Petition for alien relative


If you are a US citizen, you can apply for permanent residence or Green Card for immediate relatives living abroad, through US Citizenship and Immigration Services (USCIS, for its acronym in English).

What is petition for alien relative?

The alien relative petition is an application filed by a US citizen for certain members of his family to obtain legal permanent residence (Green Card) and thus be able to immigrate or legally remain in US territory.

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The alien relative petition can be filed by US citizens or permanent residents.

The family ties for which you can carry out this procedure are: Spouse, children, parents and siblings, the latter 2 only if you are a US citizen.

What is the process to petition for alien relative?

To apply for a foreign relative, the following steps must be followed:

  • If you are a US citizen
    • File Form I-130: Petition for Alien Relative.
    • Give an affidavit of financial sponsorship, this is done through Form I-864.
    • File Form I-485: Application for Permanent Residence or Adjustment of Status.
  • If you are a permanent resident
    • File Form I-130: Petition for Alien Relative.
    • Check that you are a permanent resident.
    • Show evidence of the relationship between you and the family member requesting (birth, marriage certificates, etc).

In both cases, it’s extremely important that when completing Form I-130, you fully and honestly answer all questions and don’t forget to sign it, since in that case, you will be rejected.

Where to file petition for alien relative?

The place where you must file Form I-130 varies, depending on your place of residence and if you file Form I-485: Application to Register Permanent Residence or Adjust Status at the same time.

You can submit your Form I-130 to USCIS online or by mail.

What happens after you submit your Form I-130?

Once USCIS receives your Form I-130 and your application is processed, the following will be sent to you:

  • Notification of Receipt.
  • Notification of Biometric Services, indicating the date of your appointment (if applicable).
  • Notification to attend an interview, indicating date and time (if applicable).
  • Written notification or decision.

How much is the filing fee for petition for alien relative?

The cost of applying to USCIS for the filing of Form I-130 is $535 plus $85 for biometrics, if necessary.

This fee can be paid by money order, personal check or cashier’s check, payable to the United States Department of Homeland Security. If you apply at a USCIS Secure Location, you can pay with a credit card, using Form G-1450 Authorization for Credit Card Transactions.

How long does it take to petition for alien relative?

The time it takes for the I-130 petition process depends on the relationship with the foreign relative, on whether the sponsoring relative is a US citizen or permanent resident and on the USCIS office that processes the request, and can take anywhere from 10 months to 32 months, according to the case.

How do I verify my alien relative petition?

If you submitted your Form I-130 to USCIS, you will receive a notification known as Form I-797 at your address, which will be mailed approximately 2 weeks after your application is submitted.

Form I-797 has a 3 letter and 10 digit receipt number, which is how USCIS identifies your case and can use it to check the status of your application online.

Can the alien relative petition be denied?

Yes, it can be denied when USCIS proves fraud, since the information submitted on Form I-130 is false.

It also applies if it’s proven that the requested family member has a negative criminal or immigration record, such as having entered US illegally.

What happens after petition for alien relative is approved?

If your petition has been approved, you will get a copy of the approval notice for your Form I-130, a very important document to keep in your personal file.

At Tramites de Inmigracion USA Corp, we take care of helping and advising you so that your dream of reuniting with your family members again comes true. We have an excellent, highly qualified team that will guide you through the entire process.

Contact us by calling 1 (786) 776-7152 or 1 (786) 786-5088

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