California Immigration Law Lawyers

FAMILY PETITION

(For Beneficiary Outside of the United States)

            The I-130 petition is filed by a US citizen or lawful permanent resident to establish the relationship of certain alien relatives who may wish to live permanently in the United States.  If you are a citizen, you may file this form for your husband, wife, or unmarried child under 21 years old; an unmarried child over 21; a married child of any age; a brother or sister if you are at least 21 years old; or your parent if you are at least 21 years old.  If you are a lawful permanent resident you may file this form for your husband or wife, or your unmarried child (any age). 

            Please read the instructions, attached to the petition, carefully to determine who can file the petition and what documents will be needed to establish the family relationship, and to establish US citizenship or lawful permanent residence status. 

            The completed petition, together with filing fee, and supporting documentation should be mailed to the immigration service center in the United States that has jurisdiction over the petitioner’s place of residence.  A complete list of service centers is included on our web site.

            Note:  Whenever you mail any forms or documents to the immigration service, you should always do so by certified mail-return receipt requested, or by some form of express mail for which you can obtain proof of receipt.  This is very important in the event immigration loses your application.  In that event you can submit your proof of receipt, with evidence of payment, and you can reestablish your old priority date. 

            Once the petition is approved by the immigration service center, it is sent to the National Visa Center (NVC).  The NVC will then send a form entitled Choice of Address and Agent for Immigrant Visa Applicants (DS-3032) to the principal beneficiary of the immigrant visa petition, at the same time that the I-864 (Affidavit of Support) is sent to the petitioner.  The DS-3032 will allow the beneficiary to designate an address and agent (typically a relative or attorney based in the U.S.) to which the NVC should direct future communications.  Once this form is returned to the NVC, packet 3 (Application for Immigrant Visa and Alien Registration—Part I) will be sent to the designated person.  Packet 3 is completed and then sent to the consulate where the beneficiary will apply for an immigrant (permanent resident) visa.  At that time, packet 4 (Application for Immigrant Visa and Alien Registration—Part II) is completed by the beneficiary and presented at the time of the final consular appointment.

A separate package of each of the above documents must also be sent for each accompanying family member (spouse or minor children).  You must also submit the appropriate filing fees for each applicant at the time of the consular interview. 

            Following the consular interview, an immigrant visa package will be given to each applicant.  They then have up to six (6) months to enter the United States with their immigrant visas.  Note:  The accompanying family members may not enter the United States prior to the principal applicant. 

At the time of entry to the US a temporary resident stamp will be placed in the applicant’s passport (and family members if any) which will constitute evidence of permanent residence status and work authorization, until the alien card arrives in the mail.  It usually takes 3-6 months to receive the alien card, but during this period the person is entitled to all the rights of a permanent resident including the right to work, travel, attend school, petition for qualifying family members, etc.

(For Beneficiary in the United States)

             The I-130 petition is filed by a US citizen or lawful permanent resident to establish the relationship of certain alien relatives who may wish to live permanently in the United States. If you are a citizen, you may file this form for your husband, wife, or unmarried child under 21 years old; an unmarried child over 21; a married child of any age; a brother or sister if you are at least 21 years old; or your parent if you are at least 21 years old. If you are a lawful permanent resident you may file this form for your husband or wife; or your unmarried child (any age).

            Please read the instructions, attached to the petition, carefully to determine who can file the petition and what documents will be needed to establish the family relationship, and to establish US citizenship or lawful permanent residence status.

            If the beneficiary is in the United States and eligible to file for adjustment of status, he or she should also complete form I-485, together with the biographic information form, photographs, and a medical exam. In addition, the person who will be guaranteeing the beneficiary's support in the United States should complete the Affidavit of Support (form I-864). The beneficiary must also attach a copy of his or her birth certificate, passport, I-94, and any other documents that may be required. Again, please read the instructions attached to the application to determine what other documents may be needed, and what the filing fees are. Note: If you are subject to Section 245 (i) of the immigration act, you may also have to pay an additional penalty fee of $1,000.00. A separate package of each of the above documents must also be sent for each accompanying family member (spouse or minor children). You must also submit the appropriate filing fees for each applicant at the time the application is filed.

            Both the petition and adjustment application, together with all of the supporting documentation, should be hand-delivered, or mailed, to the local immigration office which has jurisdiction over the area where the beneficiary resides. You should call the local office to determine whether they prefer that you hand-deliver or mail the application, and which method will result in faster processing, since local office procedures frequently change.

            Note: Whenever you mail any forms or documents to the immigration service, you should always do so by certified mail, return receipt requested, or by some form of express mail for which you can obtain proof of receipt. This is very important in the event immigration loses your application. In that event you can submit your proof of receipt, with evidence of payment, and you can reestablish your old priority date.

            Once the application is properly filed, the Immigration Service will issue a temporary work authorization, and will schedule the alien to have his or her fingerprints taken at a local immigration support center. When the case is ready for completion, the petitioner and beneficiary will be scheduled for an interview on the petition and application. The time frame for issuing work authorization and scheduling the appointment varies with each immigration office. If an interview can be scheduled within 90 days, then INS may not issue a temporary work permit.

            Following the interview, if everything is in order, the immigration examiner will place a temporary resident stamp in beneficiary's passport which will constitute evidence of permanent residence status and work authorization, until the alien card arrives in the mail. It usually takes 3-6 months to receive the alien card, but during this period the person is entitled to all the rights of a permanent resident including the right to work, travel, attend school, petition for qualifying family members, etc.