petition for alien relative what documents to send to lawyer

Petition for Alien Relative . The Form I-130 Is an essential document to establish the existence of a familial relationship between someone who is: (a) a US citizen (USC) or (b) a lawful permanent resident (LPR) and . another person who is an alien. Often the required document than an LPR or USC files to request

Full Answer

What is a petition for Alien Relative?

By filing a Petition for Alien Relative, a U.S. citizen or a permanent U.S. resident establishes a familial relationship with a non-citizen and indicates an intention to help that person immigrate to the United States.

When to file an I-130 petition for an Alien Relative?

I-130, Petition for Alien Relative. Use this form if you are a citizen or lawful permanent resident (LPR) of the United States who needs to establish your relationship to an eligible relative who wishes to immigrate to the United States. Filing a Form I-130 is only the first step in helping an eligible relative immigrate to the United States.

How to petition a foreign spouse for lawful permanent residence?

S uppose you will petition a foreign spouse for lawful permanent residence, then you need to be well informed and prepared because these requirements are more exhaustive than any other. Besides Form I-130, Petition for Alien Relative, you will have to submit additional supporting documents to prove your relationship.

How do I file a petition for myself as a battered spouse?

If you are a battered spouse, child, or parent, you may be eligible to file a petition for yourself independent from your U.S. citizen or LPR abuser. For more information, go to the Battered Spouse, Children, and Parents page. 07/20/21. You can find the edition date at the bottom of the page on the form and instructions.

What documents do I need to send with Form I-130?

I-130 Checklist of Items to Submit with Spousal PetitionUSCIS Filing Fee. ... Cover letter (optional) ... Form I-130, Petition for Alien Relative. ... Form I-130A, Supplemental Information for Spouse Beneficiary. ... Proof of status. ... Marriage certificate. ... Proof of previous marriages terminated. ... Passport photos.More items...•

What supporting documents do I need for i 864?

For U.S. citizens or U.S. nationals, a copy of your birth certificate, passport, or Certificate of Naturalization or Citizenship. For lawful permanent residents, a copy of both sides of your Form I-551, Permanent Resident Card (also known as a Green Card).

What documents do I need to petition my parents?

Form I-130. A copy of your birth certificate showing your name and the names of both parents. A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States. A copy of your parents' civil marriage certificate.

What documents do I need to submit with I-130 for siblings?

(Note: You do not need to file a separate Form I-130 for your sibling's spouse or unmarried children under 21 years of age.) A copy of your birth certificate and a copy of your sibling's birth certificate showing that you have at least one common parent.

What documents do I need for affidavit?

Any of your government approved ID proof like aadhar, passport or driving license. Any of the specific supporting document for your intended purpose to execute affidavit like degree certificate, mark sheet, employment letter, marriage certificate, bank statement etcetera.

What documents can be used as proof of US domicile?

Documents to Prove U.S. DomicileFederal income tax returns.Home ownership or active lease with evidence of maintaining home.U.S. bank account or other investments.Pay stubs from U.S. employer.Registering to vote (if a U.S. citizen only)Children's registration in school.

What documents are needed for I-130 for parents?

Form I-130 Supporting Documents Checklist Proof of U.S. citizenship via passport, state-issued birth certificate, or naturalization certificate. Birth certificate of parents. Foreign passport of parents. Marriage certificate of your parents.

How do I file a petition for alien relative?

You can file Form I-130 online even if your relative is in the United States and will file Form I-485 by mail. Once you submit your Form I-130 online, we will send a receipt notice to your USCIS online account. Provide a copy of the receipt notice to your relative to include in their Form I-485 packet.

How long does I-130 take to get approved 2020?

5 to 12 monthsAfter filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 5 to 12 months for immediate relatives and could take several years for family preference categories. This is an approximation.

What documents do I need to sponsor my brother?

Required Documentation to Sponsor a SiblingA copy of a valid U.S. passport,A copy of a U.S. birth certificate, or.A copy of Consular Report of Birth Abroad, or.A copy of your naturalization certificate, or.A copy of your certificate of citizenship.

How long does it take to get I-130 approved for siblings?

After you've filled out Form I-130 and submitted it to the USCIS, all you can do is wait to hear back from them. If you've submitted everything correctly and accurately, the application will be approved. This usually takes somewhere between 2 to 5 years. But the waiting time may further extend in some cases.

How long does I-130 take to get approved 2022?

I130 application for US citizen's spouse green card is taking 3 to 10 months at Texas service center.

Are there other options available to me and my relative?

If you have a relative who you wish to sponsor to come and live with you in the U.S, this is usually the only option you have. However, if you beli...

What if I've still not received a decision after the estimated wait time?

Sometimes visa applications can take longer, so chances are you’ve nothing to worry about. If, however, you have a deadline and you’re worried you’...

How can Total Law assist me?

Put simply, here at Total Law we’re experts in all areas of U.S immigration law, and each of our caseworkers has a wealth of experience to help del...

What happens if I file an I-130?

Filing a Form I-130 is only the first step in helping a relative immigrate to the United States. If anything is missing, USCIS may return the entire package to the petitioner or simply send a letter asking for the missing information.

What is an I-130?

