Class I-130 Processing Fourth dimension

What Happens Afterwards Filing Form I-130, Petition for Alien Relative

Form I-130, Petition for Alien Relative, is the first footstep in obtaining family-based permanent residence (green carte) in the United States. A U.S. citizen or lawful permanent resident may file Form I-130 to plant a qualifying relationship with the beneficiary (intending immigrant). Understandably, you desire to know how long information technology takes throughout the Class I-130 processing time line and what happens in the different steps.

Although the steps that accept place are adequately consistent, the I-130 processing time will vary significantly based on the blazon of relationship (between petitioner and casher), USCIS case load, and your ability to properly file an accurately prepared I-130 petition. The following outline describes the basic steps of the I-130 time line for nigh people.

Form I-130 processing time line, what happens after filing

Receipt of Petition

APPROXIMATELY two TO 3 WEEKS AFTER FILING

If you properly file Class I-130, Petition for Alien Relative, USCIS will initially respond by mailing you lot a receipt observe that confirms receipt of your petition. Formally known as Form I-797C, Detect of Action (see example below), the receipt notice typically arrives 2 to 3 weeks after filing. If you did non properly file your Grade I-130, USCIS will send a Observe of Activeness to reject the petition or may transport a Request for Prove that requests boosted items. Either will significantly delay your asking. Thus, it is vital to prepare the I-130 correctly and submit all required supporting documents.

I-797c receipt notice during I-130 time line

Tip: Salve this important letter. It contains your x-digit receipt number. You can utilize this receipt number to bank check your case status. If yous didn't receive a Notice of Action, you can brand a case research.

Nigh ix% of Form I-130 petitions are rejected, and thousands more are denied. A poorly prepared petition tin can also delay the approval procedure and even create significant immigration problems. When yous prepare your I-130 on CitizenPath, we provide simple, step-past-stride instructions and alerts to help you lot avoid costly delays. We even guarantee USCIS will approve your petition. No credit card is required to effort it.

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Review of Petition

APPROXIMATELY 2 TO iv WEEKS AFTER FILING

At this bespeak, USCIS may begin reviewing your petition. Only it'due south very helpful to sympathize the difference between immediate relatives and family preference categories equally well equally how that will affect your petition. Clearing law defines firsthand relatives as the spouse, single children (under age 21) and parents of a U.S. citizen. They are given priority. More accurately, at that place is no numerical limit on immigrant visas for firsthand relatives. Therefore, the wait fourth dimension is much shorter. USCIS will brainstorm reviewing immediate relative petitions as soon as possible.

At this point, USCIS may brainstorm reviewing your petition. Only it's very helpful to understand the deviation betwixt immediate relatives and family preference categories as well as how that will touch your petition. Immigration law defines immediate relatives as the spouse, unmarried children (under age 21) and parents of a U.S. citizen. They are given priority. More accurately, in that location is no numerical limit on immigrant visas for immediate relatives. Therefore, the wait time is much shorter. USCIS will begin reviewing immediate relative petitions equally soon every bit possible.

form i-130 processing time, what to expect

Tip: If the petitioner or casher modify a mailing address during this time, don't forget to inform USCIS. Phone call USCIS at 1-800-375-5283 to change the accost with your awaiting I-130 petition.

Approving for Firsthand Relatives

APPROXIMATELY v TO 12 MONTHS Later FILING

Again, the number of immigrant visas (light-green cards) issued to immediate relatives of U.S. citizens is unlimited. Almost Form I-130 petitions for immediate relatives are approved within a five to ix month time frame, just they can take longer in some cases.

If you lot are in the United States and also filed an application to adjust condition, USCIS will begin reviewing Form I-485 at this point. If you are outside the U.Southward., USCIS will forward your case to the National Visa Center (NVC) to brainstorm analogous the visa interview at a U.South. consular role in your country. The NVC will advise you when it'southward time to submit the visa application and other supporting documents.

Remember, immediate relatives are the spouses, single children (under 21) and parents of U.S. citizens. This is a select grouping of immigrants with unlimited visa numbers. All other types of family relationships are considered family preference categories and by and large will take longer to approve and become current.

Approval for Family Preference

APPROXIMATELY six MONTHS TO 20+ YEARS Later on FILING

Immigrant visa numbers are not unlimited for people in the family preference category. There is a numerical limit on the visas issued each twelvemonth. For limited categories, the availability of immigrant visa numbers depends on the date your petition was filed. This is called your priority appointment.

Therefore, information technology'due south very important to sympathise that even if USCIS approves an immigrant visa petition for yous, you may not become an immigrant visa number immediately. For many people, it can accept several years before the priority engagement is electric current.

USCIS may corroborate the petition in every bit trivial as half-dozen months for the F2A category (usually much longer for other categories), but you volition all the same demand to wait for a visa number to get available before the immigrant visa (dark-green carte du jour) awarding can exist submitted to the U.S. consulate. Using your priority appointment, you tin can check the condition of the Country Section's Visa Bulletin. Learn how to read the visa bulletin >>

Tip: If an immediate relative is in the United states through a lawful entry, it's mostly easiest (and fastest) to file the green card application (Form I-485) at the aforementioned time as Class I-130. Larn more about aligning of status.

I-130 Processing Time by Category

APPROXIMATELY five MONTHS TO 20 YEARS (DEPENDING ON CATEGORY)

Under current U.South. immigration law, Congress limits the number of family preference green cards that may be granted each twelvemonth. Thus, the almanac quota (numerical limit) on each category combined with limits for each country can create very pregnant waits for some categories. That by and large translates into a expect time later filing Class I-130, Petition for Alien Relative.

Category
Eligibility
Annual Quota
Estimated Expect Fourth dimension
IR Immediate Relative: Spouse, unmarried children (under 21 years sometime), and parents of U.S. citizens No numerical limit None1
F1 Family unit Preference: Unmarried sons and daughters (21 years of age or older) of U.S. citizens 23,400 vii years2
F2 Family Preference: Spouse, sons and daughters of lawful permanent residents 114,200
F2A: Spouse and minor children (under 21 years onetime) None3
F2B: Unmarried sons and daughters (21 or older) five-6 years
F3 Family Preference: Married sons and daughters of U.S. citizens 23,400 12-13 yearstwo
F4 Family Preference: Brothers and sisters of U.S. citizens 65,000 xiii-14 years2

1There is no quota for the firsthand relative visa category, but it may take 6 to 12 months for USCIS to approve the Course I-130.
iiSome countries like Red china, India, Mexico and Philippines may have significantly longer look times.
3This category is presently "current." However, it may take 6 to 12 months for USCIS to corroborate the Grade I-130.

File Early

Inside each category, USCIS processes the I-130 petition on a start-come, first-served basis. Therefore, it is of import to get onto this look listing early past establishing a priority date. It is extremely of import that the petitioner file a well-prepared Class I-130 package that is free of errors and inconsistencies.

After filing Form I-130, Petition for Conflicting Relative, the approving process can take anywhere from 5 to 12 months for immediate relatives and could take several years for family preference categories. This is an approximation. It may exist shorter for some and longer for others. Don't forget — y'all can check your instance status online with your receipt number. The USCIS website besides lists normal processing times for an I-130 petition. If you lot believe that your case is exterior the normal I-130 processing time, you tin can make a case enquiry.

The approval of your I-130 petition is just the get-go of a process that has several more steps. After USCIS approves the I-130 petition, see what's next.