Form I-130 for Parents: A Step-by-Step Guide

As a U.S. citizen who wants to bring your parents to live permanently in the United States, you will need to go through the immigration process like the procedures, and requirements set by USCIS and this guide will help you in filling out and submitting Form I-130 for Parents, which is the Petition for Alien Relatives, for your parents.

It’s important to know the primary eligibility requirement which is you must be a U.S. citizen and at least 21 years old. 

Your First Step

Download the form for free from the USCIS website, this petition establishes your citizenship and proves the parent-child relationship, making your parents eligible for a green card.

Consular Processing for Parents Abroad

If your parents are living abroad, they will need to wait until the I-130 is approved before starting the application process through a U.S. consulate. This process involves additional steps and waiting periods.

Concurrent Filing of I-485 for Parents in the U.S.

If your parent are already in the States legally, they can file the Petition to Adjust Status, concurrently with the I-130 application to fasten the process but make sure they did not use a tourist visa or visa waiver with the intent to adjust your status because that can cause complications.

Filling Out Form I-130 for Parents: Step-by-Step

Now, let’s delve into the details of filling out Form I-130. Please note that the following instructions are based on the version of the form issued on 07/20/21.

Part 1. Relationship

• Question 1: Check the second box, “Parent.”
• Question 2: These questions verify the parent/child relationship, including provisions for adoptive parents. Seek legal counsel for specific cases involving adoptive parents.

Part 2. Information About You (The Petitioner)

• Question 1: A U.S. citizen can put “N/A” here.
• Question 2: If you don’t have a USCIS Online Account Number, leave this blank.
• Question 3: Provide the U.S. citizen’s Social Security Number.
• Question 4: Enter your names as requested.
• Question 5: Include any names by which you have been commonly known.
• Questions 6-9: Self-explanatory.
• Question 10: Your mailing address.
• Questions 11-15: Address details.
• Question 16: Enter the number of times you have been married, including your current marriage.
• Question 17: Indicate your most recent marital status.
• Questions 18-19: Provide information about your current marriage, if applicable.
• Questions 20-23: Include names of current or prior spouses.
• Questions 24-35: Questions about your parents. Answer to the best of your knowledge.
• Question 36: Check the “U.S. citizen” box.
• Questions 40-41: Leave blank if you are a U.S. citizen.

Part 3. Biographic Information

In Part 3 of Form I-130, “Biographic Information,” the petitioner is required to provide specific personal details. This section is crucial for establishing identity and ensuring accurate processing of the petition. Here’s a detailed breakdown of what to include:

Required Information

1. Race and Ethnicity:
   
   • Indicate your race by selecting from the provided options, which may include categories like White, Black or African American, Asian, Native Hawaiian or Other Pacific Islander, American Indian or Alaska Native, and others.
     
2. Physical Characteristics:
   
   • Height: Enter your height in feet and inches.
   • Weight: Provide your weight in pounds.
   • Eye Color: Select your eye color from options such as Brown, Blue, Green, Hazel, Gray, or Other.
     
3. Personal Identification:
   
   • Include your full name (family name, given name, middle name).
   • List any other names you have used (aliases, maiden names) to ensure all records are accurately linked to you.
     
4. Marital History:
   
   • Indicate your current marital status (e.g., single, married, divorced) and provide details about any previous marriages. This includes the names of spouses and dates of marriage.
5. Contact Information:
   
   • Provide your daytime telephone number and email address where you can be reached for further communication regarding the petition.

Additional Notes

• Ensure that all information is accurate and complete to avoid delays or rejections in processing.
• If any question does not apply to you, write “N/A” or “not applicable” as appropriate.
• Dates should be formatted as mm/dd/yyyy for clarity.

Completing this section accurately is vital as it helps establish your identity and supports the legitimacy of the relationship being petitioned for immigration purposes.