The I-130, known as the “Petition for Alien Relative,” is one of the forms most frequently handled by United States Citizenship and Immigration Services (USCIS). By filing a Petition for Alien Relative, a U.S. citizen or a permanent U.S. resident establishes a familial relationship with a non-citizen and indicates an intention to help ...

What is the priority of the I-130?

A top priority for U.S. immigration authorities is keeping families together. When a U.S. citizen submits an I-130 visa petition on behalf of an immediate relative, the system is supposed to let immediate relatives obtain green cards quickly. While the immigration process favors immediate relatives over almost all other immigrants, it still takes far too long to process Form I-130 (Petition for Alien Relative). A Dublin immigration attorney can help make the process easier to navigate.

Can a foreign national become a permanent resident?

citizens by blood or by marriage may apply to become lawful permanent residents by submitting Form I-485, and they may eventually apply to become full naturalized United States citizens.

Can a relative refuse a green card?

A few weeks or possibly several months later, the relative will be contacted and asked to attend an interview with USCIS. A decision to issue or refuse a green card to the relative will be made subsequent to the interview, but unless some irregularity emerges, most relatives are approved at this point for green cards.

Can I recopy my I-130?

However, if USCIS misplaces the check for your I-130 filing fee ($535 as of December 23, 2016), you’ll have to cancel the check and issue a new one.

Can you get lost at USCIS?

Sometimes items can get lost at the USCIS processing center, but a good immigration attorney can usually help you avoid any responsibility for this kind of delay by making certain that the paperwork with your Petition for Alien Relative is accurate and complete.

What is the evidence of a sponsor's citizenship?

national status: A copy of a birth certificate showing birth in the United States; A copy of naturalization citizenship certification issued by the USCIS or the former Immigration and Naturalization Service (INS);

What is the form for I-130?

The USCIS processes all I-130 petitions in the order they are filed. Once an I-130 application is filed, USCIS will mail you Form I-797C (Notice of Action). Keep this I-797C notice in a safe place because it will: Contain your case number; State if your application was approved or rejected; and.

What is evidence of family relationship?

Evidence of family relationship with one or more of the following: Spouse : A copy of the marriage certificate: Evidence that spouse terminated any earlier marriage (if applicable); Child: A copy of the child's birth certificate; Parent: A copy of your birth certificate confirming the identity of your parent; or.

What is the first step in the immigration process?

Officially called “Petition for Alien Relative,” the filing of Form I-130 is the first step in a family member’s immigration process. This guide discusses how to prepare and file Form I-130 to sponsor your family member a green card.

How long does it take to get a visa for a family member?

For applications from U.S. citizens sponsoring an immediate relative currently living in the United States, it usually takes between 7 and 13 months for approval. For applications sponsoring other family relatives living outside the United States, the U.S. limits the number of visas available.

Who must file I-130?

The “Petitioner” (U.S. citizen or green card holder) must file the Form I-130 with all the necessary supporting documents, to establish his/her relationship with the immigrant relative (beneficiary) seeking a green card. It is recommended not to send any original documents unless specifically requested by the USCIS.

What is the I-130 form?

Asel Mukambetova, Esq. Form I-130, officially known as the “Petition for Alien Relative” is a USCIS form, which is used to establish a relationship between a U.S. citizen or green card holder filing the form, and the relative wishing to seek a green card. To learn about detailed and in-depth information regarding the purpose, eligibility, ...

What is item 1-5 of the I-130?

Items 1-5: This subsection asks if you have ever filed a Form I-130 for this beneficiary or for any other relative. If you have ever filed previously the Form I-130, please provide the details (who did you sponsor, the date you filed the petition and the result).

How to write a check for I-130?

If you are paying your I-130 fees by check, make sure to follow these guidelines. Personal checks must be pre-printed with your name and your bank’s name. Your address and phone number must be pre-printed, typed, or written in ink.

Where to file I-485?

If you and your relative, both live in the U.S., and your relative is concurrently filing the Form I-485, Application to Register Permanent Residence or Adjust Status, file your petition at Chicago, Dallas, or Phoenix Lockbox, depending on your location. You and your immigrant relative, both live in the United States.

Where can I draw a check for I-130?

Use the following guidelines when you prepare your check or money order for the Form I-130: The check can be drawn on only banks or other financial institutions located in the United States and must be payable in U.S. currency, and. The check will be payable to the “U.S. Department of Homeland Security”.

Can I file an I-485 for my spouse?

citizens. However, spouses of green card holders can submit Form I-485 only after the Form I-130 is approved and the visa number is available.

What documents do you need to file if you were previously married?

If you or your spouse were previously married, you would have to submit appropriate documents proving that prior marriages were legally terminated, such as a divorce decree or death certificate.

What documents can demonstrate a bona fide relationship?

Various documents can demonstrate this, for example, documents showing shared financial liabilities, assets, insurance, tax filings, birth certificates of a child born into the marriage, or other documents that you feel establish your bona fide relationship.

Can a marriage be fraudulent?

Fraudulent marriages are often used as a method when it comes to trying to get a green card. This makes USCIS very thorough in examining your situation. So, you need to ensure your evidence shows that your marriage is legitimate. Various documents can demonstrate this, for example, documents showing shared financial liabilities, assets, insurance, tax filings, birth certificates of a child born into the marriage, or other documents that you feel establish your bona fide relationship.