If you’re applying to bring a relative into the United States, the first step is to fill out USCIS Form I-130. This form is also called the Petition for Alien Relative. If the petition is granted, you can then apply for a visa for your family member to immigrate to the U.S.
In Part C you’ll be required to fill out information about your relative (called the beneficiary) such as their birthday, marital status, address and any dependent children they may have. You’ll also be asked if your relative has ever been under immigration proceedings. Immigration proceedings are formal hearings that take place before a judge, such as a deportation hearing or a bond hearing. So, if your relative had previously only submitted immigration forms, but never went to a formal hearing, you would answer ‘no’ because submitting paperwork isn’t considered undergoing immigration proceedings. CONTACT and attorney if you even think you have been subject to any kind of immigration proceedings.
If your family member has had immigration proceedings, you will need to submit additional information about where and when that took place, as well as the outcome.
Oftentimes people who are completing the application make mistakes because they aren’t yet fluent in English. That’s why our service is here to help by supplying translations of the material to ensure you understand what the form is requiring.
Legibility (ability to read handwriting) is also a frequent cause of delay in getting your I-130 processed. If the USCIS can’t read your handwriting, they will deny your application or return it to you for correction, causing lengthy delays. We can help by printing your answers onto the form, as well as checking to make sure everything is filled out properly.
The relatives you are allowed to present an I-130 petition for are:
- Your spouse (husband/ wife)
- Your children (sons/daughters)
- Your parents (mother/father)
- If you’re a U.S. citizen, you may also apply for your brothers and sisters.
You’re required to submit a separate application for each family member for whom you’re helping to immigrate. You’ll also need to supply documentation substantiating your immigration or citizenship status, as well as birth certificates, marriage certificates and other pertinent information establishing that you have a valid family relationship with the beneficiary (relative you’re petitioning for). If these documents aren’t in English, you’ll need to include certified translations of them. The more thorough you are in completing the I-130, the better are the chances that your petition will be approved.
Make sure you double-check your petition for errors and sign at the end of the form. Include a check or money order for the processing fee of $420.
It’s important to remember that sending in the I-130 is just the first step in the process of helping your relative obtain legal residency in the U.S. It can take up to a year for this application to be processed. If you receive an approval, you can then begin the process of getting a visa for your relative.
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