Frequently Asked Questions - Form I-130

  1. Reopening a K or I-130 Designated for Revocation by USCIS
  2. Direct Consular Filing of I-130's
  3. I-130 petition and removal proceedings
  4. Father filing an I-130
  5. I-130 for husband approved - what next?
  6. My mom's green card interview
  7. I-130 & I-485
  8. Petition for brother
  9. I-130 petition
  10. B visa while GC pending
  11. Legality of I-485/I-130 filing
  12. J1 overstayed by years, married to a greencard holder
  13. I130 and application for adjustment
  14. I-130 for parents and sisters
  15. TN Holder laid off
  16. I-130 has 3 years not yet approved
  17. Birth certificate problems for parents
  18. Effect of immigration proclamation/executive order on green cards
  19. Tourist/Visitors visa for people with special needs or challenges
  20. Filing Change of Address
  21. I-130 Application For Mother and Father
  22. J-1 Physician applying for following to join after waiver
  23. Applying for green card while visiting the USA
  24. I-130 Petition
  25. Withdrawal of Application for Admission at the Airport Under INA 212(a) (7)(A) (i)(I) & 235(b)(1)
Reopening a K or I-130 Designated for Revocation by USCIS
Can an attorney reopen a K or I-130 designated for revocation by USCIS? If yes, what is the procedure?

The State Department says that the Consulate will review additional documentation until the case has been physically transferred to USCIS.

Direct Consular Filing of I-130's
Regarding direct consular filing of I-130's, under what exigent circumstances does the Consulate accept jurisdiction of I-130 Immediate Relative Petitions for consular review?
I-130 petition and removal proceedings
I am in removal proceedings and I just filled 1-30 petition through my USC wife. Is there an interview and what does it involve?

Typically there is an interview. Times are widely different depending upon security clearance, etc. The interview involves investigation of a "real," not sham marriage.

Father filing an I-130
My US citizen father is filing an I-130 for me; will my husband automatically be accepted at the same time as me if I get accepted?

Your father does not have to file a separate application for your husband. In the various papers you get from the consulate and the National Visa Center, you can indicate that he is getting his green card with you.

I-130 for husband approved - what next?
I am a US citizen and my husband is an Indian citizen. We got married almost a year ago. His I-130 was recently approved. What are the next steps for him to come to the US?

It should take a few more months. You should be getting some correspondence from NVC in New Hampshire. After you complete their requirements, the file will be forwarded to US Consulate in India for further processing. They will contact your husband.

My mom's green card interview
My mom came in for a visit in Dec 2009, I applied for I-130 in Feb-10 for her and got approved, then she left to Canada to visit a friend and came back in May, I applied for an adjustment of status in June, and she has her interview this week. Does the fact that she reentered in June with the intent to apply for permanent residency because of the I-130 approval we got lead to denying her application.

If USCIS so wishes, they can certainly make an issue of it. But they tend to be much more tolerant of cases of immediate family like parents and spouse.

I-130 & I-485
My immigration status is in pending for AOS. My spouse got recently the US citizenship. If she files for I-130 do I need to file for another I-485?

No. You should be able to use the same I-485.

Petition for brother
What is the period time, apply for i-130 for brother's with family from India.

Over ten years. Check out the Visa Bulletin .

I-130 petition
I filled the petition for my son when I was GC holder.My son got married 10 days before I got citizenship.Now his petition is denied.USCIS want me to file I-130 again. Please tell me I have to file I-130 or there is any other way.

As far as I know, there is no way out of this except a new filing.

B visa while GC pending
A a citizen, I filled up a I-130 form for my parents; they live abroad, but they already have a tourist visa; may they visit USA for short time while they are waiting for the GC process, and then go back to their country, keeping back and forth in the meantime?

The law is uncertain. This type of entry will be left at the discretion of CBP. I have a blog entry on this subject. Please review it: http://forums.immigration.com/blog.php?u=1

Legality of I-485/I-130 filing
I married my Canadian wife in November 09 in the US. She had entered the country as a visitor. She flew back to her expatriate parents in Australia. She re-entered the country - POE was LAX - and we linked up in North Carolina to drive north to pick up her belongings in Montreal. We exited the US and then we re-entered. USCIS gave us some difficulty at the border but they let us in together. Now I know I need to file the I-130 form, and I am hoping to file an I-485 for AOS and I-765 so she can work. Is this legal? She is here legally as a visitor with 6 months to stay.

