If you’re looking to bring a family member to live in the U.S., the I-130 petition is the first important step in the immigration process. However, understanding who qualifies and how to file correctly is crucial. Having a knowledgeable immigration attorney by your side will ensure your paperwork is complete, accurate, and fully supported with the right documentation. Continue reading to learn more about how to file a I-130 petition in Dallas.
Understanding I-130 Petitions and Family-Based Immigration
The United States Citizenship and Immigration Services (USCIS) is the federal agency responsible for reviewing and processing all immigration petitions. U.S. immigration law allows U.S. citizens and lawful permanent residents (green card holders) to sponsor certain family members for lawful permanent residence through a process known as family-based immigration. The first step in this process is filing the Form I-130, Petition for Alien Relative, which establishes the qualifying family relationship between the petitioner and the relative. Approval of the I-130 is a critical step in reuniting families and initiating the permanent residency process.
I-130 Petitions- Who Can File and Who Can Be Sponsored
Before filing an I-130 petition, the first step is determining whether your relative qualifies for sponsorship, as only certain family relationships are eligible under U.S. immigration law. Eligibility falls within two categories: Immediate Relatives of U.S. Citizens and Family Preference Categories for other relatives of U.S. citizens or lawful permanent residents.
Immediate Relatives of U.S. Citizens
This category includes the closest family relationships and is not subject to annual visa limits. Eligible relatives in this category include:
- Spouses of U.S. citizens
- Unmarried children under the age of 21
- Parents of U.S. citizens (if the petitioner is at least 21 years old)
Family Preference Categories
These categories are subject to annual visa caps and apply to more extended family relationships. They are prioritized in the following order:
- F1: Unmarried sons and daughters (age 21 and older) of U.S. citizens
- F2:
- F2A: Spouses and minor children of lawful permanent residents
- F2B: Unmarried adult children (age 21 and older) of lawful permanent residents
- F3: Married sons and daughters of U.S. citizens, including their spouses and minor children
- F4: Brothers and sisters of U.S. citizens, along with their spouses and minor children
Understanding these categories is essential before beginning the I-130 process, as your eligibility, in addition to the wait time for a visa, depends heavily on your relationship to the sponsoring family member and the category under which you qualify.
How to File an I-130 Petition in Dallas
You can file the Form I-130 Petition either by mailing a paper application to USCIS or submitting it online through the USCIS website. It is crucial to include all required supporting documentation, including: marriage certificate (for spousal petitions), birth certificates (for parent or child petitions), proof of a bona fide relationship, etc. An experienced immigration attorney can be a huge help during this process, ensuring your petition is complete, all evidence is properly organized, and that common errors or omissions are avoided.
Once USCIS approves your petition, your case is transferred to the National Visa Center for further processing. You’ll receive a notification by mail or email with instructions to log in to the Consular Electronic Application Center online portal where you can track case updates, receive messages, and submit further documents if required. In most cases, if USCIS finds that the family relationship is legitimate and qualifies under immigration law, the I-130 petition will be approved. After that, your relative may apply for a green card through the appropriate immigration process.
Contact Aspire Immigration to Start Your Relative’s Immigration Journey
At Aspire Immigration, we’re committed to providing experienced, personalized immigration legal services tailored to your unique needs. Whether you’re just beginning the I-130 petition process or facing complex immigration challenges, we’re here to guide you every step of the way. Don’t navigate this legal process alone! Contact our Dallas immigration law firm today to today to schedule a consultation and let us help you move forward with clarity and confidence.
