Fill out Form I-130, Petition for Alien Relative with Instafill.ai
Form I-130, Petition for Alien Relative, is a form used by U.S. citizens and lawful permanent residents to establish a relationship to certain alien relatives who wish to immigrate to the United States. It is the first step in helping a relative immigrate and is crucial for family reunification under U.S. immigration law.
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Follow these steps to fill out your I-130 form online using Instafill.ai:
- 1 Visit instafill.ai and select Form I-130.
- 2 Enter petitioner's personal information.
- 3 Provide beneficiary's details and relationship.
- 4 Fill in employment and address history.
- 5 Sign and date the form electronically.
- 6 Check for accuracy and submit the form.
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Frequently Asked Questions About Form Form I-130
Form I-130, Petition for Alien Relative, is used by U.S. citizens or lawful permanent residents to establish a relationship to certain alien relatives who wish to immigrate to the United States. This form is the first step in helping an eligible relative apply to immigrate to the U.S. and get a Green Card.
Form I-130 can be filed by U.S. citizens or lawful permanent residents who wish to sponsor certain family members for immigration to the United States. Eligible family members include spouses, children, parents, and siblings, depending on the petitioner's immigration status.
The petitioner must provide their full name, address, date and place of birth, immigration status (U.S. citizen or lawful permanent resident), and information about any previous filings for the same or another beneficiary. Additionally, the petitioner must provide evidence of their status and relationship to the beneficiary.
The beneficiary's information required on Form I-130 includes their full name, address, date and place of birth, relationship to the petitioner, and marital status. The petitioner must also provide evidence of the beneficiary's identity and the relationship between the petitioner and the beneficiary.
If you have an attorney or accredited representative, you must complete and submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along with your Form I-130. This form provides the attorney or representative's information and authorizes them to represent you in your immigration case.
If you need extra space to complete any section of Form I-130, you should attach additional sheets of paper. Make sure to write your name and Alien Registration Number (if any) at the top of each sheet. Indicate the part and item number to which your answer refers. It's important to clearly label any additional information to ensure it is properly associated with the correct section of your petition.
To provide information about your marital status on Form I-130, you must fill out the section that asks for your current marital status. You will need to indicate whether you are single, married, divorced, widowed, or legally separated. If you are married, you must also provide details about your current marriage, including the date and place of marriage, and information about your spouse. If you have been previously married, you must provide details about your previous marriages, including how and when they ended.
On Form I-130, you are required to provide details about the beneficiary's family members, including their spouse and children. This includes their full names, dates of birth, places of birth, and their relationship to the beneficiary. If the beneficiary has children, you must also indicate whether they are married or unmarried and provide their current addresses. This information helps establish the family relationship and is crucial for the immigration process.
To indicate if the beneficiary has ever been in the United States on Form I-130, you must answer the specific questions related to the beneficiary's immigration history. This includes providing details about any previous visits to the U.S., such as the dates of entry and departure, the immigration status during those visits, and whether they have ever been in removal proceedings. Accurate and complete information is essential for the processing of the petition.
The process for indicating the beneficiary's employment information on Form I-130 involves providing details about the beneficiary's current and past employment. This includes the name and address of the employer, the type of business or industry, the beneficiary's job title, and the dates of employment. If the beneficiary is currently unemployed, you should indicate this and provide information about their last employment. This information helps assess the beneficiary's background and is part of the overall evaluation of the petition.
You must disclose any previous petitions filed for the beneficiary by completing the relevant sections of Form I-130. This includes providing details about the type of petition, the date it was filed, and the outcome of the petition. It's crucial to be thorough and accurate to avoid delays or issues with your current petition.
Falsifying information on Form I-130 can lead to severe penalties, including but not limited to, the denial of the petition, fines, and imprisonment. It's considered a federal offense to knowingly provide false information or documents in support of an immigration petition.
You certify that the information provided on Form I-130 is true and correct by signing and dating the form. Your signature serves as a legal attestation that all the information you've provided is accurate to the best of your knowledge. It's important to review all the information carefully before signing to ensure its accuracy.
If you used an interpreter to complete Form I-130, you must include a certification from the interpreter. This certification should state that the interpreter is fluent in both English and the language used by the petitioner, and that they accurately translated the information provided on the form. The interpreter must also sign and date the certification.
If someone other than the petitioner prepared Form I-130, you must provide their information in the 'Preparer's Information' section of the form. This includes the preparer's full name, address, and signature. Additionally, if the preparer is an attorney or accredited representative, they must also provide their contact information and indicate their representation status.