Part 4. Information About Beneficiary (Your Parent)

• Question 1: Alien Registration Number if applicable.
• Question 2: USCIS Online Account Number if applicable.
• Question 3: Social Security Number if applicable.
• Question 4: Current name of your parents.
• Question 5: Other names used by your parents.
• Questions 6-9: Self-explanatory.
• Question 10: Details of prior visa petitions, if any.
• Questions 11-16: More information about your parent’s marital history.
• Question 17: Marital status of your parents.
• Question 18: Date of your parent’s present marriage, if married.
• Question 19: Information about the place where your parents were legally married.
• Questions 21-24: For step-parents, establishing a separate parent-child relationship.
• Questions 25-44: List your parent’s children, including you.
• Question 45: Answer “yes” even if your parent is not currently in the U.S.
• Question 46. a: How did your parents arrive in the U.S.?
• Question 46. b: I-94 number.
• Question 46. c: Date of entry into the United States.
• Question 46.d: The date when your parent’s right to remain in the U.S. legally ran out.
• Questions 47-50: Number in your parent’s passport or travel document.
• Questions 51-52: Your parent’s employer information.
• Question 53-56: If your parent has been in Immigration Court proceedings.
• Questions 57-58: For applicants from countries with non-ABC written languages.
• Questions 59-60: Leave blank; for petitioners filing for spouses.
• Question 61: For immigrants planning to apply for a green card through adjustment of status.
• Question 62: For parents not in the U.S., list the consulate in their home country.

Part 5. Petitioner’s Statement, Contact Information, Declaration, and Signature

In Part 5 of Form I-130, you will finalize your petition by providing a statement of your intentions, your contact information, and your signature. This section is crucial as it confirms the authenticity of your application and ensures that USCIS can reach you if needed.

Key Components of Part 5

1. Petitioner’s Statement

• Affirmation: You will affirm that the information provided in the form is true and correct to the best of your knowledge. This statement underscores the importance of honesty in immigration matters.

2. Contact Information

• Daytime Telephone Number: Provide a reliable phone number where you can be reached during business hours.
• Email Address: Include an email address for electronic communication regarding your petition. Ensure this email is checked regularly for updates from USCIS.

3. Declaration

• Understanding of Consequences: You will acknowledge that providing false information can lead to penalties, including denial of the petition or potential legal consequences.
• Signature Requirement: Your signature is required to validate the petition. This confirms that you are the person filing the petition and that you understand the contents of the form.

4. Signature

• Date: Sign and date the form in the designated fields. The date should reflect when you are submitting the form.
• Printed Name: Below your signature, print your name clearly to ensure it matches the name provided in earlier sections.

Important Considerations for Form I-130 for Parents

• No Blank Spaces: Ensure that all fields are filled out as required. If a question does not apply to you, write “N/A” or “not applicable.”
• Review Before Submission: Carefully review this section for any errors or omissions before submitting your petition. Mistakes can lead to delays or denials.

Completing Part 5 accurately is essential as it finalizes your application and affirms your commitment to providing truthful information throughout the immigration process. Your signature serves as a legal declaration of your intent to petition for your parent(s) and acknowledges your understanding of the responsibilities involved.

Part 6. Interpreter’s Contact Information, Certification, and Signature

Part 6 of Form I-130 is dedicated to providing information about an interpreter who may have assisted you in completing the form. This section is important if you are not fluent in English or require assistance due to language barriers. Here’s a breakdown of what to include:

Key Components of Part 6

1. Interpreter’s Contact Information

• Name: Provide the full name of the interpreter.
• Address: Include the interpreter’s complete address, including street number, city, state, and ZIP code.
• Telephone Number: Enter a reliable phone number where the interpreter can be reached.
• Email Address: Include an email address for electronic communication.

2. Interpreter’s Certification

The interpreter must certify that they have accurately translated the contents of the form to you and that you understand the information provided. This certification is essential for ensuring that all parties are clear about the petition’s details.

• Certification Statement: The interpreter will confirm that they are fluent in both English and your native language and that they provided a complete and accurate translation.

3. Interpreter’s Signature

• Signature: The interpreter must sign the form to validate their certification.
• Date: The date should reflect when the interpreter completed their certification.

Important Considerations for Form I-130 for Parents

• Use of an Interpreter: If you did not use an interpreter, you can skip this section. Only fill it out if an interpreter is involved in assisting you with the application.
• Accuracy: Ensure that all information provided by the interpreter is correct and complete to avoid any processing delays.
• No Blank Spaces: If any field does not apply, write “N/A” or “not applicable” as appropriate.

Completing Part 6 accurately ensures that USCIS has a clear understanding of who assisted you in completing the form, which is crucial for maintaining transparency and accuracy in your petition process.

