What Do I Need to Do to Get A Form I-130 Approved?

What Do I Need to Do to Get A Form I-130 Approved?

If you file a Form I-130, it is considered the first step in helping your eligible relative apply to obtain a green card and immigrate to the United States.   Merely filing or obtaining approval of the petition does not provide your relative any immigration benefit or status just yet. There are more steps to take to further that process.

In most cases, the U.S. Citizenship and Immigration Services will approve your Form I-130 if you successfully establish a relationship between you and your relative that allows them to qualify to immigrate to the United States.  After the petition is approved, the individual seeking to become a U.S. citizen or lawful permanent resident will then apply to become a lawful permanent resident.  This step will allow them to obtain a green card, and it is step two in the process. 

An immigrant visa is always available if your relative is an immediate relative.  If it is not an immediate relative relationship, then your relative may need to wait until a visa number becomes available. Additionally, each person that you are sponsoring may need a separate Form I-130 to be filled out and submitted. This process can be completed either online or by submitting the Form I-130 via mail.

In some cases, your relative may already be in the United States. If your relative is already within the U.S. and there is a visa available, your relative may be eligible to adjust status in the US, i.e. get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.  An Immigrant Visa Lawyer NYC can help understand such eligibility.