Can you file Form I-130 for an unmarried child?

Lawful permanent residents can only file Form I-130 for an unmarried son or daughter (any age). Immigration law assigns these relationships to the family preference categories. There is no visa category for married children, sons or daughters of permanent residents.

What is an I-130 petition for an Alien Relative?

What is a Form I-130? Petition for Alien Relative . The Form I-130 Is an essential document to establish the existence of a familial relationship between someone who is: (a) a US citizen (USC) or (b) a lawful permanent resident (LPR) and . another person who is an alien. Often the required document than an LPR or USC files to request

How long does it take to file Form I-130?

It is extremely important that the petitioner file a well-prepared Form I-130 package that is free of errors and inconsistencies. After filing Form I-130, Petition for Alien Relative , the approval process can take anywhere from 5 to 12 months for immediate relatives and could take several years for family preference categories.

How to apply for an I-130 visa for an adult?

Preparing the initial I-130 visa petition required to bring a green card holder’s adult child to the United States as a lawful permanent resident. Please answer a few questions to help us match you with attorneys in your area.

When to apply for I-130 for son or daughter?

How soon your son or daughter (married or over 21) will be able to immigrate after you submit the I-130 depends on how much demand there is in category F2B by people from his or her country.

When to file Form I-130 for an Alien Relative?

Foreigners with the intent of immigrating to the U.S. can request their lawful relative to file Form I-130 to Petition for Alien Relative. Depending on the legal status of the sponsor, USCIS has different guidelines on the definition of eligible relative. Applicants should check the list below before filing Form I-130.

Can a 21 year old remain unmarried under I-130?

If their son later gets married while waiting for a priority date, he will drop to 3rd preference which can add years to the waiting time. It’s best that he remains unmarried since this is something that he can control. Turning 21 after filing I-130 will still keep a child in the 1st preference as long as they remain unmarried.

What to do when filling out Form I-130?

Review a sample I-130 cover letter. Submit an accurately prepared petition. The best way to keep your case on schedule is to fill out the form correctly and neatly. Don’t forget to sign. Form I-130A is only required for the beneficiary spouse.

What do I need for my spouse to sign Form I-130?

If your spouse is outside the United States, he or she is not required to sign Form I-130A. If you are a U.S. citizen, submit a photocopy of a birth certificate (if U.S. born), passport, naturalization certificate, certificate of citizenship, or consular report of birth abroad.

What happens to children born after I-130 approval?

The I-130 process will have to begin all over again if there is another relative who can petition for the child. If your relative divorces while waiting for a visa, his or her natural children born after the I-130 approval are not affected, but stepchildren who came into the family after the I-130 approval might be.

What happens if your relative had children after I-130 approved?

If your relative was unmarried when you filed the I-130 for him or her, and then after the I-130 was approved your relative got married to someone with children, can those “stepchildren” immigrate along with your relative? They can, as long they were under 18 when your relative got married.

When to use I-130, petition for Alien Relative?

I-130, Petition for Alien Relative. Use this form if you are a citizen or lawful permanent resident (LPR) of the United States who needs to establish your relationship to an eligible relative who wishes to immigrate to the United States.

How long does it take to process an I-130 family petition?

The current processing time for an I-130 depends on if the petitioner’s relative is considered to be an immediate family member, as well as the family member’s nationality. USCIS gives greater priority to immediate family members such as unmarried children under 21 years of age, spouses and parents.

When to file I-130 for parents of U.S.citizens?

This is referred to as consular processing. If your parent is in the U.S. after having gained legal entry (through a visa or other means), and then later decided to apply for a green card, he or she is eligible to file an I-485, Petition to Adjust Status, at the same time as the I-130 application.

How to prove a family relationship on I-130?

A copy of the child’s birth certificate showing the child’s name and the names of both parents

What happens to biological children after I-130 approval?

Biological children of a divorced beneficiary do not lose their derivative status. If you become a U.S. citizen between the approval of the I-130 and the visa application of your foreign national spouse, your spouse and your child would become immediate relatives.

Is it possible to get a visitor visa after filing Form I-130?

While some eligible relationships may only take a few months, other can take years. Naturally, it would be nice to visit family in the United States while waiting for the immigrant visa. Unfortunately, it can be difficult to obtain a B-1 or B-2 visitor visa after filing Form I-130, Petition for Alien Relative.