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