I-130 Petition

I-130 Green Card Petition

The I-130 petition is a Green Card application for an immediate or other relative of a U.S. Citizen or Legal Permanent Resident.

I-130 Green Card Petition for a Family Relative

REQUIREMENTS

The following relatives are eligible for an I-130 Petition:

Spouse of a U.S. citizen
Unmarried child under the age of 21 of a U.S. citizen
Parent of a U.S. citizen who is at least 21 years old

Family member of a U.S. citizen, meaning you are the:
- Unmarried son or daughter of a U.S. citizen and you are 21 years old or older
- Married son or daughter of a U.S. citizen
- Brother or sister of a U.S. citizen who is at least 21 years old

Family member of a lawful permanent resident, meaning you are the:
- Spouse of a lawful permanent resident
- Unmarried child under the age of 21 of a lawful permanent resident
- Unmarried son or daughter of a lawful permanent resident 21 years old or older

The main requirement for the I-130 petition is the bona fide proof of familiar relationship between the U.S. Citizen or Permanent Resident and the foreign national Relative.

The I-130 is the first portion of the Green Card application, and depending on whether the Relative is in the United States or outside of the United States, the Relative must also submit an I-485 Adjustment of Status application (in in the U.S. in valid non-immigrant status), or complete the Immigrant Visa application through the National Visa Center and relevant U.S. Consulate.

The submission of the Adjustment of Status or Immigrant Visa petition is dependent on the availability of the visa under the annual quota of the respective category, in accordance with the current Visa Bulletin and which of the two tables is to be used.

PROCESS & TIMELINE

OVERVIEW

On average, it takes 4 – 6 weeks for Bay Immigration Law to prepare an I-130 petition to file with United States Citizenship and Immigration Services, depending on the particulars of your case. In general, the process is as follows:

Depending on the particulars of your situation, in general, the process is as follows:

INTRODUCTION

We have an introductory phone call and go over your plans, requirements, and the documentation/ information that will be necessary to proceed.

We send out an Engagement Letter establishing the Attorney-Client Privileged relationship, and outlining the legal and government costs for the preparation and filing of the case.

Once the Engagement Letter has been returned to us, we will make a formal request for documentation and information to begin preparation of the case.

CONTINUED COMMUNICATION

On a continuing basis we work with you to collect the information and documentation to fulfill the submission requirements for the Forms, Letter of Support and Packet.

ON COMPLETION

Once the packet is complete, we prepare a physical packet (in duplicate) at our Palo Alto office and ship it to USCIS for adjudication. If you are attending a Consular Interview, we will walk you through the process of booking a Consular Interview, and will prepare you for the interview a week or two prior to the interview.