Immigration: Scope of the I-130 Petition for Alien Relative ... 2018 prespective
The I-130 Petition, a vital component of the family immigration process, is one of the most confusing documents existing in US immigration. This Legal Guide provides a short analysis of the scope of the I-130 Petition and an examination of several areas of the Petition that can lead to confusion.
I-130 PetitionThe I-130 Petition is a document filed by a petitioner who wishes to have a qualifying relative become an immigrant to the United States. The approval of the I-130 petition does not grant legal immigrant status to the beneficiary relative. Therefore, the I-130 Petition can result in confusion for both the petitioner and the beneficiary.
NOTE: The approval does enable the relative to qualify for an application to apply to become an immigrant to the United States, but the actual ability of the beneficiary to file for permanent residency with through adjustment of status or Consular processing is determined by the qualifying relationship and resulting priority date assigned based on this relationship.
Filing Process and Initial ReceiptIt is advisable to always check the USCIS website for the current version of the I-130 Petition and the current version of the I-130 Instructions document. The USCIS website provides free access to the correct version of the I-130 form and updates the accompanying Instructions document when petition requirements change. Attention to be given to the filing fee, mailing address for filing, and list of required supporting evidence.
When an I-130 Petition is filed with USCIS the petitioner will receive a document by mail titled Receipt Notice I-797C, Notice of Action. The I-797C Receipt Notice will have important information that needs to be immediately reviewed for accuracy. The Receipt Notice will contain the receipt number, received date, priority date, preference classification, and mailing address for the petitioner. It will also have the beneficiary's alien number, date of birth, county of birth and class if applicable. Any errors need to be reported to USCIS National Visa Service center using the contact information provided in the Notice of Action.
NOTE: This initial Form I-797C Notice of Action document is a receipt. It does not indicate that USCIS has approved either the existence of the relationship, approval of the I-130 petition, or granting of permanent residency to the beneficiary.
Post-ApprovalIf the I-130 is approved by USCIS, the Petitioner will receive a I-797, Notice of Action that will sate within the "Notice Type" box "Approval Notice" and the relationship between the petitioner and beneficiary USCIS that has been approved. The approved relationship is important to review because the time one must wait before the beneficiary can file an I-485 Application to become a permanent resident is different for the different relationships.
Priority DateIf the I-130 is approved by USCIS, the Petitioner will receive a I-797, Notice of Action that will sate within the "Notice Type" box "Approval Notice" and the relationship between the petitioner and beneficiary USCIS that has been approved. The approved relationship is important to review because the time one must wait before the beneficiary can file an I-485 Application to become a permanent resident is different for the different relationships
NOTE: The Monthly Visa Bulletin Provides Priority Cut-Off Dates is provided online by the Department of State (DOS). The DOS publishes a monthly document called the "Visa Bulletin." This monthly bulletin lists priority dates for availability for immigrant visas based on the category of family sponsorship as well as per the county limits for China (mainland born), India, Mexico, and the Philippines.
ConclusionThe I-130 Petition is necessary to establish the family relation between the petitioner and the beneficiary. It is important to be accurate with all information provided in the document. The filing and approval does not grant immigration status to the beneficiary, but it does provide a basis for the beneficiary to apply for an immigrant visa when the priority date becomes current. Issues of deportability and inadmissibility need to be accessed prior to deciding to file initial I-130 petition. It is advisable to contact an experienced immigration attorney who can examine the facts and provide a legal option on the options available.