Part 9 of Form I-130, titled 'Additional Information,' allows the petitioner to provide any additional information that may be relevant to the petition. This could include details about the petitioner's or beneficiary's background, any previous petitions filed, or any other information that could assist in the processing of the petition. It's important to ensure that all information provided is accurate and truthful.
To indicate that the beneficiary will apply for adjustment of status in the United States, the petitioner should check the appropriate box in Part 4, 'Information About Beneficiary,' under the section 'Beneficiary's Immigration Status.' This section asks whether the beneficiary is in the United States and will apply for adjustment of status. Selecting 'Yes' here indicates that the beneficiary intends to adjust status within the U.S.
If the beneficiary's native written language does not use Roman letters, any documents submitted in that language must be accompanied by a full English translation. The translator must certify that the translation is complete and accurate, and that they are competent to translate from the foreign language into English. This requirement ensures that USCIS officers can fully understand all documents submitted with the petition.
The beneficiary's address history is provided in Part 4, 'Information About Beneficiary,' of Form I-130. The petitioner must list all addresses where the beneficiary has lived since the age of 16, starting with the most recent address. For each address, include the street name and number, city or town, state or province, country, and postal code. If the beneficiary has lived at more than five addresses since the age of 16, additional sheets may be attached to provide the complete address history.
The petitioner's signature on Form I-130 is a declaration that the information provided in the petition is true and correct to the best of the petitioner's knowledge. By signing the form, the petitioner also acknowledges that knowingly providing false information or making a false statement in an attempt to obtain immigration benefits can result in severe penalties, including fines and imprisonment. The signature is required to validate the petition and must be signed in ink.
You can download a printable version of Form I-130
here.
Compliance Form I-130
Validation Checks by Instafill.ai
1
Verifies that the petitioner has selected the appropriate box indicating if they gained lawful permanent resident status or citizenship through adoption.
Ensures that the petitioner accurately indicates their status regarding lawful permanent residency or citizenship through adoption. This validation is crucial for determining the petitioner's eligibility and the correct processing of the petition. It checks for the selection of the appropriate box that reflects the petitioner's status, ensuring compliance with USCIS requirements. This step is essential for maintaining the integrity of the immigration process and for the accurate assessment of the petitioner's background.
2
Confirms that the Attorney State Bar Number is provided if applicable and that the box for Form G-28 attachment is selected when necessary.
Verifies the presence of the Attorney State Bar Number when legal representation is involved in the petition. This check ensures that all legal representatives are properly identified and authorized to act on behalf of the petitioner. It also confirms that the box indicating the attachment of Form G-28 is selected, which is necessary when an attorney or accredited representative is representing the petitioner. This validation is key to ensuring that all legal procedures are correctly followed and documented.
3
Ensures that the USCIS Online Account Number is entered if the petitioner has one.
Checks for the inclusion of the USCIS Online Account Number, if applicable, to facilitate the petitioner's access to their online account and case information. This validation ensures that the petitioner's online interactions with USCIS are streamlined and that their case can be easily tracked and managed online. It is important for petitioners who wish to receive updates and communicate with USCIS through their online account. This step enhances the efficiency of the petition process and the petitioner's experience.
4
Validates that the relationship with the beneficiary is correctly selected and detailed in Part 1, including specifics about adoption if applicable.
Ensures that the petitioner accurately describes their relationship to the beneficiary, including any details about adoption if relevant. This validation is critical for determining the eligibility of the beneficiary based on their relationship to the petitioner. It checks that the correct relationship category is selected and that all necessary details are provided, ensuring that the petition is processed according to the correct immigration category. This step is fundamental for the accurate assessment of the petition and the beneficiary's eligibility.
5
Checks that the petitioner's full name, U.S. Social Security Number, Alien Registration Number, and other personal details are accurately provided in Part 2.
Verifies the accuracy and completeness of the petitioner's personal information, including their full name, U.S. Social Security Number, Alien Registration Number, and other relevant details. This validation ensures that the petitioner is correctly identified and that their personal information matches USCIS records. It is essential for the integrity of the petition process and for preventing identity fraud. This step is crucial for the accurate processing of the petition and for maintaining the security of the petitioner's personal information.
6
Ensures that the petitioner's marital information, including current status and details about all spouses, is correctly filled out.
The AI software verifies that the petitioner's marital status is accurately reported, including whether they are single, married, divorced, or widowed. It ensures that details about all current and previous spouses are provided, including names, dates of marriage, and how the marriage ended if applicable. This check is crucial for determining the petitioner's eligibility and the nature of the relationship with the beneficiary. The software also confirms that any required documentation supporting the marital status is referenced or attached.
7
Confirms that the petitioner's parents' full names, dates of birth, countries of birth, and countries of residence are accurately provided.
