If you’re sponsoring a spouse or family member to get a green card, you’ll need to submit Form I-130 (“Petition for Alien Relative”) to prove that you have a valid family relationship. The U.S. Citizenship and Immigration Services Ombudsman (CIS Ombudsman), an independent office that looks into complaints about USCIS, recently shared an important tip to help you avoid processing delays and extra costs when applying for a family-based green card.
What You Need to Know About Form I-130
Form I-130 is used to determine whether your relative is applying for a green card from inside the U.S. (through the adjustment of status process) or outside the U.S. (via consular processing). Here’s where it gets tricky: the form gives you the option to select both choices, but you should only choose one.
Why Does This Matter?
The choice you make on Form I-130 affects where your approved application will be sent. Here’s a breakdown of the two options:
- If you select adjustment of status, USCIS will send your Form I-130 to the National Record Center (NRC). From there, you can file Form I-485 to adjust your status to a green card holder.
- If you select consular processing, USCIS will send your Form I-130 to the National Visa Center (NVC), which handles the next steps for applicants outside the U.S.
The Risk of Choosing Both Options
Choosing both options on Form I-130 may seem like a good idea, but it can lead to significant delays and extra costs. The CIS Ombudsman has received many complaints from applicants who accidentally selected both choices. When this happens, USCIS typically sends the approved I-130 application to the NRC, even if the applicant is outside the U.S.
This can create an extra step: the person seeking the green card will then need to file Form I-824 (“Application for Action on an Approved Petition”) to have their application rerouted to the NVC for consular processing.
Form I-824 comes with a $465 filing fee and can take anywhere from 3.5 to 22.5 months to process. As you can imagine, this delay adds time and costs to your green card application process.
How to Avoid Extra Fees and Delays
To avoid these unnecessary delays and costs, you must choose only one option on your Form I-130—either adjustment of status or consular processing, not both. This will help ensure that USCIS sends your approved petition to the correct location from the start.
What If You Choose Both Options by Mistake?
If you’ve already submitted your Form I-130 and selected both options, don’t worry! As long as USCIS hasn’t yet approved your petition, you can contact the USCIS Contact Center to change your selection.
Filling out Form I-130 correctly is essential to avoid delays and extra fees in your family-based green card application. By making sure to select only one option—either adjustment of status or consular processing—you can keep your application on track and save both time and money. Always double-check your form before submitting it, and if you’re unsure, don’t hesitate to reach out for help.
