For families separated by borders, the U.S. immigration system offers a pathway to reunification through family-based immigration petitions. This process begins with the Form I-130 Petition. This petition is essential for U.S. citizens or lawful permanent residents (green card holders) who wish to help a family member obtain legal status and live in the U.S. with them. At JLW Immigration Law Group, we understand that the I-130 process can be complex, so we have created a simplified guide to help walk you through this critical process.

Step 1: Understand Who Can File an I-130

The I-130 form, also known as the Petition for Immigrant Relative, is the first step in helping a family member gain legal status in the United States. Eligible petitioners include:

• U.S. Citizens: Can file for their spouse, children (regardless of age or marital status), parents, and siblings.
• Lawful Permanent Residents (Green Card Holders): Can file for their spouse and unmarried children.

Each family relationship is unique, and the category under which you file may affect processing times. Immediate relatives, such as spouses, minor children and parents of U.S. citizens, typically receive faster processing compared to other family categories.

Step 2: Complete the I-130 Form

The I-130 form is designed to establish the validity of the family relationship between the petitioner (you) and the beneficiary (your relative). This form requires detailed information about both the petitioner and the beneficiary, including:

• Full names
• Birth dates
• Marital status and history, including prior marriages
• Immigration status
• Evidence of the family relationship (e.g., birth certificates, marriage certificates, divorce records, death records, etc.)

Along with the form, you’ll need to submit supporting documents to prove the relationship. For example, if you're petitioning for a spouse, you’ll need to submit a marriage certificate and evidence of a genuine marriage (like joint financial documents or family photos). If you or your spouse has been married before, you must submit proof that the prior marriage was legally terminated by divorce, annulment, or death.

Step 3: Submit the Petition and Supporting Documents

Once you've completed the I-130 form and gathered the necessary supporting documents, you will need to submit the petition to the U.S. Citizenship and Immigration Services (USCIS). The filing process involves:

• Filing Fee: The current fee for filing an I-130 petition is $675
• Submission: The petition can be submitted online or by mail, depending on your preference. Be sure to retain copies of all forms and documents submitted for your records.

USCIS will review the application to ensure it’s complete. If anything is missing, USCIS may request additional information, delaying the process. This is why it's crucial to get it right the first time.

Step 4: Wait for Processing and Approval

The approval process can vary depending on the relationship and the current USCIS processing times. After submitting your petition, USCIS will send a receipt notice, which you can use to track the progress of your case. For immediate relatives of U.S. citizens, the process can take anywhere from several months to a year. For other categories, such as siblings of U.S. citizens, the wait can be significantly longer due to visa limitations.

Once approved, the case moves to the next step, either consular processing (for beneficiaries living abroad or who must consular process) or adjustment of status (for those already in the U.S.).

Step 5: Next Steps After I-130 Approval

After USCIS approves the I-130 petition, the process for your family member to gain legal status is not yet complete. If they are abroad or in the U.S. but ineligible for adjustment of status, they must complete the consular processing through a U.S. Embassy or Consulate in their country. If they are already in the U.S., they may apply to adjust their status to a lawful permanent resident if they meet eligibility requirements.

Schedule a Consultation Today

Reuniting families is at the heart of what we do at JLW Immigration Law Group. We know how important it is for you to be with your loved ones, and we’re here to guide you every step of the way. Filing an I-130 petition can be complex, but with expert legal assistance, you can avoid unnecessary delays and ensure the best chance of success.

Schedule a consultation with us today to learn more about how we can help bring your family together.

Our of respect for the humanity of our clients and immigrants around the world, we have opted to modify the names of some forms and legal terms in our published guidance. Please contact us with any questions or concerns.