The AI software checks that the petitioner has accurately provided the full names of both parents, ensuring no fields are left blank. It verifies the dates of birth for both parents, confirming they are in the correct format and logically consistent. The software also ensures that the countries of birth and current countries of residence for both parents are correctly indicated, which is essential for background checks and eligibility assessments. This information helps in establishing the petitioner's familial background and lineage.
8
Validates that the petitioner's current status (U.S. Citizen or Lawful Permanent Resident) and details about how they obtained their status are correctly indicated.
The AI software ensures that the petitioner's current immigration status is accurately reported, whether they are a U.S. Citizen or a Lawful Permanent Resident. It verifies that the method by which the petitioner obtained their status is correctly detailed, including dates and any relevant documentation numbers. This check is vital for confirming the petitioner's eligibility to file the petition. The software also ensures that any discrepancies in the status or the method of obtaining it are flagged for review.
9
Checks that the petitioner's biographic information, including ethnicity, race, height, weight, and eye color, is accurately provided in Part 3.
The AI software confirms that the petitioner's biographic information in Part 3 is complete and accurate, including ethnicity, race, height, weight, and eye color. It ensures that all fields are filled out according to the specified format, such as height in feet and inches and weight in pounds. This information is crucial for identification purposes and must match other official documents. The software also checks for any inconsistencies or missing information that could delay the processing of the petition.
10
Ensures that detailed information about the beneficiary, including their full name, other names used, and personal details, is correctly filled out in Part 4.
The AI software verifies that the beneficiary's full name is accurately provided, including any other names they have used, such as maiden names or aliases. It ensures that personal details about the beneficiary, such as date and place of birth, are correctly filled out and match other official documents. This check is essential for accurately identifying the beneficiary and ensuring the petition is processed without delays. The software also confirms that any additional required information about the beneficiary's background and relationship to the petitioner is accurately provided.
11
Confirms that the beneficiary's entry information, including their current immigration status and employment details, is accurately provided.
Ensures that all details regarding the beneficiary's entry into the country, their current immigration status, and employment information are accurately and completely filled out. This validation is crucial for assessing the beneficiary's eligibility and for processing the petition efficiently. It checks for consistency and completeness in the provided information to avoid any discrepancies that could delay the petition process. The system also verifies that the information aligns with any existing records or databases to ensure accuracy.
12
Validates that questions about previous petitions filed for the beneficiary or any other alien are answered correctly in Part 5.
Verifies that all questions related to previous petitions filed for the beneficiary or any other alien are answered accurately in Part 5 of the form. This includes checking for any history of petitions that might affect the current application. The system ensures that the responses are consistent with USCIS records and that any required additional documentation is referenced or attached. This step is essential for maintaining the integrity of the immigration process and for identifying any potential issues early on.
13
Checks that the petitioner's contact information, including telephone numbers and email address, is accurately provided.
Confirms that the petitioner's contact information, such as telephone numbers and email addresses, is correctly and completely provided. This validation ensures that USCIS can easily reach out to the petitioner for any clarifications or additional information needed during the processing of the petition. It checks for the presence of valid contact details and verifies their format to prevent communication issues. Accurate contact information is vital for the timely and efficient processing of the petition.
14
Ensures that the Petitioner's Statement, Declaration, and Certification are signed and dated by the petitioner.
Ensures that the Petitioner's Statement, Declaration, and Certification sections are properly signed and dated by the petitioner. This validation is critical for the legal validity of the petition, as it confirms the petitioner's acknowledgment and agreement to the statements made. The system checks for the presence of a signature and a date to ensure that these sections are not left incomplete. It also verifies that the date of signing is logical and consistent with the timeline of the petition submission.
15
Confirms that if an interpreter or preparer was used, Parts 7 and 8 are completed with their information and signatures.
Confirms that if an interpreter or preparer assisted in completing the form, Parts 7 and 8 are fully completed with their information and signatures. This includes verifying that all required details about the interpreter or preparer are provided, such as their name, address, and signature. The system ensures that these sections are not overlooked, as they are essential for transparency and accountability in the petition process. It also checks that the information provided matches any additional documentation submitted regarding the interpreter or preparer.
Common Mistakes in Completing Form I-130
Selecting the wrong relationship category between the petitioner and the beneficiary is a frequent error that can lead to delays or denial of the petition. It is crucial to carefully review the relationship options provided in the form and select the one that accurately reflects the familial connection. Consulting the form instructions or seeking legal advice can help ensure the correct selection. Always double-check this information before submission to avoid unnecessary complications.
