Staff Reporter
Calling all Spanish nationals interested in immigrating to the United States! Did you know that if you have a relative who is U.S. citizen or a lawful permanent resident (green card holder), they may be able to petition on your behalf to help you obtain your own U.S. green card? In this guide, we will discuss the first step in the process of submitting a U.S. green card application to establish a qualifying relationship with an eligible relative.
What is Form I-130?
Form I-130, “Petition for Alien Relative,” is the first form you’ll want to submit to United States Citizenship and Immigration Services (USCIS) for a green card application, whether your relative is currently located in the United States or abroad. This form is used to prove the relationship between you and your foreign national relative, and it can only be filed by a U.S. citizen or a lawful permanent resident (green card holder). In case you plan to petition multiple relatives, keep in mind that you need to submit one form per relative and pay a filing fee for each Form I-130 submitted.
What to Do After Form I-130 is Approved?
Once your Form I-130 is approved, your relative needs to apply for their green card. Depending on the category they fall into, they will have to check in the Visa Bulletin if a visa is available for them to do so.
Applicants are usually divided into two categories:
The Immediate Relative Category
The Family Preference Category
Immediate relatives aren’t subject to an annual cap, so they don’t have to wait to apply for a green card. But family preference applicants have to wait until a visa number becomes available, whether they are inside or outside the United States. You will know that a visa number is available when your priority date becomes current on the Visa Bulletin.
How to Fill Out Form I-130
In order to determine how to fill out Form I-130, it is important to mention it can be filed online by creating a USCIS online account or by mailing it to USCIS. Each process, online and paper filing, has different filing fees. You must also take into consideration that if you are petitioning for your spouse, they will need to complete Form I-130A.
If you will be paper filing your application, always verify you are using the most recent version of the form, which can be found on the USCIS website. Also check the USCIS to find the appropriate USCIS filing address to mail your I-130 to. Always make sure all the required information is completed on the forms, whether submitting online or paper-filing, and attach all the required documents from the petitioner and the beneficiary (i.e., the evidence proving the existing and genuine family relationship between them).
