- Conditions of family reunification in the USA
- Video — How to fill out Form I-130 in 2018
- Procedure for obtaining a Green Card
- Video — Form I-130 fee
- The necessary documents for I-130 immigration form
- Translation of documents
A US citizen or a Green Card holder can apply to the USCIS to provide his relatives the possibility of immigration to the United States. The first step is to submit the I-130 form. After receiving an immigrant visa, relatives enter the US and obtain a Green Card by mail within two weeks.
Conditions of family reunification in the USA
At the moment, the law provides special conditions for close relatives of American citizens: husband or wife, unmarried children under the age of 21 and parents. The US State Department will invite them to apply for an immigrant visa immediately upon consideration of your Form I-130.
If the application was approved, your relatives are in the United States on a legal basis and meet other requirements, they will be able to apply on the spot and change their status to permanent resident.
As for other relatives, because of the high demand for such applications and the statutory limit on the number of immigrants admitted to the US, they will have to wait for several years until their petitions will be processed.
Remote relatives are divided into several priority categories which are prescribed in the basic law regulating immigration activities – the Immigration and Nationality Act. Accordingly, the high priority will help you to get a family-based green cards faster.
As a US citizen, you can file an I-130 petition for:
- your spouse – without a queue;
- your unmarried child under 21 years of age – without a line;
- your unmarried child of 21 years old or more – there is a queue, the category F1;
- your married child of any age – there is a queue, category F3;
- your brother or sister (you should reach the age of 21 years) – there is a queue, category F4;
- your parent (you should reach the age of 21 years) – without a line.
As a Green Card holder, you can file a petition I-130 for:
- your spouse – there is a queue, category F2A;
- your unmarried child under 21 years of age – there is a queue, category F2A;
- your unmarried child of 21 years old and more – there is a queue, the category F2B.
Marriage with a US citizen serves as permission for illegal stay in the US (even if the court’s decision on deportation came into force). Marriage with a Green Card holder does not give such privileges. To become a permanent resident, you must stay in the US in legal status as long as you expect your turn.
How to fill out Form I-130 in 2018
Procedure for obtaining a Green Card
You will need to go through the following steps:
- A US citizen or permanent resident submits an immigration petition (Form I-130) to the US Citizenship and Immigration Services (USCIS).
- If the petition is approved, it is transferred to the National Visa Center (NEC).
- NEC requests a list of documents that should be sent to them.
- If this set of papers is approved, the NEC representatives invite a relative for an interview at the US Consular Section in the country of his residence.
If the relative is already in the United States, then the US citizen submits Form I-485 (petition for a status change). Also, it must be proved that the relative is financially secure. Typically, such evidence is Affidavit of Support – a document obliging a US citizen to provide financial assistance to his relative.
When a US citizen files a petition for a spouse, unmarried children under 21 or parents who are in the US, it’s recommended to immediately submit a completed Form I-485 (Application to Register Permanent Residence or Adjust Status). Then there will be no queue.
If a family member is not in the United States, he will apply for a Green Card at the US Embassy. There you can get an immigration visa in your passport and a sealed package of documents with which it’s needed to enter the United States. For parents processing time are two weeks, the Green Card will be sent by mail.
Form I-130 fee
The necessary documents for I-130 immigration form
For each case I 130 (spouses, children, parents, brothers, and sisters) you need a different list of documents and different processing time. However, there are some general requirements:
- For each case (spouses, children, parents, brothers, and sisters) you need a different list of documents. However, there are some general requirements:
- Confirmation of US citizenship (for example, birth certificate, US citizen passport, naturalization certificate), or a copy of the Green Card.
- Documents proving the relationship (a copy of the marriage certificate, birth certificates of children, etc.)
- A photo of passport format.
- A certificate of ownership or a lease agreement.
- Documents were confirming income.
- Indications of third parties that testify the kinship.
- Other docs were confirming your intentions.
Translation of documents
All your documents in any language other than English should be translated. It is necessary to bring the originals of all the papers mentioned in the application for the interview at embassy or immigration office.
The proof documents attached to the application should be submitted in the form of high-quality copies in English. The translation must be certified by the signature of the translator, indicating his name, contacts, and qualifications. At the end of the interview, all originals will be returned to you.