Reuniting with your adult children who are living abroad can be a complex process if you are a green card holder in the U.S. This Form I-130 for adult children guide simplifies the steps needed to prepare and submit Form I-130, the initial visa petition, to help bring your adult son or daughter to the United States as a lawful permanent resident.
Who Can Petition?
To understand who can petition using Form I-130, it’s important to recognize the eligibility criteria based on the petitioner’s immigration status and the relationship to the beneficiary. Here’s a summary of who can file:
Who Can File Form I-130
1. U.S. Citizens
U.S. citizens can file Form I-130 for the following relatives:
- Spouse: For married couples.
- Children:
- Unmarried children under 21 years old.
- Married children of any age.
- Parents: For foreign-born parents.
- Siblings: For adult brothers and sisters.
2. Lawful Permanent Residents (LPRs)
Lawful permanent residents can file Form I-130 for:
- Spouse: For their foreign spouse.
- Unmarried Children: Any age, as long as they are unmarried.
3. Special Cases
In certain circumstances, some relatives may petition for themselves:
- Widows/Widowers of U.S. citizens can file on their behalf.
- Abused Spouses or Children: Under the Violence Against Women Act (VAWA), they may also file independently.
4. Who Cannot File
Certain relatives cannot be petitioned through Form I-130, including:
- Grandparents, grandchildren, aunts, uncles, cousins, and in-laws.
- Adoptive parents or children adopted after turning 16.
- Biological parents if U.S. citizenship was obtained through adoption.
- Stepparents or stepchildren if the marriage creating that relationship occurred after the child turned 18.
Understanding these categories is crucial for determining eligibility and ensuring that the correct relationships are established when filing Form I-130
The Role of Form I-130
Form I-130, officially known as the Petition for Alien Relative, plays a crucial role in the U.S. immigration process, particularly for family-based immigration. Here’s an overview of its significance:
Purpose of Form I-130
1. Establishing a Family Relationship
Form I-130 is used by U.S. citizens and lawful permanent residents (LPRs) to demonstrate a qualifying familial relationship with a foreign national who wishes to immigrate to the United States. This form is essential for proving that the petitioner has a legitimate family connection to the beneficiary, which is a prerequisite for immigration eligibility13.
2. Initiating the Immigration Process
Filing Form I-130 is the first step in helping eligible relatives obtain a Green Card. It formally notifies U.S. Citizenship and Immigration Services (USCIS) of the intent to sponsor a relative for permanent residency. However, it’s important to note that submitting this form does not automatically grant any immigration benefits or status; it merely initiates the process.
3. Supporting Documentation
Along with Form I-130, petitioners must provide supporting documents that validate their U.S. citizenship or LPR status and substantiate the claimed family relationship. This includes marriage certificates for spouses, birth certificates for children, and other relevant documentation to prove the authenticity of the relationship23.
4. Priority Date and Visa Processing
Submitting Form I-130 establishes a priority date, which is crucial for determining when a beneficiary can apply for a Green Card based on visa availability. For immediate relatives (spouses, parents, and unmarried children under 21), there is no waiting period; however, other categories may face longer waits due to annual visa limits.
5. Pathway to Permanent Residency
Once Form I-130 is approved, it allows beneficiaries to move forward in the immigration process, which may involve applying for adjustment of status if they are already in the U.S. or going through consular processing if they are abroad.In summary, Form I-130 is integral to family-based immigration, serving as both proof of relationship and the initial step toward securing permanent residency for eligible relatives.
The Approval and Beyond
After Form I-130, Petition for Alien Relative, is approved, several important steps follow depending on the beneficiary’s location and immigration status. Here’s a detailed overview of what happens next:
The Approval Process and Next Steps
1. Notification of Approval
Once USCIS approves Form I-130, they will send a Notice of Action (Form I-797) to the petitioner, confirming the approval. This notice includes details about the petition and a priority date, which is crucial for visa processing.
2. Next Steps Based on Beneficiary’s Location
The subsequent steps vary based on whether the beneficiary is inside or outside the United States.
If the Beneficiary is in the U.S.
- Adjustment of Status: The beneficiary may file Form I-485, Application to Register Permanent Residence, or Adjust Status. This allows them to adjust their status to that of a lawful permanent resident without leaving the country.
- Biometrics Appointment: The beneficiary will be scheduled for a biometrics appointment to provide fingerprints and photographs.
- Interview: An interview at a USCIS office may be required, especially for marriage-based petitions or if there are any concerns about the relationship’s legitimacy.
If the Beneficiary is Outside the U.S.
- National Visa Center (NVC) Processing: The approved petition is forwarded to the NVC, which will handle further processing.
