form i-130 petition for alien relative

Form I-130

Petition for Alien Relative

May 2015

U.S. Citizens can file for their:

• Spouse

• Unmarried child under age 21

• Unmarried son/daughter over age 21

• Married son or daughter

• Parents**

• Siblings**

**The petitioner must be 21 or over to file the petition.

For Whom Can a USC File?

Nebraska Service Center - May 2015 2

Who can an LPR file for?

A Lawful Permanent Resident (LPR) can file for

their:

• Spouse

• Unmarried child under the age of 21

• Unmarried son/daughter over the age of 21

An LPR may not file for parents, siblings, or married

sons or daughters.

No one can file an I-130 on behalf of an aunt, uncle,

cousin, niece, nephew, in-law, grandparent, or

grandchild.


Family-Based Immigrant Visas

• Immediate Relative Category – Visas are Always Available

– Spouse, unmarried children under 21, and

parents (IR)

• Family Preference Visa Categories – Are Subject to Annual Limitations

– Unmarried sons/daughters (age 21 and older) of

U.S. citizens (F1)

– Married sons/daughters of U.S. citizens (F3)

– Siblings of U.S. citizens (F4)

– Spouses, children, of an LPR (F2A)

– Unmarried sons/daughters of LPRs (F2B) Nebraska Service Center - May 2015 4

Filing Form I-130

The I-130 filing instructions provide the petitioner with specific information and filing addresses.

The form is sent to a Lockbox facility for intake. The Lockbox facility does not adjudicate petitions; it determines whether the petitions meet the acceptance criteria, performs the intake, and then forwards the files to the appropriate service center.


Filing Form I-130


Filing Form I-130

If the beneficiary is residing in the United States and is eligible to adjust under INA Section 245, a petitioner may file an I-130 with a Form I-485, Application to Register Permanent Residence or Adjust Status if a visa is immediately available. This is known as a concurrent filing.

Concurrently filed I-130s/I-485s are sent to a specific Lockbox facility and are adjudicated by USCIS field offices.


Filing Form I-130

Accepted petitions are receipted and routed to the appropriate USCIS service center or field office for processing.

At the center, cases are assigned to Immigration Services Officers (ISOs) for initial review and adjudication.

Petitions may be tracked online at uscis.gov.


Filing Form I-130

What is a priority date and why is it important?

• The priority date is the date the petition was

properly filed with USCIS. • The priority date determines the beneficiary's

place in line for a visa. • Visas are always available to immediate

relatives.


USCIS Process

Reviewing an I-130: In the adjudication process the ISO determines: • Is the petitioner eligible to file the petition? • Is there a “qualifying” familial relationship

between the petitioner and the beneficiary? • Does the file contain evidence of a bona fide

relationship? • Are other required documents missing from the

file?


USCIS Process

Is the evidence submitted sufficient to establish the claimed relationship? Request for Evidence (RFE). The RFE will: • Tell the petitioner what is deficient • Request specific documents or information • Provide the petitioner with a set timeframe

within which to respond to the RFE and the consequences of a failure to submit a timely response.


USCIS Process

What happens if the case contains adverse

information?

Notice of Intent to Deny (NOID). The NOID will:

• Describe reason(s) for the intended denial

and why the evidence in the record is not

sufficient.

• Describe the evidence that is needed to

overcome the potential reasons for denial.

• Provide the petitioner with the opportunity

to provide additional documentation or

explanation.


Interviews

Most standalone I-130 petitions will be completed without the need of a personal interview; however, the facts of an individual case may indicate that a personal interview is appropriate.

If an interview is necessary, the I-130 will be transferred to a Field Office. When an I-130 has been filed concurrently with an I-485, the interview takes place at a USCIS field office.


Decision

Approval: • Notifies the petitioner of the approval. • Forwards the petition to the appropriate USCIS

repository or forwards the petition to the DOS National Visa Center for overseas processing.

USCIS uses the Form I-797, Notice of Action to notify the petitioner and/or any recognized representative of the approval and disposition of the petition.


Decision

Denial:

USCIS sends the petitioner and any recognized representative a denial letter which explains the reasons for the denial and outlines the petitioner’s appeal rights.

Appeals are referred to the Board of Immigration Appeals (BIA).


Visa Bulletin

• Department of State (http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html)

Can call (202) 485-7699 for an updated recording or you can e-mail

questions to [email protected].

• Family-Sponsored Preferences


http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html





Consular Returns

When a case is returned from the Department

of State what happens?

• A Notice of Intent to Revoke is sent to the

petitioner, if warranted.

• A Notice of Automatic Revocation is sent to the

petitioner.

• If the petition is not revocable, the petition is

returned to Department of State.


Contact Us

National Customer Service Center (1-800-375-5283) or

e-Request

After 30 days, follow-up email to:

Nebraska Service Center:

[email protected]

Texas Service Center:

[email protected]

California Service Center:

[email protected]

Vermont Service Center:

[email protected]

After 21 days, contact:

Service Center Operations:

[email protected] Nebraska Service Center - May 2015 18

https://egov.uscis.gov/e-request/Intro.do



mailto:[email protected]









Questions?


About this Presentation

Author: Nebraska Service Center

Date of last revision: May 2015

This presentation is current only as of the date of last

revision.

This presentation contains no sensitive Personally

Identifiable Information (PII).

Any references in documents or text, with the

exception of case law, relate to fictitious individuals.


Disclaimer

This presentation is intended solely to provide

information on current USCIS process. It is not

intended to, does not, and may not be relied

upon to create or confer any right(s) or

benefit(s), substantive or procedural,

enforceable at law by any individual or other

party in benefit applications before USCIS, in

removal proceedings, in litigation with the

United States, or in any other form or manner.

This presentation does not have the force of

law, or of a DHS directive.


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