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The I-130 petition... Why would I file only this form...?

Posted by Giselle Ayala Mateus | Nov 27, 2020 | 0 Comments

When a person wants to travel to the United States, there are two possibilities, that he/she comes with a non-immigrant visa or that he/she comes with an immigrant visa or a green card. However, how is that possible? Well, in this post we will review the matter regarding immigrant visas. The I-130 Petition for Alien Relative is the first step that U.S. citizens or residents (the "petitioner") must take before getting a green card for their family members. This is because the I-130 is the form by which the petitioner established the eligibility of his/her family member. 

What am I doing when I file an I-130?

The I-130 form and the accompanying documents establish that a valid family relationship exists between a U.S. citizen or resident and the family member who is applying for the immigration benefit of the green card. In the case of Marriage-Based Petitions, an additional form must be submitted, form I-131 which gives the USCIS additional information about the petitioner's family member. In this context, the I-130 petition is filed to prove:

  • That the marriage is legal, valid, and real.
  • That there is a valid relationship between the petitioner and his/her son.
  • That there is a valid relationship between the petitioner and his/her mother. 
  • That there is a valid relationship between the petitioner and his/her father. 
  • That the beneficiary is really the brother of the petitioner.

Availability of visas

When a person makes a request for an immigration benefit, specifically, one that requires the concession of a visa, such a visa must be available. The government of the United States has a limited number of visas available when the applicant is in a certain category. The only visas that are immediately available are those for the spouse and children of U.S. citizens or the spouse and children of a resident. Other than that, the visas are organized by category and subject to availability. Such availability can be established with the Visa Bulletin. The visas are also organized in order of preference. 

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

Priority Date 

Considering what we have said so far, it is important to understand that once the I-130 petition is successfully submitted an applicant gets what is called, a priority date. The priority date is the date that USCIS uses as a reference to inform the public whether visas are available. In other words, visas are available considering the country of nationality of the applicant and the priority date.

For instance, a U.S. citizen requests a green card for his sister. Said application was received on June 21, 1998. Currently, on November 27, 2020, the petitioner wants to know if his sister can finally complete her petition. According to the Visa Bulletin of November 2020, petitions received on or before June 22, 1998, are now available. This means that after filing the I-130 petition in 1998, this applicant's immigration process can continue now. 

The Law Office of Giselle Ayala Mateus can help you!

I-130 Filing for Eligibility
  • Attorney's Flat Fee $1500 – $2000.
  • Minimum initial payment of $500 to open the case.
  • A $500 additional if the Client decides to hire the lawyer to go to the immigration interview.
  • Balance can be paid in monthly payments of $500.
  • The application is submitted when the Client has paid the total balance of the case.
  • Services include the preparation and presentation of the petition and the documents.
  • USCIS Communications administration and additional Information.
Price may vary depending on the case of the client. 
 

About the Author

Giselle Ayala Mateus

Giselle Ayala Mateus is a NY attorney with comprehensive experience in transactional law, creative agreements, business formation, and immigration law. She is also the founder of FOCUS a not-for-profit project focused on supporting entrepreneurs and artists.

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