Part 7. Contact Information, Declaration, and Signature of Person Preparing This Petition if Other Than the Petitioner

Part 7 of Form I-130 is designated for individuals who assist in preparing the petition but are not the petitioners themselves. This section is important for transparency and accountability, ensuring that USCIS knows who prepared the form and can contact them if necessary.

Key Components of Part 7

1. Contact Information

• Name: Enter the full name of the person preparing the petition.
• Address: Provide the complete address, including street number, city, state, and ZIP code.
• Daytime Telephone Number: Include a reliable phone number where the preparer can be reached during business hours.
• Email Address: Provide an email address for electronic communication regarding the petition.

2. Declaration

The preparer must affirm that they have assisted in preparing the petition and that all information provided is accurate and complete to the best of their knowledge.

• Certification Statement: The preparer will confirm that they have read the completed petition and that it reflects your answers accurately.

3. Signature

• Signature: The preparer must sign the form to validate their declaration.
• Date: The date should reflect when the preparer signed this section.

Important Considerations for Form I-130 for Parents

• Who Should Complete This Section: Only fill out Part 7 if someone other than the petitioner assisted in preparing the petition. If you completed it yourself, you can skip this section.
• Accuracy: Ensure that all information provided by the preparer is correct to avoid any delays in processing.
• No Blank Spaces: If any field does not apply to the preparer, write “N/A” or “not applicable.”

Completing Part 7 accurately ensures that USCIS has a clear point of contact for any questions or clarifications regarding your petition. This transparency helps facilitate a smoother processing experience.

Part 8. Additional Information

Part 8 of Form I-130 provides space for any additional information that may be relevant to your petition. This section is particularly useful if you need to elaborate on previous sections or provide details that could not be included elsewhere in the form.

Key Components of Part 8

1. Use of Additional Space:
   
   • If you require more space to answer any questions from previous parts, you can use this section. Clearly indicate which part and question number you are addressing.
2. Continuation Sheets:
   
   • If the space provided in Part 8 is insufficient, you may attach separate sheets of paper. Each continuation sheet should include:
     
     • Your name.
     • Alien Registration Number (if applicable).
     • Page number, part number, and item number that the answer refers to.
       
   • Ensure that each attached sheet is signed and dated.
     
3. Clarifications:
   
   • Use this section to clarify any complex situations or provide context regarding your relationship with the beneficiary or other relevant details that might assist USCIS in understanding your case better.

Important Considerations for Form I-130 for Parents

• Accuracy: Make sure all information is accurate and written to avoid confusion during processing.
• No Blank Spaces: If a question does not apply, write “N/A” or “not applicable.” If the answer is zero, write “none.”
• Formatting: Maintain clear formatting to ensure readability. Use bullet points or numbered lists if necessary.

Completing Part 8 accurately allows you to provide comprehensive information that supports your petition, ensuring that USCIS has all the necessary context for your application.

Required Documents for Submission 

Submit the following documents with your completed and signed Form I-130 for Parents:

• Proof of your U.S. citizenship (birth certificate, passport, certificate of naturalization, or certificate of citizenship).
• Proof of the parent-child relationship (birth certificates, adoption certificates, or marriage certificates, if applicable).
• Payment of the filing fee (check the current amount on the USCIS website).

Where to File the I-130 Petition

Make a copy of all documents for your records. You can file the petition online or send it to the USCIS lockbox address indicated in the instructions on the USCIS website.

What Happens After 

A few weeks after submitting the petition, you should receive a receipt notice from USCIS with a receipt number. Use this number to check your case status on the USCIS website and sign up for email updates. If USCIS requires additional documentation, they will send a request.

If your parent is living abroad, USCIS will forward the approved Form I-130 for Parents to the National Visa Center (NVC), which will contact your parents for further processing and a visa interview. For parents in the U.S. who filed an I-485 for adjustment of status concurrently, the application will continue to be processed, and your parent may be called for an interview at a USCIS office.

Petitioning for your parents to become green card holders in the United States is a complex but rewarding process. By following these steps and adhering to the guidelines, you can navigate the process with confidence, taking a significant step toward reuniting with your loved ones in the U.S. If you have any doubts or need personalized guidance, consulting an immigration attorney is always advisable.

How Law and Visas Can Help?

At Law and Visas, our team of expert immigration consultants is here to make your parents’ travel to the US straightforward and successful. Whether you’re applying for an IR-5 Visa or an 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 Form I-130 in the US. Call us today at +234 812 5505 986 to learn how we can assist you.