Sample I-130 Cover Letter
Updated on 03/07/2021
The Form I-130, Petition for Alien Relative, is one of the most frequently submitted applications sent to the USCIS. It is required for all family-based immigration, including green card for spouse, green card for parents, green card for child and green card for siblings. When submitting a Form I-130 to the USCIS, a cover letter is not required. However, some applicants like to use a cover letter as a way to show polite etiquette, and others use the cover sheet as a method of organization. In practice, a cover letter is very helpful so that the I-130 immigrant petition could be properly accepted and processed by the USCIS.
The following sample cover letters are prepared by an immigration attorney with extensive experience. Actually, with these cover letters, you may have a clear picture about what documents you need to submit with your I-130 petition. In other words, it can be considered as an I-130 checklist.
10. Download Sample I-130 Cover Letter—Lawful Permanent Resident Petitions Spouse (minor child will be automatically included)
U.S citizens or lawful permanent residents may also file an I-130 immigrant petition for their adopted child who has been legally adopted before 16 years old, or before 18 years year old if his or her sibling has been adopted. However, it is recommended to consult an immigration attorney first because I-130 petition for an adoptive child is much more complicated.
Not sure if you’re eligible to file an I-130 petition for your relative? You can free check eligibility through DYgreencard.com without providing any personal information. Free check your eligibility if you are a U.S. citizen and plan to file an I-130 immigrant petition for spouse, parent, child, or sibling, or if you are a lawful permanent resident and plan to file an I-130 immigrant petition for spouse/child.
Special reminder when petitioning spouse who has been in removal proceeding
When someone marries a foreign national while they were the subject of an exclusion, deportation, removal, or rescission proceeding, they might not qualify for an I-130 marriage green card without a bona fide marriage exemption.
I-130 petitioner’s spouse who is inadmissible to the United States on the date of the wedding might consider drafting an explanation to request for a bona fide marriage exemption. This request can make it clear to the USCIS that the union was legally valid where it took place. It can also how that the marriage was entered into in good faith rather than for the purpose of getting a green card. Such explanation should be included in the I-130 cover letter.
Special reminder for an I-130 petitioner who obtained green card through a prior marriage
Those who have remarried after gaining a green card through a prior spouse may also need to include an explanation in the I-130 cover letter. It either explains that the petitioner is a widow or widower, or would state that they entered into their prior marriage in good faith.
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