Family Petitions
Family Petitions
Before an individual can apply for an immigration visa or adjustment of status based upon family ties, the United States Citizenship and Immigration Services (USCIS) must first approve the alien relative petition or Form I-130, confirming that the necessary family relationship exists. The alien relative petition is the first step in helping your eligible relative immigrate to the United States.
The Law Office of Steven Espinoza has years of experience and a thorough understanding of immigration law. They have helped many clients attain their goals! If you are applying for a visa through your family in the United States, our firm can help ensure that your form is completed correctly and that you have the correct documentation to prevent any delays in your application. Contact us today!
i-130 Processing Time
After filing Form I-130, it may take several months before it is approved. For immediate relatives, it can take any where from 5 - 9 months or a year. For those in Family Preference Categories, it could take several years for approval. You may visit the USCIS site to see estimations of processing times. Preference immigrant categories are assigned a limited number of visas each year. The number of visas available in each category is allocated on a per-country basis. The result of this allocation system is that for some categories in which the demand for immigrant visas outstrips the supply, a waiting line is formed.
Who is Eligible for the Alien Relative Petition?
Not all family relationships serve as a basis to apply for Lawful Permanent Residence status (LPR). Form I-130 can be used for immediate relatives of U.S. citizens and preference immigrants.
This includes:
- Immediate relatives of U.S. citizens (spouses, parents of U.S. citizens, and children that are under 21 years old)
- F1: Unmarried sons and daughters of U.S. Citizens (21 years of age or older)
- F2A: Spouses, minor children, of lawful permanent residents
- F2B: Unmarried children of lawful permanent residents
- F3: Married children of U.S. citizens
- F4: Brothers and sisters of U.S. citizens, if such citizens are at least 21 years of age.
After I-130 Is Approved, What’s Next?
The alien relative physically outside the U.S. applies for a visa through consular processing. When the visa is approved, they may travel to the U.S. and be inspected to ensure compliance. After this, they may be admitted into the USA, and they are considered to be a permanent resident.
Who is Eligible for the Alien Relative Petition?
In the case where the alien relative is physically present in the United States, adjustment of status (AOS) or I-485, is an alternative to consular processing. The “adjustment of status” route allows a person to obtain permanent residency without having to proceed overseas to apply for an immigrant visa.
Generally, the I-130 Petition for alien relative must be approved prior to submitting an I-485 or going through consular processing. However, in the case where the beneficiary is an immediate relative of U.S. citizen petitioner, the I-485 application and the I-130 petition can usually be filled simultaneously.
Generally, the I-130 Petition for alien relative must be approved prior to submitting an I-485 or going through consular processing. However, in the case where the beneficiary is an immediate relative of U.S. citizen petitioner, the I-485 application and the I-130 petition can usually be filled simultaneously.
