The I-130 Form, known as the Petition for Alien Relative, is the first step in the United States immigration process used by a U.S. citizen or permanent resident (green card holder) who wishes to sponsor the immigration of a foreign family member to the U.S. This form establishes the family relationship between the petitioner (the U.S. citizen or permanent resident) and the beneficiary (the foreign family member wishing to immigrate). It does not automatically grant a green card, but once approved, it is the first step for the family member to begin the process of obtaining an immigrant visa.
A U.S. citizen can sponsor their spouse, children (whether unmarried or married, of any age), parents (if the petitioner is 21 years or older), and siblings (if the petitioner is 21 years or older). A permanent resident can sponsor their spouse and unmarried children (of any age). The general process begins with the submission of the I-130, where the petitioner completes and submits the form along with documents proving the family relationship (such as marriage certificates, birth certificates, etc.) to the U.S. Citizenship and Immigration Services (USCIS). After the I-130 is approved, the petition is sent to the National Visa Center (NVC) or will wait until an immigrant visa becomes available, depending on the visa category and annual quotas.
If the family member is outside the U.S., the process will continue at the U.S. consulate in the country of origin. If the family member is already in the U.S., it may be possible to apply for Adjustment of Status to become a permanent resident without leaving the country. The processing time for the I-130 varies depending on the category of relationship and the workload of the USCIS, and it can take from a few months to several years, especially in categories with a limited number of visas available per year, such as siblings of U.S. citizens. This form is, therefore, a crucial step in the U.S. family immigration process.
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