Form I-130 Processing Time: Current Estimates and Expectations

Form I-130, Petition for Alien Relative, is a document submitted to the United States Citizenship and Immigration Services (USCIS) by U.S. citizens or lawful permanent residents who wish to establish a relationship with an eligible relative who intends to immigrate to the United States.

Purpose of Form I-130

The primary purpose of Form I-130 is to demonstrate a valid family relationship between the petitioner and the beneficiary (the family member who intends to immigrate). Filing this form is the first crucial step in the family-based immigration process, as it allows the petitioner to reserve an immigrant visa number for the beneficiary. It must be duly filled and properly filed before the beneficiary can apply for a Green Card, the lawful permanent residence status in the United States.

Eligibility Criteria

Eligibility to File Form I-130: An individual must be a U.S. citizen or a lawful permanent resident (Green Card holder) to file a Form I-130. Additionally, they must prove the family relationship with the beneficiary falls under the categories allowed by immigration law.

Beneficiary Eligibility: The beneficiaries eligible to be sponsored include:

• Immediate Relatives of U.S. citizens, encompassing spouses, unmarried children under the age of 21, and parents (if the petitioner is over 21).
• Family Preference Relatives, which covers unmarried sons and daughters of U.S. citizens and their minor children, spouses, minor children, and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and their spouses and minor children, and siblings of U.S. citizens, along with their spouses and minor children (provided the U.S. citizen sponsor is over the age of 21).

Filing Form I-130 correctly is a critical step in uniting family members with their relatives in the U.S. and establishing their eligibility for permanent residency.

Various factors influence processing times for Form I-130 and Petition for Alien Relative, differing across different USCIS service centers.

Factors Affecting Processing Times

Several elements contribute to the processing duration for Form I-130 petitions. These include:

• The immigration status of the petitioner (U.S. citizen or green card holder).
• The relationship between the petitioner and the beneficiary (immediate relative or preference category).
• The service center where the petition is filed.
• Case complexity, such as the need for additional evidence.
• Backlog at the service center due to high volume or other systemic issues.

Average Processing Times by Service Center

As of 2023, data suggests wide-ranging processing times based on the specific USCIS service center. The table below illustrates average processing times:

It should be noted that these intervals are averages, and actual processing times can fall outside of these ranges. Petitioners are advised to check the USCIS website for the most current and exact processing times.

The Form I-130 processing involves several stages, each critical to the immigration application for a family member. These phases ensure the proper verification and approval of a Petition for Alien Relative.

Receipt of Application

After filing Form I-130, USCIS acknowledges receipt of the application typically within 2 to 4 weeks. Applicants receive a notice confirming that USCIS has received their paperwork and will process it accordingly.

Initial Review

During the initial review, USCIS examines Form I-130 to ensure it is complete and accompanied by all the required supporting documentation. This phase is crucial as missing information can lead to delays or a denial.

Adjudication Process

In the adjudication process, an immigration officer assesses all details provided, evaluating the veracity of the relationship and eligibility for immigration benefits. This step may include extensive background checks and can vary in duration, often taking several months.

Post-Decision Activity

Once the Form I-130 is adjudicated, the applicant will be notified of the decision. If approved, the case moves forward to the National Visa Center for further processing, an immigrant visa coordination, or status adjustment if the beneficiary is already in the U.S.

When filing Form I-130, Petition for Alien Relative, applicants can stay informed about their case progress through two primary means: the USCIS’s Online Case Status Tool and by contacting the USCIS Contact Center.

Online Case Status Tool

The Online Case Status Tool is available on the USCIS website and allows petitioners to check the status of their Form I-130 application. This can be done by entering their receipt number, a unique identifier assigned to each application. The system provides real-time updates on the case status. Users can access this tool from various devices, including computers and smartphones.

USCIS Contact Center

Alternatively, applicants can contact the USCIS Contact Center for direct assistance. Here, they can speak with a representative to inquire about the current status of their Form I-130. To do this, they will require their receipt number and should be prepared to verify their identity for security purposes. The Contact Center can also assist with requests to change the processing of the form, such as adjusting the status or consular processing.

Processing Form I-130, essential for family-based green card applications, can face delays for various reasons. To minimize these delays, applicants can take specific steps to ensure a smoother process.

Common Reasons for Delays

• Incomplete Applications: Failing to provide all required information or supporting documents leads to a delay as USCIS requests the missing items.
• Incorrect Information: Discrepancies or errors in the application can cause delays due to additional verification or clarification needed by USCIS.
• Volume of Applications: High application volume can cause bottlenecks in the processing timeline, especially during peak immigration periods.
• Background Checks: Issues or delays in background checks can increase processing time if security clearance is delayed.

Tips to Ensure Timely Processing

• Complete and Accurate Application: Double-check all details and ensure the application is completed completely and accurately before submission.
• Required Documentation: Include all required supporting documents as specified by USCIS instructions, ensuring they are clear and legible.
• Follow USCIS Updates: Keep abreast of any changes in application procedures and adapt submissions accordingly, as USCIS frequently updates its processes.
• Respond Promptly: If USCIS requests further information or documentation, respond quickly to avoid delays.

When obtaining a green card through Form I-130 (Petition for Alien Relative), it’s crucial to understand priority dates and the Visa Bulletin. The priority date is when the U.S. Citizenship and Immigration Services (USCIS) receives the Form I-130. This date essentially marks a person’s place in line for a visa.

The Department of State (DOS) manages visa allocation and publishes the Visa Bulletin monthly. The bulletin explains which priority dates are being processed, divided into categories, and by the applicant’s country of origin.

How to Check Your Priority Date:

The date can be found on:

• Form I-797, Notice of Action, for the petition filed.

Visa Bulletin Categories:

• Family-Based Preferences (F): Listed by F1, F2A, F2B, F3, F4
• Employment-Based Preferences (EB): Listed by EB-1, EB-2, etc.

When a priority date becomes ‘current,’ the individual can apply for an immigrant visa or adjust status. The priority date is considered current before the date listed in the Visa Bulletin for the relevant category and country.

Tracking Your Status:

Applicants should regularly review the Visa Bulletin to determine whether their priority date is current. Here is a simple structure to follow:

1. Identify your visa category.
2. Check the Visa Bulletin for the latest table of dates.
3. Look for your country of changeability and the corresponding date.

However, it’s important to note that the applicant loses their priority date if the USCIS denies the immigrant petition. Similarly, visa availability can fluctuate, so staying informed through the Visa Bulletin is essential.