If you are a US citizen above the age of 21 years, you can fill the form I-130 and file a petition for permanent residence on behalf of your non-US citizen parents. In this article, we have created a checklist to help you do that.
I-130 checklist for parents -
Along with the Form I-130, you need several other documents to submit a petition to the United States
Customs and Immigration Service (USCIS).
Pre I-130 checklist -
There are two checklists of information for the form I-130. One is for the petitioner and the other for the parents.
Address history for the last five years
The employment history of the last five years
Previously filed a petition for the beneficiary or any other foreign national
The employment history of the last five years
proceedings (if any)
I-130 checklist -
The supporting documents that you need to file a petition are as follows -
USCIS Filing Fee
Cover letter (optional)
Proof of Status
Beneficiary’s Foreign Passport Photo
Submission fee - The application processing fee for the form is $535. You can pay it either by check, money order or international bank draft. You can also pay it in cash if you submit the petition in person at a US consulate. However, personal checks, traveller’s checks and debit cards do not get accepted.
Cover letter - Even though a cover letter is not a mandatory requirement, if you have any extraordinary circumstances that you need to clarify, it can be a wise decision to submit one.
Proof of status - As petitioners, you have to submit evidence that your presence in the US is legal. To do this, you may have to submit a photocopy of your birth certificate (if US-born), passport, naturalization certificate, certificate of citizenship, or consular report of birth abroad. If you have a green card and are a lawful permanent resident, you have to submit a photocopy of both sides of your card or other similar proof.
Beneficiary’s foreign passport photo - You have to provide a photocopy of the beneficiary’s valid foreign passport photo.
Form I-130 supporting documents checklist -
Form I-130 supporting documents are as follows -
If your documents are in some other language, you have to get it translated into English by a certified translator. Proof of US citizenship like passport, state-issued birth certificate or
Birth certificate of parents
Foreign passport of parents
Marriage certificate of your parents
Note: If either you or your parents have ever had a different legal name, you may also have to submit a record of the name change. Also, if your parent has ever been a permanent US resident in the past, form I-407 for Abandonment of Lawful Permanent Residency may need to get submitted. Lastly, if any of your parents have passed away or one has remarried, a divorce decree or death certificate also requires to get provided.
How to Complete the I-130 Form for Parents -
The form I-130 has five different parts. Here is how you can complete each -
Part 1 - Relationship information - To find out if you are a filing a petition for your biological parents, a set of questions are present in this section. You have to answer all the relevant ones. Also, you must remember that US citizens are not allowed to file for permanent resident status on behalf of adoptive parents.
Part 2 - Personal information - This part includes questions about your US citizen status, address, marital status, work history and more.
Part 3 - Additional personal information - This is a continuation of Part 2 wherein you are required to provide further details about yourself.
Part 4 – Parent’s personal information - This section is similar to Part 2 and 3 but focused on your parents. Your parents will have to provide answers for this part of the form regarding their marital status, employment status etc. The supporting documents that get submitted to the USCIS give further evidence for the information that you share in this part of the form.
Part 5: Additional information about the petitioner - The questions in part 5 pertain to previously filed petitions with the USCIS on behalf of an immigrant. After filling this segment, you can sign the document to complete your I-130 form.
Where to File an I-130 Petition -
After thoroughly going through the checklist and making sure you have arranged all the supporting documents for the petition, you should get a photocopy of the whole petition for your record. Once you have done that, you can mail the original set to USCIS.
After the I-130 Form gets submitted -
After you have submitted your I-130 petition, a couple of weeks later, you should receive a receipt for the same. That will indicate that your petition and its supporting documents have gotten received by the USCIS. However, you should remember that a receipt notification is not equivalent to approval. To find out about the petition approval, you have to use your receipt number and track its progress on the USCIS website.
Once the processing gets completed, you should receive a notice that states the approval or denial of your petition. In case your petition gets denied, you will be provided with the reason for the same and allowed to re-file it. If your petition gets approved, it gets further forwarded to the National Visa Center (NVC) that guides you through the next steps of the green card application process.
We hope this article helped you in filling the form.