Application Type I130 Petition for Alien Relative Your Case Status Initial Review

Did you file an I-130?

To get a green carte du jour through marriage or another family relationship, you lot have to file an I-130.   After your I-130 is filed, yous will want to check your I-130 example status.

Before learning more, let's review some basics nigh the I-130.

What is an I-130?

Before we begin, lets briefly hash out some basics.  A Form I-130, Petition for Alien Relative  is a petition used by U.S. citizens and Lawful Permanent Residents (green card holders) to inquire the U.S. government to permit a family member to come up and live in the U.S. with a dark-green card.

The form is filed with the The states Citizenship and Immigration Service (USCIS), which is the immigration agency that handles all applications within the U.Southward.

If a U.S. denizen or Lawful Permanent Resident wants to bring his or her family unit fellow member to the U.S., the I-130 is the first step in the process.

(If yous are past the first footstep, and have filed a Form I-485, you will instead want to bank check your light-green card case status.)

Checking Your I-130 Case Condition

Earlier checking your I-130 instance status, you'll need to know clearing accepted your petition. If you just filed your I-130 with USCIS, the you volition receive notification that it's been accustomed.  The notice will arrive by mail service in about 2 weeks.  Officially, USCIS refers to it as a Form I-797, Notice of Action or a Receipt Observe.   Here is a picture of the superlative of the form:

In the motion-picture show to a higher place, find a box labeled "Receipt Number."  It contains a cord of three messages and 10 numbers.  This number is extremely important as it is how USCIS identifies your instance.  You tin too use information technology to do things like bank check your case status online, which nosotros will discuss now.

The USCIS online status check doesn't provide detailed information, but instead gives yous an idea about the last action taken in your case.  For example, the online status check may say that your case has been received and is in process.  Information technology could also say that USCIS has mailed a letter of the alphabet to you lot requesting additional data.

Let's take each of these possibilities and run across what they hateful for an I-130 case status check:

• If the status check shows that your I-130 has been received, yous are safe waiting.  In that location is zilch you can practise to expedite your case, unless there are some truly extraordinary circumstances present.
• If USCIS has sent y'all a letter request for more than information, yous need to check your mail frequently to make sure y'all get it.  When USCIS asks for more than information, there is typically a xc mean solar day deadline to answer.
• If USCIS has transferred your instance to another office, this is mostly a good sign.  Information technology means that your I-130 petition has met some basic requirements and immigration will route to a local official to perform an interview if needed and to make a terminal decision on your case.
• If you acquire that your example has been scheduled for an interview, then yous'll need await out for your appointment find to find out where and when the I-130 interview will have place. Information technology is very important to prepare for it, specially when your I-130 is based on marriage.
• If y'all find out that your I-130 has been approved, congratulations! But this is simply the first step in the procedure of getting a green card. What yous have to do next will depend greatly on your particular situation.

When will they approve my I-130?

The speed of I-130 processing depends on a number of factors.  Only to give you a rough idea, USCIS volition procedure your I-130 petition faster when the relationship between the petitioner (the person filing the form) and the casher (the person seeking a greenish carte du jour) is not a marriage.  This is because immigration officials ofttimes do not require an interview for non-wedlock cases when both the spouses are present in the U.S.

It volition as well depend on the method yous are using to get a green carte du jour.  When y'all are trying to get a green carte du jour from outside the United States — a process known as consular processing — then I-130s are decided faster. When both persons are within the United States, and so the I-130s are decided slower.

The speed of I-130 processing volition too depend on the immigration status of the person filing the I-130 petition.  If you're the spouse, parent, or minor kid of a U.S. citizen, you lot tin can expect immigration to brand a decision faster on the I-130.  If you're the spouse, parent, or child of a lawful permanent resident, it will take longer.

To requite you a rough idea of the time frame, an I-130 is approved in well-nigh nigh viii months.

Why does my I-130 case status check bear witness my case is still pending?

Sometimes the I-130 takes longer than eight months to be approved.  There are several reasons why.

For starters, USCIS may be very busy and have longer than normal processing times.  You can take a look at the USCIS processing times and see if your example is outside of normal processing fourth dimension.

Another issue that could delay a case is USCIS does take all the evidence they need.  For instance, when a son or daughter files an I-130 petition for a parent, USCIS requires  a copy of the birth certificate to plant the relationship.  Just if they did not submit a complete, legible re-create of the birth certificate and so USCIS will asking some other nativity certificate, which slows downwards the I-130 processing.

Other times, at that place is a problem with a discrepancy in names.  For example, a son or girl files an I-130 petition for a parent, but the proper name of the parent on the son or daughter'due south nativity certificate does not lucifer the proper noun the parent is using on the petition.  This may happen if a mistake on the birth document or if the child changed their concluding name after getting married.

In the worst-case scenario, a delay could exist because the I-130 is stuck on someone's desk or because the file is lost or the beneficiary of the petition had past clearing history .  For example, if you have previously been in removal proceedings USCIS volition need to become that file (also known every bit an "A-file") from the agency that handled your deportation.  The request of this file could delay the case.

What can I do if my I-130 petition is pending for as well long?