This is a touchy topic. As long as you revealed to the Post during your last entry that you were married, I see no problem with the 130/485 combo.

J1 overstayed by years, married to a greencard holder
I came to US in 2004, overstayed my J1 visa by 3 years and got married to a greencard holder in 2007. My I-130 was approved in 2008 . Is it possible to adjust status when my visa number becomes available. I have read on different sites that I'm not eligible since I have not maintained lawful status during my stay. Are there any loops?

Unless your spouse becomes a US citizen, nothing can be done as far as I can see. If you had a 2 years HRR, you have bigger problems.

I130 and application for adjustment
I filed I 130 for my unamrried son but before it was processed i became citizen so I filed fresh which may take mor than 5 years Is there any possibility for my son to come here and file adjustment visa? Can he stay and work after adjustment visa?

No one can file for adjustment unless their priority date is current. You should be able to upgrade the earlier filed I-130 to reflect your current citizenship. That way, he keeps his priority date. Contact USCIS customer service.

I-130 for parents and sisters
I'm a US Citizen, and I want to file a I-130 on behalf of my mother, Do I need to file a separate petition for my 12 year old sister or should be included? They both live outside the USA.

As far as I know, it will have to be a separate petition.

TN Holder laid off
My husband was recently laid off after submitting an I-130. He is a Canadian citizen on a TN visa. He is still living in the US, all though his TN requires him to go back to Canada if he is not employed. The I-130 was approved, and now USCIS would like the I-485 change of status. This requires him to state his employment. Since he is not employed should we notify USCIS that he is moving back to Canada? Or should he apply for an EAD along with the I-485? What is the best approach?

Do not be alarmed. If you are a US citizen, there should be no issues.

I-130 has 3 years not yet approved
I submitted a I-130 for my wife (I am a greencard holder), and got my receipt of notice in October 30, 2006. No more information has been sent to me or her. Is that normal? No yet approved, what do I need to do? Just wait? Thank you so much.

This is not normal. Contact USCIS customer service. If that does not work, contact your congressman. See this page: http://www.immigration.com/issues-relating-delays-various-immigration-ma...

Birth certificate problems for parents
I applied I-130 for my father to get his GC through Consular processing. I'm a US citizen myself. However I got RFE asking for his birth certificate. I have these queries: The supplemental documents for I-130 for parents as per USCIS application only need US citizen's birth certificate and not the parent's birth certificate. So I don't understand why RFE was issued at this stage? My father was born in the time when the birth certificates were not available. As per the dept of state reciprocity website, it clearly states: "Exceptions: Birth certificates are not available to persons born prior to 1968. " Since it is acknowledged by reciprocity that birth certificates are not available, do I still need to provide NABC (Non-Availability of Birth Certificate)?

Watch the Video on this FAQ: Birth certificate problems for parents

Video Transcript

Effect of immigration proclamation/executive order on green cards
I have a question regarding the impact of the recent Executive Order on my parents' greencard application, which is currently underway. I’m a US citizen (India-born, recvd greencard via EB category) and have sponsored the greencard application for my parents, who live in India, via consular processing. I-130 is approved, and we filed DS-260 and Form I-864 on 4/22 before EO was announced. Does the EO impact their case, or given it’s already in-progress (past I-130 approval), will it continue unaffected?

Watch the Video on this FAQ: Effect of immigration proclamation/

Tourist/Visitors visa for people with special needs or challenges
I am planning to sponsor Visitor Visa for my sister,she was diagnosed with Down syndrome when she was 1 year and she is now 45 yrs old. Considering her condition, i would like to know what additional documentation is required for visitor Visa B1/B2 apart from I130, letters to consulate & bank statements.

