Form I-130 Processing Time
The processing time for Form I-130, “Petition for Alien Relative,” can vary widely depending on several factors, including the relationship between the petitioner and the intending immigrant, the USCIS (U.S. Citizenship and Immigration Services) service center processing the application, and the overall workload of USCIS at the time. If you are interested in working with our handyman Naperville IL residents trust, give us a call to schedule a free consultation.
The processing times for Form I-130 varied depending on the category of the petition and the USCIS service center. USCIS provides estimated processing times for various types of applications on their website, but these times are subject to change.
Here are some general processing time considerations for Form I-130:
- Immediate Relatives of U.S. Citizens: Petitions for immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of U.S. citizens) generally have a higher processing priority. As a result, these petitions tend to have shorter processing times compared to family preference categories.
- Family Preference Categories: Petitions for family preference categories (such as siblings or married children of U.S. citizens) may have longer processing times due to the limited number of available visas in these categories and the higher demand.
- USCIS Service Center: The specific USCIS service center handling the petition can affect processing times. Some service centers might have shorter processing times than others.
- Volume of Applications: USCIS processing times can be influenced by the overall volume of applications being received.
- Completeness and Accuracy of Application: Ensuring that the petition is complete, accurate, and includes all required documentation can help avoid delays due to requests for additional information.
- Changes in Policies or Regulations: Changes in immigration policies or regulations can impact processing times.
As a rough estimate, as of my last update:
- Immediate relatives of U.S. citizens: Several months to a year or less.
- Family preference categories: Around a year or more.
These estimates can vary, and actual processing times may differ based on the factors mentioned above. To get the most accurate and up-to-date processing time estimates for your specific situation, I recommend checking the USCIS website or contacting USCIS directly. Regularly checking for updates is advisable, as processing times can change over time.
What Happens After I-130 is Approved?
After Form I-130, “Petition for Alien Relative,” is approved by U.S. Citizenship and Immigration Services (USCIS), the next steps in the immigration process depend on whether the intending immigrant is in the United States or abroad. Here’s what typically happens after the I-130 is approved:
For Applicants in the United States (Adjustment of Status):
- File Form I-485: Once the Form I-130 is approved, and if you are eligible, you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) to apply for a green card while remaining in the U.S. This is known as the adjustment of status process.
- Biometrics Appointment: USCIS will schedule a biometrics appointment for you to provide fingerprints, photograph, and signature.
- Work and Travel Authorization: Along with Form I-485, you can file Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) to request work and travel authorization while your green card application is pending.
- Green Card Interview: Depending on USCIS policies and the complexity of your case, you may be required to attend an in-person green card interview.
- Background Checks and Processing: USCIS will conduct background checks and process your adjustment of status application.
- Decision: USCIS will make a decision on your adjustment of status application. If approved, you will receive your green card by mail.
For Applicants Abroad (Consular Processing):
- Transfer to National Visa Center (NVC): After I-130 approval, your case will be transferred to the National Visa Center (NVC), which will provide instructions for further steps.
- Form DS-260: You’ll need to complete Form DS-260 (Immigrant Visa and Alien Registration Application) online. This form collects your personal information and background details.
- Supporting Documentation: Gather and submit the required supporting documents, such as birth certificates, marriage certificates, and police certificates.
- Medical Examination: Undergo a medical examination performed by a panel physician approved by the U.S. embassy or consulate.
- Visa Interview: The U.S. embassy or consulate will schedule a visa interview for you. During the interview, you’ll be asked questions about your background and intentions in the U.S.
- Immigrant Visa Approval: If your visa application is approved, you’ll receive an immigrant visa in your passport.
- Travel and Port of Entry: Travel to the U.S. and present yourself at a port of entry for admission as a lawful permanent resident.
- Green Card Arrival: After your arrival in the U.S., the actual green card (permanent resident card) will be mailed to your U.S. address.
The specific steps and requirements can vary based on your individual circumstances and the U.S. embassy or consulate where you apply. It’s important to consult the official website of the U.S. embassy or consulate in your home country for detailed instructions and the most up-to-date information on consular processing or adjustment of status after I-130 approval.
After I-130 is Approved, How Long Does it Take?
After Form I-130, “Petition for Alien Relative,” is approved by U.S. Citizenship and Immigration Services (USCIS), the processing time for the next steps in the immigration process can vary based on several factors. The timeline depends on whether the intending immigrant is in the United States (adjustment of status) or abroad (consular processing), as well as the specific USCIS service center, the complexity of the case, and any potential delays. Here are some general estimates:
For Applicants in the United States (Adjustment of Status):
- Form I-485 Processing Time: The processing time for Form I-485 (Application to Register Permanent Residence or Adjust Status) can vary from several months to a year or more, depending on USCIS workload and case complexity.
- Biometrics Appointment: The biometrics appointment is usually scheduled within a few weeks after filing Form I-485.
- Work and Travel Authorization: It may take a few months to receive work and travel authorization after filing Forms I-765 and I-131.
- Green Card Interview: If required, the interview can add several more months to the processing time.
- Background Checks and Processing: Background checks, security clearances, and administrative processing can also impact the overall timeline.
- Total Timeline: In total, the adjustment of status process after I-130 approval can take anywhere from around 8 months to 2 years or more.
For Applicants Abroad (Consular Processing):
- Transfer to National Visa Center (NVC): After I-130 approval, the transfer to the National Visa Center (NVC) might take a few weeks to several months.
- Form DS-260 Processing Time: Completing Form DS-260 (Immigrant Visa and Alien Registration Application) and gathering supporting documents can take several weeks to a few months.
- Visa Interview and Approval: After submitting Form DS-260, the visa interview and approval process at the U.S. embassy or consulate can take several months.
- Travel and Port of Entry: After visa approval, travel to the U.S. and admission as a lawful permanent resident can occur within a few weeks to a couple of months.
- Green Card Arrival: After arriving in the U.S., receiving the physical green card by mail may take several weeks.
It’s important to note that these are rough estimates based on the information available and processing times can change due to various factors, including policy changes, USCIS workload, and global events. To get the most accurate and up-to-date processing time estimates for your specific situation, I recommend checking the USCIS website or contacting USCIS directly. Regularly checking for updates is advisable, as processing times can fluctuate over time.