I-130 FORM – PETITION FOR ALIEN RELATIVE

The I-130 Petition for Alien Relative is used by an individual who is a U.S. Citizen or Lawful Permanent Resident seeking to prove familial relationship with eligible candidate to immigrate to the United States. The I-130 Petition for Alien Relative is the first step in an eligible relative’s immigration process. A relative must then apply to become a Lawful Permanent Resident.

At Tsang & Associates, we have a long history of helping thousands of clients successfully file for the I-130 Petition for Alien Relative and will help our clients complete that process from beginning to end.

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LEGAL FEE

服务费用:$1500

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CASE PROCESSING OVERVIEW

Step 1: Strategy Session for the I-130 Petition for Alien Relative

This is the most crucial step for your entire I-130 Petition for Alien Relative. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.

文件清单

我们会准备律师说明信以及所有表格和证明文件,除此还包括:

—检验证明资格;

—翻译及公证。

相关信息

为力求给您提供最有效最准确的咨询,我们强烈推荐您提供以下资料文件(越多越好),以确保我们的交流达到最大成果。

1. 受益人的出生证明

2. 户籍誊本/户口簿

3. 所得税申报表(如适用)

4. 结婚证(如适用)

5. 护照

6. 申请人身份证明

7. 申请人与受益人的关系证明 (合照,共同财务报表,共同租赁文件)

I-751去除条件式身份绿卡申请所需文件清单:

1. 证明你的婚姻不是为了逃避美国移民法,例如:

(1). 租赁协议显示你与配偶居住在一起

(2). 水电单,银行贷款等显示您和配偶拥有共同财产

(3). 夫妻联合账户

(4). 小孩的出生证明

2. 绿卡

3. 配偶死亡证明(配偶死亡情形)

4. 离婚判决书(婚姻终止倾向)

5. 受虐证明,如警察记录、医疗诊断记录、家人及朋友的书面证词等(受虐情形)

6. 提供极大困境证明,如医疗记录、疾病证明、原居住国经济政治状况说明等(极大困境情形)

Step 4: Respond to USCIS Requests / Administrative Processing / Status Checks / Fraud Alerts

条件

申请人必须是美国公民或合法永久居民;

受益人必须符合申请资格。

以下美国公民的亲属符合申请资格:

1. 配偶

2. 21岁以下的未婚子女

3. 21岁以上的未婚子女

4. 已婚子女

5. 兄弟姐妹

6. 父母

以下合法永久居民的亲属符合申请资格:

1. 配偶

2. 21岁以下的未婚子女

3. 21岁以上的未婚子女

限制

以下类别的亲属不符合申请资格:

1. 养父母与养子女,如果收养关系在小孩16岁之后才建立,或者在提交申请前养父母与养子女居住未满两年;

2. 亲生父母,如果申请人通过被收养移民美国获得永久居民身份;

3. 继父母与继子女,如果继父母在小孩18岁之后才结婚;

4. 丈夫或妻子,如果申请人和受益人两人没有亲自出席婚礼,且没有圆房;

5. 丈夫或妻子,如果申请人凭借之前与美国公民或永久居民的婚姻获得身份,除非:

  A)申请人成为合法永久居民满5年;

  B)申请人证明通过上段婚姻获得移民身份不是为了逃避移民法的任何规定;

  C)获得移民身份的上段婚姻因为前配偶的死亡而终止;

6. 祖父母,孙子女,侄甥,叔姨,表亲。

I-751去除条件式身份绿卡申请要求:

1. 与为其申请绿卡的美国配偶一起递交联合申请;

2. 如果申请人小孩的条件式居留身份是在申请人得到相同身份的同一天或在之后的90天内得到,小孩即可与条件式居留身份的父(母)一起申请去除条件式。

3. 满足以下条件之一可以豁免联合申请,而进行单独申请:

(1). 你现在是鰥夫/寡妇,但是你们的婚姻是真诚的;

(2). 你们的婚姻原来是真诚的,但是由於离婚或婚姻无效判决而结束;

(3). 你们的婚姻原来是真诚的,但是申请人或者小孩被美国公民或永久居民配偶虐待或者遭受极大困境;

(4). 申请人为小孩,因正当理由不能与条件式居留身份的父(母)一起申请去除条件式;

(5). 终止条件式居民身份会导致极大困境。

Step 5: Approval is Only the Beginning

You will receive a petition approval notice. Our team will help you prepare for the next steps.

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ADDITIONAL RESOURCES

Checklist of Required Evidence

  • Evidence of U.S. citizenship, lawful permanent residence, or U.S. national status:
    • A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States; 
    • A copy of your naturalization or citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS); 
    • A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate; 
    •  A copy of your unexpired U.S. passport; 
    • An original statement from a U.S. consular officer verifying you are a U.S. citizen with a valid passport; or
    • A copy of the front and back of your Permanent Resident Card (also known as a Green Card or a Form I-551).
  • Evidence of family relationship with one of the following:
    • Spouse: A copy of your marriage certificate
      • Evidence you or your spouse terminated any prior marriages (if applicable)
    • Child: A copy of your child’s birth certificate(s).
    • Parent: A copy of your birth certificate.
    • Brother/Sister: A copy of the birth certificate for you and your sibling.
  • Evidence of the bona fides of the marriage, if petitioning for a spouse:
    • Documentation showing joint ownership of property;
    • A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
    • Documentation showing that you and your spouse have combined your financial resources;
    • Birth certificates of children born to you and your spouse together;
    • Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired their knowledge of your marriage; and
    •  Any other relevant documentation to establish that there is an ongoing marital union.
  • Proof of legal name change (if applicable); and 
  • Two passport-style photographs (if applicable).

