petiton for alien relative what documents to send to lawyer

by Ellie Weber 10 min read

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 forms are needed to petition an alien relative?

A citizen or lawful permanent resident of the United States may file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish the existence of a relationship to certain alien relatives who wish to immigrate to the United States.

Do I need a lawyer to file 1 130?

One can always file an I-130 petition on their own, without the assistance of an attorney to do so.

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.

How much is the filing fee for petition for alien relative?

$535The filing fee for Form I-130 is $535. The filing fee for this petition cannot be waived. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition.

What documents do I need to petition my 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 long does I-130 take to get approved 2021?

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 is the minimum income to sponsor an immigrant 2021?

For example, in 2021, a sponsor in the U.S. mainland would need to have income (or assets) of at least $33,125 to cover a petitioner who lives alone and is sponsoring one immigrant and two children (that is, a total of four people).

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

Average time - Between five and 14.5 months to get a Form I-130 petition (Petition for Alien Relative) approved by USCIS as of early 2022; another six to 11 months or longer to get an immigrant visa to come to the United States.

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 for I-130 to get 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 do I file I-130 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.

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 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);

Who Files Form I-130?

Form I-130 can only be filed by a United States citizen or lawful permanent resident.

What is the I-130?

Officially called “Petition for Alien Relative,” the filing of Form I-130 is the first step in a family member’s immigration process. The USCIS will approve your I-130 petition if you can show a valid relationship with your sponsored relative. Once approved, your family member can apply for a permanent residency that allows you to live ...

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.

What is the form I-130?

Form I-130 of the United States Citizenship and Immigration Services (USCIS) is used to prove a relationship with an eligible relative who wishes to enter the United States permanently. Officially called “Petition for Alien Relative,” the filing of Form I-130 is the first step in a family member’s immigration process.

What is a copy of a passport?

A copy of an unexpired U.S. passport; An original statement from a U.S. consular official stating U.S. citizen with a valid passport; or. A copy of the front and back of a Permanent Residence Card (also known as a green card or a Form I-551). Evidence of family relationship with one or more of the following:

How long does it take to get a sponsor's license?

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.

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.

What is an “Alien registration Number” in I-130 Form?

An Alien Registration Number is an eight- or nine-digit identification number issued to foreign born nationals, by the immigration authorities.

Who must affirm to the information provided by you in this form?

The petitioner (you, the U.S. citizen) must affirm to the information provided by you in this form.

What Documents Do You Need To File Form 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.

How Long Does It Take To Approve Form I-130?

The processing time for your I-130 petition and the approval depends on a number of factors.

What is a “Class of Admission” on Form I-130?

Class of Admission is a 3-character code, typically one or two letters followed by a number.

Where to Send Forms I-130 and I-485?

The location of filing the Form I-130 depends on where you physically reside.

How Much Does it Cost to File Form I-130?

The filing fee for Form I-130 is $535. You can find the latest Form I-130 fees on the official USCIS website.

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 form do I need to file for a foreign spouse?

Besides Form I-130, Petition for Alien Relative, you will have to submit additional supporting documents to prove your relationship.

What is the form I-130?

Filing Form I-130, Petition for Alien Relative, requires completing a petition package with all the necessary supporting documents. If you miss providing any vital document, the USCIS may issue a Request for Evidence (RFE), providing you with the opportunity to supplement your petition.

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.

How to contact Herman Legal Group?

Call Herman Legal Group at 1 (800) 808-4013 or fill out our contact form to talk with us about helping you win your spousal I-130 or I-751.

Who is required to fill out a beneficiary spouse form?

This form is required only for the beneficiary spouse who is already in the United States.

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.

What form do I need to file for my spouse?

If you submit a petition for your spouse, you must also submit Form I-130A, Supplemental Information for Spouse Beneficiary.

What is a copy of a USCIS passport?

A copy of your naturalization or citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS); A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate; A copy of your unexpired U.S. passport;

How to upgrade your relative's visa classification?

citizen while your relative is waiting for a visa, you can upgrade your relative’s visa classification by notifying USCIS or the Department of State of your naturalization. If you are a U.S. citizen, your spouse and unmarried children under 21 will have immigrant visas immediately available to them.

How to pay for USCIS lockbox?

When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

What is the I-130 form?

Submitting Form I-130 is the first step in helping an eligible relative apply to immigrate to the United States and get Green Card. The filing or approval of this petition does not give your relative any immigration status or benefit.

What is an affidavit of marriage?

Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired their knowledge of your marriage; and

Where to file I-485?

If you reside in the United States, file at the Chicago, Dallas, or Phoenix Lockbox, depending on where you live and whether your relative is also concurrently filing Form I-485. For a complete list of addresses, visit our Direct Filing Addresses for Form I-130 page.