Case Is Being Actively Reviewed by Uscis 2018
Form I-130 Processing Time
What Happens After Filing Course I-130, Petition for Alien Relative
Form I-130, Petition for Alien Relative, is the first step in obtaining family unit-based permanent residence (dark-green card) in the United States. A U.S. citizen or lawful permanent resident may file Class I-130 to institute a qualifying relationship with the beneficiary (intending immigrant). Understandably, you want to know how long it takes throughout the Form I-130 processing fourth dimension line and what happens in the dissimilar steps.
Although the steps that have place are fairly consequent, the I-130 processing time will vary significantly based on the type of relationship (between petitioner and beneficiary), USCIS case load, and your ability to properly file an accurately prepared I-130 petition. The following outline describes the basic steps of the I-130 time line for most people.
Receipt of Petition
APPROXIMATELY 2 TO iii WEEKS Later FILING
If you properly file Course I-130, Petition for Alien Relative, USCIS will initially answer by mailing you a receipt discover that confirms receipt of your petition. Formally known as Form I-797C, Find of Activity (run into example below), the receipt notice typically arrives 2 to 3 weeks later on filing. If you did not properly file your Form I-130, USCIS will send a Notice of Activeness to reject the petition or may ship a Request for Evidence that requests additional items. Either will significantly delay your asking. Thus, it is vital to set the I-130 correctly and submit all required supporting documents.
Tip: Save this important letter. It contains your ten-digit receipt number. You lot tin can use this receipt number to bank check your case condition. If you didn't receive a Notice of Action, yous tin brand a instance inquiry.
Almost ix% of Course I-130 petitions are rejected, and thousands more are denied. A poorly prepared petition can also filibuster the approval process and even create significant clearing problems. When you prepare your I-130 on CitizenPath, nosotros provide simple, pace-past-pace instructions and alerts to aid you avoid costly delays. Nosotros fifty-fifty guarantee USCIS will approve your petition. No credit bill of fare is required to try it.
Review of Petition
APPROXIMATELY ii TO 4 WEEKS Afterward FILING
At this point, USCIS may begin reviewing your petition. But it's very helpful to understand the difference betwixt immediate relatives and family preference categories also equally how that will bear upon your petition. Immigration police defines immediate relatives as the spouse, single children (under age 21) and parents of a U.S. citizen. They are given priority. More accurately, at that place is no numerical limit on immigrant visas for immediate relatives. Therefore, the wait time is much shorter. USCIS will begin reviewing immediate relative petitions as presently as possible.
At this betoken, USCIS may begin reviewing your petition. But it's very helpful to sympathise the departure between firsthand relatives and family unit preference categories as well as how that will touch your petition. Immigration constabulary defines immediate relatives as the spouse, unmarried children (under age 21) and parents of a U.S. citizen. They are given priority. More accurately, at that place is no numerical limit on immigrant visas for immediate relatives. Therefore, the wait fourth dimension is much shorter. USCIS will begin reviewing immediate relative petitions as soon as possible.
Tip: If the petitioner or beneficiary alter a mailing address during this time, don't forget to inform USCIS. Phone call USCIS at 1-800-375-5283 to modify the address with your pending I-130 petition.
Blessing for Firsthand Relatives
APPROXIMATELY 5 TO 12 MONTHS AFTER FILING
Again, the number of immigrant visas (green cards) issued to immediate relatives of U.S. citizens is unlimited. Most Form I-130 petitions for immediate relatives are approved within a v to nine calendar month time frame, simply they can have longer in some cases.
If yous are in the United States and likewise filed an awarding to adapt status, USCIS will begin reviewing Course I-485 at this point. If you are outside the U.S., USCIS volition forward your case to the National Visa Center (NVC) to begin analogous the visa interview at a U.Due south. consular part in your country. The NVC will advise yous when it'due south time to submit the visa awarding and other supporting documents.
Think, firsthand relatives are the spouses, unmarried children (under 21) and parents of U.S. citizens. This is a select group of immigrants with unlimited visa numbers. All other types of family relationships are considered family preference categories and generally will take longer to approve and become current.
Approval for Family Preference
APPROXIMATELY 6 MONTHS TO 20+ YEARS Later FILING
Immigrant visa numbers are not unlimited for people in the family preference category. There is a numerical limit on the visas issued each year. For limited categories, the availability of immigrant visa numbers depends on the appointment your petition was filed. This is called your priority engagement.
Therefore, it'southward very important to sympathize that even if USCIS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately. For many people, it tin take several years earlier the priority date is current.
USCIS may approve the petition in equally little every bit half-dozen months for the F2A category (usually much longer for other categories), but you volition still demand to wait for a visa number to go bachelor before the immigrant visa (dark-green menu) application tin can be submitted to the U.South. consulate. Using your priority date, you can check the status of the Country Department'south Visa Message. Learn how to read the visa bulletin >>
Tip: If an firsthand relative is in the United States through a lawful entry, it'southward by and large easiest (and fastest) to file the light-green card awarding (Form I-485) at the same time as Form I-130. Learn more nigh aligning of status.
I-130 Processing Time by Category
APPROXIMATELY five MONTHS TO 20 YEARS (DEPENDING ON CATEGORY)
Nether current U.Southward. immigration law, Congress limits the number of family preference green cards that may be granted each twelvemonth. Thus, the annual quota (numerical limit) on each category combined with limits for each land tin create very significant waits for some categories. That generally translates into a wait time after filing Form I-130, Petition for Conflicting Relative.
Category | Eligibility | Almanac Quota | Estimated Wait Fourth dimension | |
IR | Immediate Relative: Spouse, unmarried children (under 21 years quondam), and parents of U.S. citizens | No numerical limit | Noneone | |
F1 | Family unit Preference: Single sons and daughters (21 years of historic period or older) of U.South. citizens | 23,400 | 7 years2 | |
F2 | Family Preference: Spouse, sons and daughters of lawful permanent residents | 114,200 | ||
F2A: Spouse and minor children (under 21 years old) | Nonethree | |||
F2B: Unmarried sons and daughters (21 or older) | 5-6 years | |||
F3 | Family Preference: Married sons and daughters of U.S. citizens | 23,400 | 12-13 years2 | |
F4 | Family Preference: Brothers and sisters of U.S. citizens | 65,000 | 13-14 years2 |
1There is no quota for the immediate relative visa category, merely it may take vi to 12 months for USCIS to corroborate the Class I-130.
iiSome countries like China, India, Mexico and Philippines may have significantly longer wait times.
3This category is presently "current." However, information technology may take 6 to 12 months for USCIS to approve the Form I-130.
File Early
Within each category, USCIS processes the I-130 petition on a first-come, offset-served basis. Therefore, it is important to get onto this wait list early by establishing a priority engagement. It is extremely important that the petitioner file a well-prepared Grade I-130 packet that is costless of errors and inconsistencies.
After filing Form I-130, Petition for Conflicting Relative, the approving procedure can take anywhere from 5 to 12 months for immediate relatives and could accept several years for family preference categories. This is an approximation. It may be shorter for some and longer for others. Don't forget — you can check your instance status online with your receipt number. The USCIS website besides lists normal processing times for an I-130 petition. If you believe that your case is outside the normal I-130 processing fourth dimension, you can make a case inquiry.
The approval of your I-130 petition is just the offset of a process that has several more than steps. After USCIS approves the I-130 petition, meet what'southward side by side.
Source: https://citizenpath.com/form-i-130-processing-time/
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