Navigating Post Form I-130 Approval

How long does it take Form I-130 to get approved?

 The processing time for Form I-130, Petition for Alien Relative, can vary widely based on several factors, including the petitioner’s relationship to the beneficiary, the USCIS service center handling the case, and the overall caseload at the time of filing. Here are some general guidelines for processing times:

• Immediate Relatives of U.S. Citizens: Immediate relatives, including spouses, unmarried children under 21, and parents of U.S. citizens, generally have a higher processing priority. In many cases, the processing time for these categories can be several months, with an average range of around 8 to 12 months. USCIS often prioritizes these cases due to their close family relationship.
• Family Preference Categories: For family preference categories (such as unmarried adult children of U.S. citizens or siblings of U.S. citizens), the processing time can be longer due to annual visa limits and the higher demand for these categories. Processing times for these categories can vary significantly and may range from 1 to 5 years or more.

It’s important to note that processing times can change over time due to shifts in USCIS priorities, changes in caseload, and shifts in government policies. USCIS provides estimated processing times on their official website, but these are general estimates and individual cases may vary.

To get the most accurate and up-to-date information on processing times for Form I-130, it’s recommended to visit the USCIS website and specifically the “Check Processing Times” page, where you can enter the specific USCIS service center and the type of application to get an idea of the current processing timeline. You can also subscribe to USCIS case status updates to receive notifications about your case’s progress.

Additionally, if you have concerns about delays or specific circumstances affecting your case, you may consider consulting with an immigration attorney for guidance.

Form I-130 is approved. What to do next?

 After your Form I-130 is approved by the U.S. Citizenship and Immigration Services (USCIS), the next steps will depend on the specific circumstances of your case and whether the beneficiary is in the United States or abroad. Here’s a general outline of what to do next:

If the Beneficiary Is in the U.S. (Adjustment of Status):

• Receive Approval Notice: USCIS will send you a notice of approval for Form I-130.
• Prepare Form I-485 (Application to Register Permanent Residence or Adjust Status): If the beneficiary is eligible to adjust their status in the U.S., they need to file Form I-485 to apply for a green card. This form is used to demonstrate eligibility for permanent residence.
• Collect Supporting Documents: Gather all required supporting documents for Form I-485, including birth certificates, marriage certificates, financial documents, medical examination results, etc.
• File Form I-485: Complete and file Form I-485 with the required supporting documents and filing fee.
• Attend Biometrics Appointment: USCIS will schedule a biometrics appointment for the beneficiary to provide fingerprints, photographs, and a signature for background checks.
• File Additional Forms (if applicable): Depending on your situation, you might need to file Form I-765 (Application for Employment Authorization) and/or Form I-131 (Application for Travel Document).
• Attend Green Card Interview: USCIS will schedule an interview to assess the authenticity of the marriage and the beneficiary’s eligibility for a green card. Both spouses generally attend the interview.
• Receive Decision: USCIS will make a decision based on the evidence provided and the interview. If approved, the beneficiary will receive a conditional or permanent green card.

If the Beneficiary Is Abroad (Consular Processing):

• Receive Approval Notice: USCIS will send you a notice of approval for Form I-130.
• Case Transferred to National Visa Center (NVC): After I-130 approval, the case is usually transferred to the NVC, which will contact you with further instructions and request required documents and fees.
• Pay Affidavit of Support and Visa Application Fees: You’ll need to pay the affidavit of support fee and the visa application fee to the NVC.
• Submit Required Documents: The NVC will provide a list of required documents, which might include financial documents, civil documents, and other supporting materials.
• Attend Visa Interview: The beneficiary will be scheduled for a visa interview at the U.S. embassy or consulate in their home country. They will need to provide additional documentation and attend the interview.
• Receive Visa: If the visa is approved, the beneficiary will receive an immigrant visa in their passport.
• Enter the U.S.: The beneficiary can enter the U.S. with the immigrant visa, and the green card will be mailed to them after their arrival.

These are general steps, and the specific requirements might vary based on your circumstances and current USCIS guidelines. It’s crucial to follow USCIS instructions, provide accurate information, and submit all required documents and fees on time. If you’re uncertain about any aspect of the process, consulting with an experienced immigration attorney can help you navigate it effectively.

How long does it take to complete the immigration process after Form I-130 is approved?

The timeline for completing the immigration process after Form I-130, Petition for Alien Relative, is approved can vary widely based on several factors, including the beneficiary’s relationship to the petitioner, the USCIS service center processing the case, the beneficiary’s location (in the U.S. or abroad), and overall USCIS caseload. Here are some general estimates for completing the process:

If the Beneficiary Is in the U.S. (Adjustment of Status):

• For immediate relatives (spouses, unmarried children under 21, and parents) of U.S. citizens: The entire process, from Form I-130 approval to green card issuance, might take around 10 to 14 months on average, but it can vary.
• For family preference categories (other relatives of U.S. citizens and certain relatives of green card holders): The process can take longer, often ranging from 1 to 5 years or more, depending on the category and demand.

If the Beneficiary Is Abroad (Consular Processing):

• For immediate relatives of U.S. citizens: Consular processing can take around 12 to 18 months on average, but it can vary based on the specific embassy or consulate’s workload.
• For family preference categories: Consular processing for family preference categories can take longer, often ranging from 1 to 5 years or more, depending on the category and demand.

It’s important to note that these estimates are approximate and can change due to various factors, including shifts in USCIS priorities, changes in government policies, and fluctuations in caseloads. Additionally, unforeseen circumstances, such as administrative processing or background checks, can cause delays.

To get the most accurate and up-to-date information on processing times for your specific situation, you can visit the USCIS website and specifically the “Check Processing Times” page, where you can enter the specific USCIS service center and the type of application to get an idea of the current processing timeline. You can also subscribe to USCIS case status updates to receive notifications about your case’s progress.

Consulting with an immigration attorney can help you understand the complexities of the process and address any specific concerns you may have about the timeline.