This may have serious repercussions if the son or daughter was protected by CSPA as he or she loses this protection if a new petition is filed.Īll petitions are screened by USCIS when they are initially submitted to see that all required forms, fee and initial supporting documents are included. When this occurs, a separate petition must then be filed for the child of the foreign national spouse because he or she will no longer be permitted to “follow-to-join”.
![i 130 processing time i 130 processing time](https://i.ytimg.com/vi/MqopXDRK0Z4/maxresdefault.jpg)
citizen (spouse, children under 21 and parents- those who are not subject to visa quota availability) must have a petition filed on his or her behalf by the U.S. Dependents of only some of those relatives, however, may immigrate with the foreign national.Įach immediate relative of a U.S. citizens and Permanent Residents can file an immigrant petition for their direct relatives.
![i 130 processing time i 130 processing time](https://boundless-wp-production.s3.amazonaws.com/uploads/2018/04/BoundlessFlorida_infographic_v7_CS5.png)
I-130 For Dependents of The Alien Relative unless he or she has an immigrant visa or has obtained another type of non-immigrant visa.Ĭlick here to learn more on Consular Processing of immigrant visas. NOTE: The Beneficiary of the I-130 petition cannot enter the U.S. Consulate abroad before they can enter the U.S. or has chosen Consular Processing when the petitions is approved and a visa number is available, he or she must complete consular processing and obtain their immigrant visa at a U.S. If the beneficiary of the I-130 immigrant visa petition is outside the U.S. STEP 3: Consular Processing If Beneficiary Is Outside The U.S. There are certain limited exceptions to these provisions for immediate relatives.Ĭlick here to learn more on Adjustment of Status. legally and must have maintained their status throughout their stay in the U.S. the beneficiary must meet certain conditions: they must have entered the U.S. NOTE: To adjust of status inside the U.S. when the petition is approved and a visa number is available, he or she may be able to file for Adjustment of Status using Form I-485, Application to Adjust Status. If the beneficiary (the person form whom the immigrant petition is filed) of the I-130 petition is in the U.S. STEP 2: Adjustment of Status If The Beneficiary Is Already Inside The U.S. Since visa numbers are not immediately available these petitions receive lower priority for processing. The lower the priority of the preference category (i.e., 3rd or 4th preference) the longer it takes for processing. The time it takes the USCIS service center to process the I-130 depends on what preference category the foreign national relative falls into.