Form I-130, "Petition for Alien Relative," is an immigration form used when a person is seeking immigration to the U.S. The form helps to establish a relationship between the immigrant candidate and a U.S. citizen or lawful permanent resident. They are mainly used in instances where immigration is occurring through a Spouse Visa or Family-Based Visa category. In such applications, the immigrant must be sponsored by a citizen or LPR, and the Form I-130 helps to identify how they are related to the person.

In the I-130 form, information must be filled out regarding both the person seeking immigration (the beneficiary), and the party petitioning them (the petitioner). It’s important that the form be filled out as accurately as possible and in a truthful manner. This can help the application process run more smoothly and will prevent unnecessary delays.

Are There Any Filing Fees for Form I-130?

Yes, filing fees for Form I-130 are $420. Also, successfully filing a Form I-130 is only part of the application process. The immigration candidate must also wait until an open visa number becomes available to them before they are granted their visa or adjustment of status. Visa availability often depends on many factors, including visa quotas (which may vary according to the category and country of origin), as well as immigration numbers from the previous years.

What If a Form I-130 Is Rejected?

In some instances, a rejected Form I-130 may be subject to appeal and further review by the immigration board. The appeal is generally filed through Form EOIR-29 or other similar appeal documents. These can take additional time and may extend or prolong the overall immigration application process.

On the other hand, if the Form I-130 is rejected for reasons such as immigration fraud or misrepresentation, it can lead to legal penalties for the applicant and/or the petitioner if they are involved. The case will likely be denied an appeal, and criminal penalties may even result. Thus, it’s important to follow instructions and to be forthcoming when filling out a Form I-130 (or any immigration form for that matter).

Do I Need a Lawyer for Help with a Form I-130?

Form I-130, Petition for Alien Relative, is an important document for immigration and naturalization processes. You may wish to hire an immigration lawyer in your area if you or a loved one of yours needs help filling out and submitting a Form I-130. Your attorney can guide you through the process from beginning to end. Also, if you need to attend a hearing before an immigration board, or if you need to appeal an application, your attorney can represent you during those meetings as well.