Step 2: File Form I-130 (Petition for Alien Relative)

To begin the immigration process, the sponsor must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between the sponsor and the beneficiary (the family member being sponsored).

Required Documentation

• Proof of U.S. citizenship or lawful permanent resident status (e.g., U.S. passport, naturalization certificate, or green card).
• Evidence of the family relationship:
• For spouses: Marriage certificate, joint financial records, photos, and affidavits from friends and family.
• For children: Birth certificates showing the names of the parent and child.
• For parents: The sponsor’s birth certificate showing the parent’s name.
• Filing fee: As of [current date], the fee for Form I-130 is $535.

Once USCIS receives the petition, they will issue a receipt notice (Form I-797) acknowledging the application.

Step 3: Wait for USCIS Approval and Visa Availability

USCIS will review the petition and either approve or deny it. If approved, the next step depends on whether the beneficiary falls under the immediate relative category or a family preference category.

   1.Immediate Relatives: Since there are no visa caps for immediate relatives, they can proceed to the next step immediately.

    2. Family Preference Categories: These categories are subject to annual visa limits. The U.S. Department of State publishes a monthly Visa Bulletin that indicates which priority dates are currently being processed. Beneficiaries must wait for their priority date to become current before proceeding.

Step 4: Choose Between Adjustment of Status and Consular Processing

Once the petition is approved and a visa is available, the beneficiary can either apply for adjustment of status (if they are already in the U.S.) or undergo consular processing (if they are outside the U.S.).

Adjustment of Status (AOS)

If the beneficiary is already in the U.S. on a valid visa, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain a green card without leaving the country.

Additional Requirements:

• Form I-864, Affidavit of Support, to demonstrate that the sponsor can financially support the beneficiary.
• Medical examination and vaccination report (Form I-693).
• Filing fee: Approximately $1,225, including the biometric services fee.

Consular Processing

If the beneficiary is outside the U.S., they must complete consular processing at a U.S. embassy or consulate in their home country.

Steps Involved:

1. Complete Form DS-260, Immigrant Visa Application.
2. Pay the required visa fees.
3. Attend a visa interview at the U.S. embassy or consulate.
4. Undergo a medical examination by an approved physician.

Step 5: Attend the Interview

Whether applying through adjustment of status or consular processing, the beneficiary will be required to attend an interview. The purpose of the interview is to verify the authenticity of the relationship and assess the beneficiary’s eligibility for a green card.

Tips for a Successful Interview:

• Be honest and consistent in your answers.
• Bring all required documents, including originals and copies.
• For spouses, be prepared to answer questions about your relationship, such as how you met, your wedding details, and daily life together.
  
  

Step 6: Receive the Green Card

Once the petition is approved and a visa is available, the beneficiary can either apply for adjustment of status (if they are already in the U.S.) or undergo consular processing (if they are outside the U.S.).

If the interview is successful, the beneficiary will be granted lawful permanent resident status.

• For AOS Applicants: The green card will be mailed to the U.S. address provided in the application.
• For Consular Processing Applicants: The beneficiary will receive an immigrant visa, which they must use to enter the U.S. Upon entry, they will be processed and receive their green card by mail.
  
  

Common Challenges and How to Overcome Them

Delays in Processing

USCIS processing times can vary, and delays are common. To minimize delays:

• Ensure that all forms are complete and accurate.
• Respond promptly to any Requests for Evidence (RFE) from USCIS.
• Regularly check the status of your application online.

Visa Denials

Denials can occur due to insufficient documentation, failure to prove a bona fide relationship, or inadmissibility issues. If your visa is denied, you may be able to appeal the decision or file a new petition with additional evidence.

Conclusion

Bringing family members to the U.S. through family-based immigration is a meaningful but complex process. By following the steps outlined in this guide—from determining eligibility to attending the final interview—you can increase your chances of a successful outcome. Whether you are sponsoring a spouse, child, parent, or sibling, proper preparation is key to navigating the immigration system smoothly.

For those in Orlando or elsewhere in the United States, working with an experienced immigration lawyer can provide valuable guidance and support throughout the process. With the right approach and resources, you can achieve your goal of reuniting with your loved ones in the United States. Contact our Immigration Attorney and his stellar team of immigration experts today at 407-593-4501.

Learn about Understanding-the-I-130-Petition-Requirements-and-Timeline   here.