Maison Law Immigration Lawyers helps families throughout California make their way through the immigration process. Keeping your family together is often the top priority for immigrants, whether you’re living in Bakersfield or anywhere else in California. One of the best options in this situation is the Form I-130, Petition For Alien Relative. If you’re filing a Form I-130 to bring a family member to the country, our team can guide you through the process, ensuring everything is handled smoothly. Contact us today to set up a consultation.
Should You Get a Lawyer to File an I-130?
Facing a situation where you’re trying to bring a family member to the United States via the immigration process is incredibly important–but it can also be stressful. The I-130 is one of the most direct ways to do this, but you might be wondering how to do it–and if you need a lawyer.
The answer is that you don’t technically need a lawyer. But with that said, having an experienced team on your side can make things much easier. Here’s how our team at Maison Immigration can help you:
- We know the process – With our experience and knowledge, we’ll guide you step by step to make sure your application is done right.
- Help with paperwork – We can help you with gathering things like marriage certificates or proof of relationships.
- We make things simple – With our team, we handle the forms and details, while you focus on your family.
- Avoiding errors – Mistakes can slow things down or get your application rejected. We’ll help you avoid them.
There’s so much that goes into the immigration process when it comes to your family. Our team understands this, as well as the ramifications it can have. We want to make sure your family has what it needs for a successful application.
Who Does the I-130 Petition Apply To?
Officially, an I-130 is known as “Form I-130, Petition For Alien Relative.” It’s designed for current U.S. citizens and green card holders that want to bring family members to live with them in the U.S. Specifically, though, it only applies to certain relatives:
- Spouses – If you’re a U.S. citizen or green card holder, you can file an I-130 to bring your husband or wife to the U.S. This helps your spouse become eligible for a green card and permanent residency. It’s especially important if you have a green card marriage, because it validates that you’re married to someone outside of the U.S.
- Children – This includes your unmarried children under 21, as well as stepchildren or adopted children. You can also petition for their children, no matter where they live.
- Parents – As a U.S. citizen over the age of 21, you can file an I-130 for your parents to join you in the U.S. This is an important step toward helping them become permanent residents.
- Siblings – If you are a U.S. citizen and over 21, you can file an I-130 for your brothers or sisters to come to the U.S. and eventually become permanent residents.
In most cases, the I-130 is the first step in helping your family members move to the U.S. It establishes their eligibility to apply for a green card, which can lead to permanent residency and the ability to live and work in the U.S. with you.
What is the Application Process For an I-130?
In a situation where you’re trying to bring a close family member to live with you, you might think it’s out of reach. But one of the best things about the Form I-130 is that there’s a generalized application process that any eligible person can file. At the same time, though, the process isn’t always easy once you get into it. Here’s how it works usually:
- Gather documentation – Collect proof of your U.S. citizenship (e.g., passport, birth certificate) and proof of your relationship with the beneficiary (e.g., marriage certificate for a spouse). The beneficiary will need documents like their passport and entry records (if applicable).
- Complete Form I-130 – The process officially starts when you file the I-130. You’ll need to include details about you and your family member. You can file online or by mail. Submit the completed form, documents, and pay the filing fee, which is currently $675. Online submissions are simple through the USCIS portal. For mail, use the correct address based on your case.
- Notice of Receipt (Form I-797) – USCIS will send you a receipt notice confirming they received your petition. Use the receipt number to track the status.
- Wait for processing – Processing times vary, but it can take several months to a year, depending on your relationship type and service center.
- Approval or denial – If approved, USCIS will send a notice. If denied, they will explain why, and you can appeal or provide more information.
Obviously, every application is different. But in most cases, you’ll have a pretty good idea of the relative strength or weakness of your application when you file it. The real issue is the wait time for processing. You need a lot of things for a successful application, but patience is chief among them.
What Can You Do to Make Sure You Have a Successful I-130?
At its core, the Form I-130 is for your family members. As such, the success or failure of your application is going to hinge on a number of factors, from what your relationship is to what documentation you can provide. Of course, this is all made more difficult when you deal with other countries and jurisdictions, but usually, you can take the following steps to put in a successful application:
- Submit full documentation the first time – Include all required documents like proof of U.S. citizenship, relationship evidence, and the beneficiary’s status. Problems with your documents can cause delays or even get your application denied.
- Provide proper translations – There’s always the chance that some of the documentation won’t be in English. Make sure to provide a certified translation along with the original. The translator must certify the translation.
- Clearly show the relationship – Show proof of your relationship, such as marriage certificates, joint finances, and photos, especially for spouses.
- Avoid common mistakes – Double-check your Form I-130 for errors, like misspelled names or wrong dates, to prevent delays.
- Be consistent and up-to-date – Make sure all personal information is consistent. Make sure to tell USCIS of any changes like address or name.
- Follow USCIS instructions to the letter – Read and follow USCIS instructions to avoid delays from submitting the wrong form or documents.
- Be prepared for Requests for Evidence (RFE) – As part of the process, the USCIS can ask you for more evidence through a “Request for Evidence”, or RFE. Be ready to respond quickly to them.
- Keep copies of everything – Make copies of the form and documents before submitting them, in case USCIS needs them later.
- Stay patient – Remember, processing times vary. Use your receipt number to check your application status and contact USCIS if it takes longer than expected. Overall, though, you’re going to have to be patient.
As you might expect, the more prepared and understanding you are, the better chance you have at a successful I-130 application. And remember, our team will be there to support you throughout the process, helping you with any problems as they come up.
Frequently Asked Questions
How much does it cost to file an I-130?
Right now, the filing fee for an I-130 is $687. You have to pay this when you submit your form.
Is there a wait time for an I-130?
Yes, although it depends on a few different circumstances. If you live in the U.S., processing time is around 10 months, while it takes a bit longer (around 14 months) if you’re living abroad.
Is every country eligible for an I-130?
Yes. The country where your family member is a citizen does not impact their eligibility for an I-130 petition, as long as they have a qualifying relationship with you, the petitioner.
Contact Maison Law Immigration Lawyers Today for Help with Your Form I-130 Petition
If you’re ready to file a Form I-130 and unite with your loved ones, you can put your trust in our team at Maison Law Immigration Lawyers. We’ll guide you through the process and make sure you have everything needed for a successful petition. Contact us today for a consultation to learn more about how we can help you and your family.
