filing fee to a USCIS lockbox. The address you must send your form to will vary depending on where you live and where you are filing from. Find a list of the direct filing addresses for Form I-130 here.
For more information and representation during your immigration journey, contact an experienced attorney today.