Sometimes immigration will inform you lot that your instance is being actively reviewed past USCIS.  If USCIS is actively reviewing your I-130, then typically yous have to be patient.   It is mutual, even so, for review of any I-130 to take no longer than 12 months.

If your case has been pending for more than than 12 months, here are some steps you can take:

• The get-go footstep is to cheque normal processing times for I-130 petitions.   You tin practice and then past checking the USCIS processing page.  You will have to enter the form type, I-130, and the location where it was filed.  The location can exist found at the bottom of the Notice of Action I-797, Receipt Notice.  USCIS may be very busy and processing times longer than normal.  If you are however within normal processing times, and so information technology'due south all-time to wait.
• If you are outside the normal processing times, then the adjacent step is to file a asking with USCIS online.      In order to file this request, you will need all of the information on the Discover of Activity I-797, Receipt Notice.  After you take submitted the asking yous will go a confirmation number.  USCIS will then send you an e-mail telling y'all when y'all should expect a response from them.
• If USCIS does not reply to your request within the fourth dimension stated, or if you lot come across no change in the status of your I-130 petition, then you should call the USCIS hotline and speak to someone at ane (800) 375-5283. It is helpful to have the confirmation from your online request.

Later you have tried the above, but zip has inverse with your I-130 case status, then y'all may consider hiring an experienced immigration attorney.  Some, simply non all, clearing attorneys are able to file lawsuits confronting the federal regime, request for USCIS to make a decision on the I-130 petition because it has been pending for also long.

This type of lawsuit is a "petition for writ of mandamus," which is just a fancy way of referring to a lawsuit asking the regime to accept some action that it'southward supposed to take.

Volition I accept an I-130 interview?

At some point your I-130 case status may reflect that you are scheduled for an interview.

Just not all I-130 cases require an interview.  Whether you have 1 volition depend on your case.  It will depend on the human relationship between the person filing the I-130 and the person seeking the green carte du jour.  For example, if you are related by union, and then you will probably need to become to your local field office for an interview.   On the other hand, if your relationship is parent-child or if you're siblings, then the interview is often skipped.

USCIS will schedule your interview by post.  The appointment letter will give yous the date, time, and place of the interview.  Read it carefully to learn who needs to nourish, and what to bring.

What happens during and after an I-130 interview?

During an I-130 interview, a USCIS officer will confirm the information in the application is right, ask to come across the originals of the documents such as birth certificates, and asking any other relevant information.

If the officer has everything they need, then they will simply approve your I-130.  Detect, officers will typically not provide you with a final decision at the I-130 interview, but sometimes they will inform yous they're recommending approval.  Either fashion, you volition have to await for an official approval notice from USCIS which is sent by mail.

If the officer does not accept everything they need,  they volition upshot a Request for Evidence asking for more data or more documents.  Unremarkably when USCIS sends a letter requesting additional evidence, there will be a deadline for responding.  If you miss your deadline, USCIS will likely deny your I-130 petition.  So it is of import to make sure that yous received the letter and are aware of any deadlines.

Sometimes, but not oft, USCIS may schedule you lot for a 2d interview.  This normally happens in marriage cases where the USCIS officer suspects that the marriage may not be real.  If they do schedule a second interview, it may be a practiced time to observe an immigration attorney.

My I-130 was approved. What happens side by side?

At some signal, your I-130 case status will hopefully testify that yous are approved.  If and then, congratulations!  If you observe out online that your I-130 is approved, brand sure that you get a re-create of the I-130 approval notice.  This is very important document, and you volition demand to keep information technology for your records.

But this is only the kickoff step in the process of getting a light-green card.  Your adjacent stride will depend on your specific situation.

People who accept to get a green carte by going to a U.Due south. consulate

If you are outside of the United States, or if you had planned on applying for your greenish card through a U.S. consulate in a foreign country, then you will demand to get set for something called consular processing.

This is where you lot apply for an immigrant visa, which is a paper that lets you arrive in the U.S., stay permanently, and get your green bill of fare.  Consular processing starts with yous sending documents and applications to a place called the National Visa Eye.  If on your I-130, you lot stated y'all were going to apply for a visa through a consulate, then your I-130 should be automatically forwarded to the National Visa Center.  An e-mail will be sent to you informing that the case has been created.

Just know that your case creation does non not always mean it can be candy right abroad.  When you can procedure information technology will depend on your visa category.  Your visa category depends on your relationship to the petitioner (husband or wife, child, parent, or blood brother or sis.) and clearing status of the person who filed the petition for you.  For example, if the I-130 filer is a U.Southward. citizen filing for a parent then processing can occur correct abroad.

Another thing that can affect how chop-chop the example is processed depends on where you are from.  People from some countries accept to expect a lot longer than those from other countries.  Generally speaking, people from China, Republic of india, and Mexico have to wait longer for visas than others.

People who can remain in the U.s. to get a green card

Some people with approved I-130 petitions are able to employ for a green bill of fare from within the United States. That process is called Adjustment of Status.

Be careful though.  Not everyone with an approved I-130 petition is allowed to utilize for adjustment.  You need to check with an experienced immigration attorney to observe out.  If y'all accept negative clearing history or criminal history, or if you entered the United States illegally, you lot may be barred from applying.

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Source: https://www.immigrationcases.org/i-130-case-status/

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