My I-130 petition is for:
Immediate Relative Inside the U.S. | Immediate Relative Outside the U.S. | Family Preference Outside the U.S.
First, to understand what happens after I-130 is approved, it’s important to know the type of qualifying relationship you have with the U.S. petitioner because it affects your wait time. This should be simple because it’s the basis of your I-130 petition.
You are in an Immediate Relative category if you have one of the following relationships:
Spouse of a U.S. citizen
Unmarried child (under 21 years of age) of a U.S. citizen
Orphan adopted abroad by a U.S. citizen
Orphan to be adopted in the United States by a U.S. citizen
Parent of a U.S. citizen (who is at least 21 years old)
You are in a Family Preference category if you have one of the following relationships:
Unmarried, adult sons and daughters (age 21 or over) of U.S. citizens
Spouses and unmarried children (under age 21) of permanent residents
Unmarried adult sons and daughters of permanent residents
Married sons and daughters (any age) of U.S. citizens
Brothers and sisters of adult U.S. citizens
Upon approving the I-130 petition, USCIS will mail the petitioner an approval notice. The next step depends on two important criteria: (1) if the immigrant is in an Immediate Relative or Family Preference Category and (2) if the immigrant is inside or outside the United States.
Generally, as an Immediate Relative who is inside the United States, you have the option to “adjust status” to a permanent resident. (Although it is possible for Family Preference immigrants to adjust status, it is less common due to the wait times associated with the categories.)
Adjustment of Status
A foreign national that wants to change his or her nonimmigrant status to permanent resident status (green card holder) uses a process called adjustment of status (AOS). Form I-485, Application to Register Permanent Residence or Adjust Status, is the primary form used in an adjustment of status (AOS) application.
Although additional factors will be considered before approval an AOS application, the three fundamental requirements to adjust status require that you must:
- Be physically present in the United States
- Have an immigrant visa immediately available (approved I-130)
- Have a lawful entry to the United States
Lawful entry means that the individual was admitted or paroled into the United States. For most people, this generally means that you entered the United States with valid documentation and made face to face contact with a U.S. immigration officer and that officer acknowledged your entry to the United States. If you entered with a valid visa, but that visa has since expired, you still had a lawful entry. DACA recipients that initially entered the U.S. without inspection with their parents can obtain a lawful entry by using advance parole. For other individuals that have an unlawful entry but otherwise meet the requirements to adjust status, a waiver may be available. For waiver cases, the guidance of an immigration attorney is highly recommended.
Preparing the AOS Package
If you are in the United States after the I-130 is approved, you’ll probably want to file an adjustment of status package. The AOS package includes several mandatory USCIS forms and some optional forms. It may seem a bit overwhelming, but most people with straightforward cases can prepare the AOS package without the assistance of an attorney.
By accurately preparing these forms, you will greatly increase your chances of having your case processed quickly. As mentioned, Form I-485 is the primary application in the package, but several other USCIS forms may need to be included:
- Form I-485, Application to Register Permanent Residence or Adjust Status
This is a required form used to claim the immigrant visa and adjust status . - Form I-864, Affidavit of Support
This is a required form used to show that the applicant has adequate means of financial support. - Form I-693, Report of Medical Examination and Vaccination Record
This is a required form used to establish that the applicant is not inadmissible on public health grounds. - Form I-765, Application for Employment Authorization
This is an optional form used to request permission to work in the United States. - Form I-131, Application for Travel Document
This is an optional form used to request an Advance Parole travel document a necessary document to re-enter the U.S.
In addition to the forms listed above, USCIS fees and supporting documentation must be submitted. This list of items that must be submitted varies based on your specific situation and answers on the forms. Please refer to the USCIS directions for each USCIS form or the simplified set of instructions when you prepare the package on CitizenPath.
After the approval of an I-130 petition, USCIS will send your file to the National Visa Center (NVC). And the NVC will eventually coordinate the transfer of your case to the U.S. consulate in the country where you reside. This is known as consular processing. NVC will notify you when it is time to begin next steps in processing your approved petition. You will likely go through these steps:
1 | Choose an AgentThe agent is the person that will receive information about your case. You may be the agent, or you may select the petitioner, family member or other person that you trust. |
2 | Pay FeesYou will be required to pay the Immigrant Visa Application Processing Fee and Affidavit of Support Fee. |
3 | Submit Immigrant Visa ApplicationThe DS-260 visa application is prepared and submitted through the Department of State website. |
4 | Send Documents to NVCYou will be required to submit various financial and supporting documents. |
You can reach these services and learn more about each by visiting the Department of State website. Expect this part of the process to take 6-10 weeks.
Once the NVC is satisfied that you have correctly submitted the required documents and have paid the fees, an interview at the U.S. consulate or embassy will be scheduled for you.
In most cases, Family Preference applicants use consular processing to apply for a green card. Due to the limited number of visas available to immigrants in these categories, the wait for an interview can add up to several years. Your I-130 file will remain with the NVC until the priority date becomes current.
Priority Date
Your Priority Date is the date your I-130 petition was filed. So regardless of how long it takes to approve your I-130 petition, your Priority Date is set on the day that USCIS receives and accepts the petition. Your Priority Date serves as your “place in line” when a limited number of visas are available. Use the Visa Bulletin to keep an eye on dates as they become current.
Limited Number of Visas
Each category has a cap on the total number of immigrant visas that can be issued each year. The simplified table below details the numbers of visas available each year.
F1: Unmarried Adult Children of U.S. Citizens
F2A: SPOUSES AND MINOR CHILDREN OF LPRS
F2B: UNMARRIED ADULT CHILDREN OF LPRS
F3: MARRIED ADULT CHILDREN OF U.S. CITIZENS
F4: BROTHERS AND SISTERS OF U.S. CITIZENS
Complicating matters further, the wait can be extended by country limits. The law puts a cap on the number of immigrants that can come to the United States from any one country. Currently, no more than seven percent of the total amount of people immigrating to the United States in a single fiscal year can come from a single country. Most countries are not affected by this cap. But people from countries with high levels of immigration to the United States, such as Mexico and the Philippines, will experience this cap that can make the wait for a green card much longer.
For a more comprehensive overview of the limits set within Family Preference categories, see how the United States immigration system works.
What happens after I-130 is approved depends on numerous factors. Immediate Relatives will be given priority because there is no limit on the number of immigrant visas that can issued each year to this category. On the other hand, individuals in the Family Preference category will generally wait many months, and often several years, before an immigrant visa number is available. A determination must be made if the immigrant will adjust status inside the United States or will submit an immigrant visa application through consular processing at a U.S. embassy or consulate. All of these factors determine the steps that happen after I-130 is approved.