- Fee Payment and Documentation: The NVC will notify both the petitioner and beneficiary about fees that need to be paid and additional documentation required.
- Consular Interview: Once all documentation is complete, the NVC will schedule an interview at a U.S. embassy or consulate in the beneficiary’s home country.
3. Visa Issuance
If the consular interview is successful:
- The beneficiary will receive an immigrant visa allowing them to enter the United States as a lawful permanent resident.
- Upon arrival in the U.S., they will receive their Green Card by mail after completing entry procedures.
4. Possible Challenges
- Requests for Evidence (RFE): If USCIS or the NVC finds that additional information is needed, they may issue an RFE, requiring prompt response from the petitioner or beneficiary.
- Denials: If issues arise during processing—such as incomplete documentation or concerns about fraud—USCIS may deny the petition, providing reasons and appeal options.
5. Importance of Timeliness
Timely responses to any requests from USCIS or NVC are crucial to avoid delays in processing. Keeping track of deadlines and maintaining clear communication with immigration authorities can help facilitate a smoother process. In summary, after Form I-130 approval, beneficiaries must navigate either adjustment of status within the U.S. or consular processing abroad, each with specific requirements and steps to ensure successful immigration to the United States.
Understanding Quotas and Wait Times
Visas in the F2B category are limited by annual quotas, which can result in a lengthy wait time after the approval which is determined by the “priority date” when USCIS receives your petition.
Immediate Relatives vs. Preference Relatives
Unlike immediate relatives of U.S. citizens, such as spouses or children under 21, who do not have to wait for visa availability, preference relatives must wait until a visa becomes available.
Who Qualifies as a “Son or Daughter”?
To petition for your adult child, they must meet the U.S. immigration law’s definition which includes:
- Natural-born children of married parents.
- Natural-born children of unmarried parents but additional proof may be required if the father is petitioning.
- Stepchildren, if the marriage creating the step relationship happened before the child turned 18.
Age Considerations
If you started the immigration process for your child before they turned 21, and they turned 21 before getting a green card, their category changes from F2A to F2B, which typically means a longer wait. However, under the Child Status Protection Act (CSPA), their age might be calculated differently to help them remain eligible.
Estimated Processing Times
The time it takes for your adult child to immigrate depends on demand in the F2B category from their home country. This category has an annual worldwide limit of about 26,000 slots, and some countries have longer wait times.
Potential Issues for Unlawful Presence
If your adult child is living in the U.S. without proper authorization, they may be ineligible for a green card. Consult an immigration attorney to address these issues.
General Instructions for Filling Out Form I-130
Follow these steps to accurately complete the form:
Part 1: Information About You (Petitioner)
Fill in your full name, address, date of birth, and immigration status.
Part 2: Information About Your Relative (Beneficiary)
Provide the beneficiary’s full name, address, date of birth, and other requested details.
Part 3: Relationship
Indicate the relationship category (e.g., unmarried son/daughter aged 21 or older, married son/daughter).
Part 4: Additional Information
List any derivative beneficiaries (e.g., spouse or children of the beneficiary) if applicable.
Required Supporting Documents
Submit the following with Form I-130:
- Proof of U.S. permanent residency (copy of green card).
- Proof of relationship (birth certificates, marriage certificates, etc.).
- Two passport-style photos of you and your child.
- The correct filing fee (check the USCIS website for current fees).
- Mailing Your I-130 Petition
- Send your completed Form I-130 and supporting documents to the appropriate USCIS address. Check the USCIS website for the correct address.
Application Status and Notifications
After submission, you’ll receive a receipt notice with a receipt number to track your case online. Keep your address updated with USCIS to avoid missing important notifications.
Responding to Requests for Evidence (RFE) or Interviews
USCIS may request additional information or schedule an interview. Respond promptly and bring all necessary documents.
After I-130 Approval: Visa Availability and Consular Processing
Upon approval, the National Visa Center (NVC) will handle the next steps, including visa availability and scheduling an interview at the U.S. embassy or consulate in your child’s home country.
Adjustment of Status (If Already in the U.S.)
If your child is already in the U.S. with lawful status, they may apply to adjust their status without leaving the country by filing Form I-485.
Entering the United States
Once the immigrant visa is approved, your child will receive a visa packet to present at the U.S. port of entry.
Reuniting with your adult children through U.S. immigration requires careful preparation and adherence to guidelines. Consult with an immigration attorney or support organization to navigate the process smoothly and stay informed of any changes in immigration laws and policies.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your adult children’s travel to the US straightforward and successful. Whether you’re applying for an F1 Visa (First Preference Family Visa) or Adjustment of Status (Form I-485), we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need for their adult children in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
