When a lawful permanent resident (LPR) fills out Form I-130, Petition for Alien Relative, on behalf of an immediate family member, the LPR will need to indicate their place of admission. If the LPR entered the United States under an immigrant visa, this refers to the US Port of Entry where they were inspected and admitted into the United States. If the LPR received an adjustment of status from USCIS, this refers to the USCIS field office that handled the Green Card interview.
With older Green Cards, you can find the date and place of admission on the back of the card. The city will be listed in code, such as BUF for Buffalo NY, or SFR for San Francisco CA. The date is also listed in code, with the two-digit year followed by the two-digit month and two-digit day. For example, someone who entered the United States under an immigrant visa on October 16, 1996, would have 961016 listed as the date of admission.
On newer Green Cards, the date of admission is listed on the front of the card, but the place of admission has been removed. If your Green Card does not include your place of admission, you’ll just need to list where you were approved for permanent residency (refer to the date of admission listed on the front of the card to jog your memory, if necessary).
You will also need to include your class of admission on Form I-130. If you have an immigrant visa, this refers to the visa code listed on your US visa. If you have Green Card, this refers to the basis for your permanent residency and should be listed on your Green Card.
Other Common Questions for Form I-130, Petition for Alien Relative
Following is a brief overview of some of the most common questions petitioners have when completing Form I-130. If you have any specific questions or require further clarification for your unique situation, you should consult with an immigration attorney.
Petitioners filing on behalf of a spouse will need to complete Form I-130A in addition to Form I-130. If the spouse is in the United States, he or she must sign Form I-130A. If they are outside of the United States, their signature is unnecessary.
Married Children of Lawful Permanent Residents
Unfortunately, there isn’t a visa category for married children of LPRs. If you file Form I-130 on behalf of an unmarried son or daughter who gets married before immigrating to the United States or before receiving a Green Card, USCIS will automatically deny or revoke the petition.
Non-Citizen US Nationals
Non-citizen US nationals may petition for permanent residency on behalf of family members as if they themselves are a lawful permanent resident. In Part 2, Item Number 36, the non-citizen US national should simply write that they are an LPR. They do not need to list an Alien Registration Number in Part 2, Item Number 1 of the petition.
If the petitioner is a US citizen and the beneficiary is a son, daughter, or sibling (21 or older), you do not need to file a separate petition for the beneficiary’s spouse or unmarried children (under 21), as they are considered derivative beneficiaries. Similarly, if the petitioner is an LPR and the beneficiary is the petitioner’s spouse or unmarried child, you do not need to file a separate petition for the beneficiary’s unmarried children (under 21), as they are considered derivative beneficiaries. In both cases, you should list the derivative beneficiaries in Part 4 of the petition.
The petitioner must sign each Form I-130, even if there are multiple forms for multiple family members. USCIS will not accept stamped or typewritten names. If the petitioner is mentally incompetent, a legal guardian may sign on their behalf.
Filing Fee and Biometric Services Fee
Form I-130 carries a $535 filing fee. Each petition must be accompanied by the appropriate filing fee, even if there are multiple petitions. If your petition requires biometric services (fingerprints), USCIS will notify you and provide you with instructions on how to submit any biometric services fees.
Submitting Required Evidence
All required evidence and supporting documentation should be filed with Form I-130. Any missing items may result in a Notice of Intent to Deny (NOID) or a Denial Notice.
What to Do If You Run Out of Space
If you need additional space to provide information, your first option is to use the space provided in Part 9. If you need even more space than Part 9 allows, you may attach a separate sheet of paper with your name and A-Number (if applicable) at the top. For each question that you answer on this additional sheet, indicate the page, part, and item to which your answer refers. Finally, be sure to sign and date each sheet when you are finished.
Responding to Questions That Do Not Apply
If you come across a question that does not apply to you, simply type or print “N/A” unless otherwise directed. If the question asks for a numerical response (e.g. how many children do you have?), type or print “None” unless otherwise directed.
USCIS Online Account Number
If you have previously filed a petition, application, or request with USCIS online, your Online Account Number will be listed on your USCIS profile page. If the petition, application, or request was filed on paper at a USCIS Lockbox facility, USCIS should have issued a receipt notice with an Online Account Number at the top of the notice. In either case, include this number in Part 2, Item Number 2. Don’t confuse this with an A-Number, as these are separate issues.
Form I-94 Arrival-Departure Record
Part 4, Item Numbers 46.b – 50 relate to Form I-94, Arrival-Departure Record. If you entered the United States prior to April 30, 2013, you should have been issued this document by US Customs and Border Protection or USCIS at the US Port of Entry. If you entered the United States after April 30, 2013, you may have been issued an electronic Form I-94 instead. To retrieve an electronic copy of Form I-94, visit www.cbp.gov/i94. If you do not have your Form I-94 and you cannot retrieve an electronic copy from the CBP website, you may request a paper copy from USCIS by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record.
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