Failing to provide the USCIS Online Account Number or entering it incorrectly can hinder the processing of the petition. This number is essential for tracking the application status online. Ensure that the number is accurately copied from the USCIS account and entered in the designated field. If you do not have an account number, it is advisable to create one before filing the petition to facilitate smoother communication and tracking.
An incomplete address history of the petitioner can raise questions about the petitioner's background and eligibility. It is important to provide a complete and accurate address history for the past five years, including dates of residence. Gaps in the address history should be explained in the additional information section if necessary. Thoroughly reviewing past records and documents can help ensure that all addresses are correctly listed.
Providing incorrect or incomplete marital information can significantly impact the petition's outcome. It is essential to accurately report the petitioner's and beneficiary's marital status, including dates of marriage, divorce, or death of a spouse. Any discrepancies in this information can lead to delays or denial. Reviewing legal documents and consulting with a legal expert can help ensure the accuracy of this critical information.
Omitting or inaccurately reporting the petitioner's parents' details can affect the petition's integrity. The form requires the full names, dates of birth, and places of birth of the petitioner's parents. Ensuring that this information is complete and accurate is vital for establishing the petitioner's identity and familial relationships. Double-checking birth certificates and other official documents can help prevent errors in this section.
A frequent error is indicating the wrong current immigration status of the petitioner or beneficiary. This can lead to delays or denials of the petition. To avoid this, carefully review the current immigration status and ensure it matches the official records. If unsure, consult with an immigration attorney or refer to the latest immigration documents. Accurate status indication is crucial for the correct processing of the petition.
Failing to provide complete biographic information for the beneficiary is a common oversight. This includes missing details such as full name, date of birth, and country of birth. Ensure all sections of the form related to the beneficiary's biographic information are filled out thoroughly. Double-check the information against official documents like passports or birth certificates to ensure accuracy. Incomplete information can result in processing delays or requests for additional evidence.
Another common mistake is omitting or incorrectly stating the beneficiary's entry information into the United States, such as the date and place of entry. This information is vital for establishing the beneficiary's immigration history. Verify the beneficiary's entry details with their I-94 arrival/departure record or other immigration documents. Providing accurate entry information helps in assessing the beneficiary's eligibility and avoids unnecessary delays.
Not disclosing previous petitions filed for the beneficiary or other relatives can lead to serious consequences, including denial of the current petition. It is essential to provide a complete history of any previous petitions, regardless of their outcome. Review all past immigration applications and petitions to ensure full disclosure. Transparency in this area is critical for maintaining the integrity of the immigration process.
Providing incomplete contact information for either the petitioner or the beneficiary is a mistake that can hinder communication from the USCIS. Ensure that all contact details, including phone numbers and email addresses, are current and accurate. It's also important to include a reliable mailing address where correspondence can be received. Accurate and complete contact information facilitates smooth communication and timely updates regarding the petition's status.
A critical oversight is submitting Form I-130 without the petitioner's signature or date. This omission can lead to immediate rejection or significant delays in processing. It's essential to review the form thoroughly before submission to ensure all required fields, including the signature and date, are completed. Utilizing a checklist can help in verifying that all necessary steps have been followed. Additionally, setting a reminder to double-check these details can prevent this common mistake.
Failing to accurately provide or completely omitting interpreter or preparer information is a frequent error. This information is crucial for the USCIS to understand who assisted in the preparation of the form, if applicable. Ensure that all sections related to interpreters or preparers are filled out correctly, including their names, addresses, and signatures. If no assistance was used, it's important to clearly indicate this to avoid confusion or requests for additional information.
Not including all necessary supporting documents with the Form I-130 submission is a common mistake that can halt the application process. Each petition requires specific evidence to establish the relationship between the petitioner and the beneficiary. Carefully review the USCIS instructions for Form I-130 to identify all required documents. Organizing and attaching these documents in the order specified can streamline the review process and reduce the likelihood of delays.
Using ink colors other than black or handwriting that is difficult to read can lead to processing delays. USCIS specifically requires forms to be completed in black ink to ensure clarity and legibility, especially when forms are scanned or photocopied. Taking the time to write clearly and legibly, or opting to type the information when possible, can significantly reduce the risk of misinterpretation. If handwriting, practicing on a separate sheet before finalizing the form can improve legibility.
Overlooking the need to provide additional information in Part 9, when applicable, is a mistake that can affect the completeness of the petition. Part 9 is designed for petitioners to include any extra details that could support their case or clarify information provided elsewhere in the form. Reviewing the form instructions to understand when additional information is necessary can help in ensuring that all relevant details are included. Leaving this section blank when it should be filled out can lead to unnecessary delays or requests for further evidence.
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