U.S. Citizens can file for their: •Spouse •Unmarried child under age 21 •Unmarried son/daughter over age 21 •Married son or daughter •Parents** •Siblings**

1. Form I-130
Petition for Alien Relative
May 2015

2. U.S. Citizens can file for their:
• Spouse
• Unmarried child under age 21
• Unmarried son/daughter over age 21
• Married son or daughter
• Parents**
• Siblings**
**The petitioner must be 21 or over to file the petition.
For Whom Can a USC File?
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3. Who can an LPR file for?
A Lawful Permanent Resident (LPR) can file for
their:
• Spouse
• Unmarried child under the age of 21
• Unmarried son/daughter over the age of 21
An LPR may not file for parents, siblings, or married
sons or daughters.
No one can file an I-130 on behalf of an aunt, uncle,
cousin, niece, nephew, in-law, grandparent, or
grandchild.
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4. Family-Based Immigrant Visas
• Immediate Relative Category
– Visas are Always Available
– Spouse, unmarried children under 21, and
parents (IR)
• Family Preference Visa Categories
– Are Subject to Annual Limitations
– Unmarried sons/daughters (age 21 and older) of
U.S. citizens (F1)
– Married sons/daughters of U.S. citizens (F3)
– Siblings of U.S. citizens (F4)
– Spouses, children, of an LPR (F2A)
– Unmarried sons/daughters of LPRs (F2B)
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5. Filing Form I-130
The I-130 filing instructions provide the petitioner
with specific information and filing addresses.
The form is sent to a Lockbox facility for intake.
The Lockbox facility does not adjudicate
petitions; it determines whether the petitions
meet the acceptance criteria, performs the intake,
and then forwards the files to the appropriate
service center.
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6. Filing Form I-130
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7. Filing Form I-130
If the beneficiary is residing in the United States
and is eligible to adjust under INA Section 245, a
petitioner may file an I-130 with a Form I-485,
Application to Register Permanent Residence or
Adjust Status if a visa is immediately available.
This is known as a concurrent filing.
Concurrently filed I-130s/I-485s are sent to a
specific Lockbox facility and are adjudicated by
USCIS field offices.
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8. Filing Form I-130
Accepted petitions are receipted and routed to
the appropriate USCIS service center or field
office for processing.
At the center, cases are assigned to Immigration
Services Officers (ISOs) for initial review and
adjudication.
Petitions may be tracked online at uscis.gov.
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9. Filing Form I-130
What is a priority date and why is it important?
• The priority date is the date the petition was
properly filed with USCIS.
• The priority date determines the beneficiary's
place in line for a visa.
• Visas are always available to immediate
relatives.
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10. USCIS Process
Reviewing an I-130:
In the adjudication process the ISO determines:
• Is the petitioner eligible to file the petition?
• Is there a “qualifying” familial relationship
between the petitioner and the beneficiary?
• Does the file contain evidence of a bona fide
relationship?
• Are other required documents missing from the
file?
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11. USCIS Process
Is the evidence submitted sufficient to
establish the claimed relationship?
Request for Evidence (RFE). The RFE will:
• Tell the petitioner what is deficient
• Request specific documents or information
• Provide the petitioner with a set timeframe
within which to respond to the RFE and the
consequences of a failure to submit a timely
response.
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12. USCIS Process
What happens if the case contains adverse
information?
Notice of Intent to Deny (NOID). The NOID will:
• Describe reason(s) for the intended denial
and why the evidence in the record is not
sufficient.
• Describe the evidence that is needed to
overcome the potential reasons for denial.
• Provide the petitioner with the opportunity
to provide additional documentation or
explanation.
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13. Interviews
Most standalone I-130 petitions will be
completed without the need of a personal
interview; however, the facts of an individual
case may indicate that a personal interview is
appropriate.
If an interview is necessary, the I-130 will be
transferred to a Field Office.
When an I-130 has been filed concurrently
with an I-485, the interview takes place at a
USCIS field office.
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14. Decision
Approval:
• Notifies the petitioner of the approval.
• Forwards the petition to the appropriate USCIS
repository or forwards the petition to the DOS
National Visa Center for overseas processing.
USCIS uses the Form I-797, Notice of Action to
notify the petitioner and/or any recognized
representative of the approval and disposition of
the petition.
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15. Decision
Denial:
USCIS sends the petitioner and any recognized
representative a denial letter which explains the
reasons for the denial and outlines the petitioner’s
appeal rights.
Appeals are referred to the Board of Immigration
Appeals (BIA).
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16. Visa Bulletin
• Department of State
(http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html)
Can call (202) 485-7699 for an updated recording or you can e-mail
questions to visabulletin@state.gov.
• Family-Sponsored Preferences
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17. Consular Returns
When a case is returned from the Department
of State what happens?
• A Notice of Intent to Revoke is sent to the
petitioner, if warranted.
• A Notice of Automatic Revocation is sent to the
petitioner.
• If the petition is not revocable, the petition is
returned to Department of State.
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18. Contact Us
National Customer Service Center (1-800-375-5283) or
e-Request
After 30 days, follow-up email to:
Nebraska Service Center:
nscfollowup.ncsc@uscis.dhs.gov
Texas Service Center:
tsc.ncscfollowup@uscis.dhs.gov
California Service Center:
csc-ncsc-followup@uscis.dhs.gov
Vermont Service Center:
vsc.ncscfollowup@uscis.dhs.gov
After 21 days, contact:
Service Center Operations:
SCOPSSCATA@uscis.dhs.gov
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19. Questions?
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20. About this Presentation
Author: Nebraska Service Center
Date of last revision: May 2015
This presentation is current only as of the date of last
revision.
This presentation contains no sensitive Personally
Identifiable Information (PII).
Any references in documents or text, with the
exception of case law, relate to fictitious individuals.
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21. Disclaimer
This presentation is intended solely to provide
information on current USCIS process. It is not
intended to, does not, and may not be relied
upon to create or confer any right(s) or
benefit(s), substantive or procedural,
enforceable at law by any individual or other
party in benefit applications before USCIS, in
removal proceedings, in litigation with the
United States, or in any other form or manner.
This presentation does not have the force of
law, or of a DHS directive.
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