Watch the Video on this  FAQ: Tourist/Visitors visa for people

Filing Change of Address
I would like to know whether I should update my residential address to USCIS or immigration department in order to keep them informed of my updated address?? Since I'm the beneficiary and my wife is GC holder, she has applied for my I-130 of family based Green card when I was in New York and now I've moved to South Carolina, are we suppose to inform immigration department? If Yes who should inform them, can I give a permanent Mailing address different from my residential address since I may be working on short-term contracts.

Watch the Video on this FAQ: Filing change of address

Video Transcript

I-130 Application For Mother and Father
I would like to apply for green card for my mother and father. am a US citizen, they will be coming to US in next month on tourist visa. How long will I have to wait (day/months) after they land in US, before I can file for their green card.? Also, if law changes for so called "chain migration", can that law be retroactive for applications in the que? Any comments on that would be appreciated.

Your parents must not have a preconceived intention to file for a green card. I have covered this issue in a bunch of our frequently asked questions. Please take a look. In the USA, ex post facto laws are considered to be unconstitutional.

J-1 Physician applying for following to join after waiver
I am a physician currently in H-1B undergoing 3 years of J-1 waiver program which is set to be completed on July end of this year. My husband got his greencard through E-B2 category (rest of the world) in early 2013 When I was still in J-1. My name was included in I-140 but could not file I-485 due to my J-1 visa. I have been married since 2006 and came to the US initially on H-4 visa before getting residency in J-1 visa. Is there a possibility of filing my I-485 directly without waiting for the long I-130 approval process? Or is there any exceptions for a situation like mine such that spouse happened to be in J1 and could not apply for a change of status at the time primary applicant applied for I-485?

Watch Video on this FAQ: J-1 Physician applying for following to join after waiver

Video Transcript:

Applying for green card while visiting the USA
I am contemplating marriage to a GC holder and I have a question regarding I-130 and AOS. My prospective spouse got GC in Jan 2015. I currently hold a valid visitors visa to USA and I have visited USA many times on this visa.Is it possible to get married, enter USA on the existing visitors visa and then immediately apply for I-130 and Adjustment of Status. What are the risks/implications with this approach. What is the best procedure in these circumstances?

See clip from Attorney Rajiv S.

I-130 Petition
I am a US Citizen residing in the UAE with my Wife and two children. My Wife is a Syrian passport holder. We petitioned her case for residency in the US under I-130. We have received the first notice from the NVC which was on the 24th of June. The letter stated that all documentation necessary to complete the National Visa Center processing of your case has been received, and as soon as an interview date has been scheduled then we will be notified. How long does it take to receive the second notification with an Interview Date that we are closing on week eight? Is there a way that you can expedite an Interview Date? If the answer is Yes, Could we officially request your service? Case Number: ABD2014671004 Beneficiary's Name: KINANA WARD Preference Category: IR1 Priority Date: 25-NOV-13

Hi Loay. Times are highly variable from a few weeks to a few months. Expedites are only granted for showing of some sort of urgent humanitarian situation in cases like yours. We would like to help, but I am not sure we can add much value at this stage. Contact us if there are any issues (other than timing). 

Withdrawal of Application for Admission at the Airport Under INA 212(a) (7)(A) (i)(I) & 235(b)(1)
Iam a Indian National Married to A US PR holder She has cleared her N400 Interview .I have been last year Denied Admission (deported) from Airport after me being initially on Student (F-1) Visa & then on H1B (61/2 years previously) with Citations : 212(a) (7)(A) (i)(I) & 235(b) (1) . The questions I have for you are : Q) Do I have any 3 yr, 5 Yr or 10 yr ban on my entrance to USA ? Q) Do I need any waiver like I-212 or anything else for my future entry to USA ? My I-130 had been approved and I believe I can upgrade my I-130 by my Spouse sending her Naturalization Certificate & her passport copy to NVC(Kentucky) Q) Do you think I might have difficulties while facing this changed IR-1 Category Visa Interview and any other problems at the Port of Entry ? Q) What timeframe does NVC take to notify the Consulate & Can it be Hyderabad,India ? & Overall how much time will it take for me to get the Visa or the Conditional Green Card

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://www.youtube.com/watch?v=xp4B1_qhvtM#t=1825