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Immigration Form I130, Petition for Alien Relative

January 12th, 2011 by Romona Paden

Frequently Asked Questions

1. Who should file Immigration Form I130?

A citizen or lawful permanent resident of the United States can file this form with the U.S. Citizenship and Immigration Services (USCIS) to establish the existence of a relationship with certain foreign relatives who wish to immigrate to the US.

2. As a U.S. citizen, for whom can I use this form?

You should file a separate Immigration Form I130 for each eligible relative. You can file this form for your relations like:

A. Husband or wife
B. Unmarried child under the age of 21 years
C. Unmarried daughter or son aged 21 years or above
D. Married daughter or son of any age
E. Brother(s) or sister(s) (to apply for them, your age must be 21 years or above)
F. Mother or father (for their application, your age must be 21 years or above)

3. As a lawful permanent resident of U.S., am I restricted to filing this form for only certain persons?

You can file this form for your:

A. Husband or wife
B. Unmarried child under the age of 21 years
C. Unmarried son or daughter aged 21 years or above

4. What documents should I send to show that I am a permanent resident?

You should file your petition with a copy of the front and back-side of your permanent resident card. If you have not received your card as yet, attach copies of your passport’s biographic page and also the page showing your admission as a legal permanent resident, or other proof of permanent resident status issued by USCIS.

5. What if my name has changed?

If you or the person for whom you are filing is using a name other than the one shown on the relevant documents, you must file your petition with copies of the legal documents that effected the change such as a marriage certificate, adoption decree or court order.

6. What if my supporting documents are not in English?

Such documents must be accompanied by a full English translation, which a translator has certified as complete and correct. You should also attach the translator’s certification that states that he or she is competent enough to translate the foreign language into English.

7. What if I do not have a document?

In such cases, you can submit a statement from the appropriate civil authority certifying that the document(s) are not available. You should also submit secondary evidence.

8. Where do I mail the immigration Form I130 to?

If you are the petitioner residing in the United States or Canada and filing only the Form I130, you have to file it at the USCIS Chicago Lockbox facility.

If the beneficiary is residing in the United States and filing Form I-485 with Form I130, you have to submit both forms with the fee in the same envelope to the USCIS Chicago Lockbox facility.

On the other hand, if you reside outside the United States and Canada, you have to file your Form I130 at the USCIS office overseas or at the U.S. Embassy or Consulate having jurisdiction over the place where you live.

9. How do I pay the fees for immigration Form I130?

You can pay through a check or money order and it should be drawn on a bank or other financial institution located in the U.S and must be payable in U.S. currency.

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