A Guide to Form I-130: Petition for Alien Relative

Form I-130, officially known as the "Petition for Alien Relative," is a critical form used in the United States immigration process. It is filed by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with a family member who wishes to immigrate to the U.S. Here is a comprehensive overview of the form's instructions:

1. General Instructions:

• Purpose: To establish a relationship between the petitioner (U.S. citizen or lawful permanent resident) and the beneficiary (relative seeking to immigrate).

• Who Can File: U.S. citizens can petition for spouses, children, siblings, and parents. Lawful permanent residents can petition for spouses and unmarried children.

2. Completing the Form:

• Part 1: Relationship: Specify the relationship (e.g., spouse, parent, sibling) between the petitioner and the beneficiary.

• Part 2: Information About the Petitioner: The petitioner's full legal name, address, date of birth, place of birth, and other personal details.

• Part 3: Biographic Information of the Petitioner: Details like ethnicity, race, height, and weight for identification purposes.

• Part 4: Information About Beneficiary: The beneficiary's full legal name, address, date of birth, and other relevant personal information.

• Part 5: Other Information About the Beneficiary: Employment, marital status, and information on the beneficiary's family.

• Part 6 & 7: Information about the petitioner's and beneficiary's employment and education history.

• Part 8: Other Information: Questions related to the beneficiary’s immigration history and previous interactions with USCIS.

3. Supporting Documents:

• Proof of Relationship: Birth certificates, marriage certificates, or other legal documents to establish the claimed familial relationship.

• Proof of Status: The petitioner must provide evidence of their U.S. citizenship or permanent resident status.

• Photographs: Passport-style photos of both the petitioner and the beneficiary.

• Additional Documentation: Depending on the relationship, additional documents like divorce decrees (for previous marriages) may be required.

4. Filing Fee:

• The filing fee varies and is subject to change; check the latest fee schedule on the USCIS website.

5. Where to File:

• The filing address depends on the petitioner's location and, in some cases, the beneficiary's location. The USCIS website provides the most current filing addresses.

6. After Filing:

• Receipt Notice: Confirmation of the petition's receipt by USCIS.

• Biometrics Appointment: If required, the beneficiary might need to attend a biometrics appointment.

• Interview: In some cases, an interview may be required.

• Processing Time: Varies based on the relationship type, USCIS workload, and other factors.

7. Common Issues and Tips:

• Accuracy: Ensure all information is accurate and matches the information on other documents.

• Completeness: Incomplete forms or missing documents can delay processing.

• Translations: All non-English documents must be accompanied by certified English translations.

Remember, this overview does not constitute legal advice. Each immigration case has unique elements, so consider consulting with an immigration attorney for specific guidance related to your situation. Always refer to the official instructions provided by USCIS for the most current and detailed information.