Navigating the I-130 Petition Process: Answers to Common Questions

The I-130 petition, also known as the Petition for Alien Relative, serves as a crucial step in the family-based immigration process, allowing U.S. citizens and lawful permanent residents to sponsor their relatives for immigration to the United States. In this blog post, we'll address some common questions regarding the I-130 petition process.

Processing Time for I-130 for Family Preference:

• The processing time for an I-130 petition varies depending on several factors, including the petitioner's citizenship status, the relationship with the beneficiary, and the current backlog at USCIS processing centers. Generally, the processing time for family preference categories can range from several months to several years. USCIS regularly updates processing times on its website, allowing petitioners to track the progress of their applications.

Does the I-130 Give You a Green Card?

• No, the approval of an I-130 petition does not automatically grant the beneficiary a green card. Instead, it establishes the familial relationship between the petitioner and the beneficiary, laying the groundwork for the beneficiary to apply for a green card through consular processing or adjustment of status. Once the I-130 petition is approved, the beneficiary becomes eligible to proceed with the next steps in the immigration process to obtain lawful permanent residency.

What Happens After I-130 Petition is Approved?

• If you are applying for residency through consular processing, USCIS will automatically forward your case to the National Visa Center (NVC) for further processing once the I-130 is approved. The NVC will notify the petitioner and beneficiary, providing instructions on how to proceed with the visa application process. Depending on the beneficiary's location and the visa category, they may need to undergo additional steps, such as submitting supporting documents, attending a medical examination, and attending an interview at a U.S. embassy or consulate.

How Much Does an I-130 Cost?

• As of 2024, the filing fee for an I-130 petition is $625 if filed through the USCIS online platform or $675 if filed in the mail. However, additional fees may apply depending on factors such as whether the petitioner is filing for more than one family member or if the beneficiary is residing outside the United States. It's essential to check the USCIS website for the most up-to-date fee information before submitting the petition.

Does I-130 Require an Interview?

• In most cases, yes, the I-130 petition does require an interview. However, the interview is typically conducted as part of the visa application process at a U.S. embassy or consulate rather than by USCIS. The purpose of the interview is to verify the validity of the relationship between the petitioner and the beneficiary and ensure that the beneficiary meets all eligibility requirements for immigration to the United States.

In conclusion, the I-130 petition plays a pivotal role in family-based immigration, laying the groundwork for beneficiaries to obtain lawful permanent residency in the United States. Understanding the processing time, costs, and post-approval steps involved can help petitioners and beneficiaries navigate the immigration process with confidence and clarity. For personalized guidance and assistance, consulting with an experienced immigration attorney is recommended.

Wheeler Law is available to answer any other questions you may have, and/or help you take the next steps to your, or your loved ones, future. Wheeler Law works hard to find creative solutions to break down the barriers holding you, or a loved one, back from obtaining legal status in the U.S. Call us now to schedule a consultation: (602) 586-5625. 

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