Filing Fee

The updated filing fee for Form I-130 can be found using here. The filing fee for this petition cannot be waived.

NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition. DO NOT MAIL CASH. You must submit all fees in the exact amounts.

Who may I file form I-130 for?

If you are a U.S. citizen, you must file a separate Form I-130 Petition for Alien Relative for each eligible relative. You may file Form I-130 for:

  • Your spouse;
  • Your unmarried children under 21 years of age;
  • Your unmarried sons or daughters 21 years of age or older;
  • Your married sons or daughters of any age;
  • Your brothers or sisters (you must be 21 years of age or older); and
  • Your mother or father (you must be 21 years of age or older).

If you are a lawful permanent resident of the United States, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for:

  • Your spouse;
  • Your unmarried child under 21 years of age; and
  • Your unmarried son or daughter 21 years of age or older.
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SAMPLE & TEMPLATES

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Attorney Brief:  [coming soon] We will provide an attorney brief sample for the I-130 petition.

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Cover Letter: [coming soon] We will also provide a cover letter sample for the I-130 petition.

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Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.

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Forms: Here is a list of the forms that are needed by USCIS

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Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.

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USCIS Fee Calculator: This is to help calculate how much the filing fee will be.

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USCIS Mailing Address: This address is where it is mailed to USCIS.

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USCIS Processing Timetable: This will help you figure out how long it will take to process.

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ASC Field Offices: Listed are the addresses of the field offices for the bio-metrics.

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FREQUENTLY ASKED QUESTIONS

Does approval of this petition mean that my family member is automatically a lawful permanent resident or they can immediately immigrate to the United States?

No. An approved petition for alien relative does not give the beneficiary automatic lawful permanent resident status or permission to immediately immigrate to the United States.

When will a visa become available?

When a petition is approved for the spouse, unmarried children under 21 years of age, or parents of a U.S. citizen, these persons are classified as immediate relatives, which means visas are immediately available to them.

When a petition is approved for a U.S. citizen’s sibling or married or adult son or daughter, or for a lawful permanent resident’s spouse, child, or unmarried son or daughter, it is assigned to the appropriate visa preference category. Each year, a limited number of immigrant visas are available for each preference category. The visas are processed in the order in which the petitions are properly filed and accepted by us. To be considered properly filed, a petition must be fully completed and signed, and the filing fee must be paid.

For a monthly report on the dates when immigrant visas are available, call the U.S. Department of State at 1-202-663-1541, or visit their website at www.travel.state.gov.

What if a name has changed?

If either you or the person you are filing for is using a name that is not the same name shown on the relevant documents, you must file your petition with copies of the legal documents reflecting the name change, such as a marriage certificate, adoption decree, or court order.

What if an official document is not available?

In this situation, submit a statement from the appropriate civil authority certifying that the document or documents are not available. You must also submit secondary evidence, which may include one or more of the following records listed below.

A. Religious record: A copy of a document bearing the seal of the religious organization showing that the baptism, dedication, or comparable rite occurred within two months after birth, and showing the date and place of the child’s birth, date of the religious ceremony, and the names of the child’s parents.

B. School record: A letter from the authority (preferably the first school attended) showing the date of admission to the school, the child’s date of birth or age at that time, place of birth, and names of the parents.

C. Census record: State or Federal census records showing the names, place of birth, date of birth, or the age of the person listed.

D. If records like those described above are not available, then you may submit two or more written statements from individuals who were living at the time and who have personal knowledge of the event you are trying to prove, such as the date and place of birth, marriage, or death. The individuals making the written statements do not have to be U.S. citizens. Each written statement must contain the following information regarding the individual making the written statement: his or her full name, address, date and place of birth, full information concerning the event, and complete details explaining how the individual acquired personal knowledge of the event.

Finally, each individual’s written statement must include the following declaration, “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on 2024, [signature].”

E. For parent-child relationships only: If other forms of evidence have proven inconclusive, the petitioner
may submit on a voluntary basis other evidence of a birth parent and birth child relationship to include deoxyribonucleic acid (DNA) testing. DNA test results will only be accepted by USCIS from parentage-testing laboratories accredited by the American Association of Blood Banks (AABB). A list of laboratories can be viewed at www.aabb.org/sa/facilities/Pages/RTestAccrFac.aspx.

When a petition is approved for a U.S. citizen’s sibling or married or adult son or daughter, or for a lawful permanent resident’s spouse, child, or unmarried son or daughter, it is assigned to the appropriate visa preference category. Each year, a limited number of immigrant visas are available for each preference category. The visas are processed in the order in which the petitions are properly filed and accepted by us. To be considered properly filed, a petition must be fully completed and signed, and the filing fee must be paid.

For a monthly report on the dates when immigrant visas are available, call the U.S. Department of State at 1-202-663-1541, or visit their website at www.travel.state.gov.

What if I'm filing for a spouse married less than 2 years?

If you have been married less than two years on the date your spouse has obtained permanent resident status, USCIS will grant your spouse conditional permanent resident status for two years under INA section 216. USCIS then requires both you and your spouse to file Form I-751, Petition to Remove Conditions on Residence, during the 90-day period immediately before your spouse’s conditional permanent resident status expires.

Conditional permanent residents have the same rights, privileges, responsibilities, and duties as all other lawful permanent residents. A conditional permanent resident is not limited in his or her right to apply for naturalization, file petitions on behalf of qualifying relatives, or reside permanently in the United States as an immigrant in accordance with U.S. immigration laws.

NOTE: If your spouse fails to timely file Form I-751 to remove the conditional basis of his or her spouse’s permanent resident status, USCIS will terminate his or her permanent resident status and begin removal proceedings.

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SCHEDULE A SESSION

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