I-130 FOREIGN RELATIVE

What is an INS Form I-130?

I-130 is a form used to apply for permanent residence based on a family relationship with a U.S. citizen or lawful permanent resident of the U.S. The U.S. citizen or lawful permanent resident is the “petitioner” and files the application. The relative the application is being filed for is the “beneficiary.” The National Visa Service Legal Department can prepare and submit the I-130 petition if the I-130 beneficiary is presently in the U.S. in status or outside the U.S. We can also prepare and submit the I-130 petition if the beneficiary is the husband/wife, child under 21 years old, or parent of a U.S. citizen, even if the beneficiary is in the U.S. out of status.

What Are the Requirements for a Family-Based Permanent Residence Petition Using Form I-130?

A U.S. Citizen may file an I-130 for the following relatives:

· Husband/wife and child under 21 years old.

· parent, unmarried son or daughter under 21 years old or older,

· Married son or daughter, and brother/sister.

A U.S. lawful permanent resident may file an I-130 petition for the following relatives: husband/wife and unmarried child.

Note: When a U.S. citizen petitioner files an I-130 for a child under 21 years old, husband/wife or parent beneficiary, and the beneficiary is currently legally in the U.S., an I-485 application for permanent residence may be filed at the same time because the beneficiary is immediately eligible for permanent residence. For all other I-130 beneficiaries, obtaining permanent resident status is a two-part process: 1. Petitioner files I-130 and obtains approval, and 2. When a priority date for the I-130 petition is current, petitioner files an I-485 application for adjustment of status.

How Long Is This Visa Valid?

This is a permanent residence visa and is valid indefinitely. If the priority date for the I-130 application is current and you and your dependents are in the U.S., you may adjust their status to permanent residence by filing INS form I-485.

Are Dependents of a Beneficiary Eligible for Permanent Residence?

The answer depends on the age and relationship of the dependent to the beneficiary. When a U.S. citizen petitioner files an I-130 application for a husband/wife, child under 21 years old, or parent, dependents are NOT eligible for permanent residence. Individual I-130 petitions must be filed for the dependent relatives. When a U.S. citizen petitioner files an I-130 application for an unmarried son or daughter 21 years old or older, married son or daughter, or brother/sister beneficiary, or when a U.S. lawful permanent resident files any I-130 petition, all children under 21 years old and the spouse of the beneficiary are entitled to permanent residence when the priority date of the approved I-130 petition is current. If the priority date for the I-130 application is current and beneficiary and dependents are in the U.S., they may adjust their status to permanent residence by filing INS Form I-485.

What Is the National Visa Service Legal Department Fee?

The fee is $900, which includes the INS processing fees.

To hire a National Visa Service Attorney to help you get this visa now: