What Happens after I-130 Approved?
Updated on 05/25/2024
You have filed form I-130 on behalf of a qualified relative – your spouse, child, parent or sibling. After pending for months, or perhaps even years, the form is approved. Congratulations! Now I-130 approved what next? There are several possible steps, depending on the circumstances.
1. Filing Form I-130, the First Step to Sponsor Green Card for Your Qualified Relative
In order to sponsor green card for your qualified relative, you must file a Form I-130, Petition for Alien Relative first with USCIS. This form is used to demonstrate that an eligible relationship exists between you and your qualified relative.
As a U.S. citizen, you are eligible to file Form I-130 on behalf of the following qualified relative:
- Spouse
- Unmarried child under 21 years of age
- Parent
- Unmarried son or daughter over 21 years of age
- Married son or daughter
- Sibling
As a lawful permanent resident, you are eligible to file Form I-130 on behalf of the following qualified relative:
- Spouse
- Unmarried child under 21 years of age
- Unmarried son or daughter over 21 years of age
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 petition for spouse, parent, child, or sibling, or if you are a lawful permanent resident and plan to file an I-130 petition for spouse/child.
2. What’s next after I-130 approved?
The next step will be determined whether the visa number is available for such type of visa category. The U.S. government places a quota on the number of visa number issued per year. Every month, the Department of State will issue a visa bulletin which releases the availability of visa number. This total visa number is further divided based on family relationship and country of origin.
Immediate relatives of U.S. citizens
An immediate relative is defined as your spouse, unmarried child under the age of 21 or parent. Fortunately, there is no limit on the number of visa number that can be issued for immediate relatives of U.S. citizens.
Thus, if your immediate relatives are entered the United States legally, then they may file Form I-485 adjustment of status (AOS) application to obtain a green card inside the United States. Actually, Form I-485 can be concurrently filed with Form I-130 for immediate relatives of U.S. citizens. You may learn more about adjustment of status processing in the next section.
If your immediate relatives are outside the U.S., they will need to go through the consular processing to obtain an immigrant visa at a U.S. consulate once form I-130 is approved. This consular processing will be explained in more detail below.
Other qualified relatives of U.S. citizens or permanent residents
If you are a U.S. citizen petitioning for your son or daughter over the age of 21 or your sibling, they will not be able to start adjustment of status processing or consular processing because there will not yet be an immigrant visa available. This same situation is also frequently the case for any qualified relative if you are a lawful permanent resident. You will need to consult the visa bulletin to determine when to start the adjustment of status processing or consular processing.
There is considerable variation on the visa waiting period. For example, the unmarried adult son or daughter of a permanent resident born in China Mainland will have to wait about 8 years, but the sibling of a U.S. citizen born in Mexico will have to wait more than 20 years.
3. I-485 Adjustment of Status Processing
Form I-485 is used to determine whether your relative is eligible to obtain a green card based on an approved I-130. Any inadmissible grounds of your relative will bar him or her from obtaining a green card. General inadmissible grounds include health, criminal activity, national security, public charge, fraud and misrepresentation, prior removals, and several miscellaneous categories.
As described above, immediate relatives of U.S. citizens can file Form I-485 together with Form I-130 or after filing Form I-130 as long as they entered the United States legally. Other qualified relatives of U.S. citizens or permanent residents can file Form I-485 only when 1) the visa number is current based to USCIS’s I-485 filing chart; and 2) they entered the United States legally and keep a legal status on the date of filing Form I-485. Learn more about what documents needed for filing Form I-485 here.
After filing Form I-485, they will receive I-797 receipt notice in the next 2-4 weeks. Your immediate relative will also receive biometrics appointment notice in 3-6 weeks after filing. For most I-485 applications including marriage-based applications interview will be waived and the green card will be issued upon the adjudication of Form I-485. If there is interview notice, you will need to accompany them to the interview. The USCIS officer conducting the interview will determine if they should receive a green card.
4. National Visa Center Consular Processing
If your qualified relatives are outside the United States and will not adjust their status, they will go through consular processing instead and receive their green card through a U.S. consulate. USCIS will automatically send cases to the National Visa Center (NVC) after Form I-130 is approved. The NVC now is processing all the cases through Consular Electronic Application Center (CEAC). It is an online portal; means you need to pay and submit documents online.
If you are a U.S. citizen and they are an immediate relative, they can start consular processing almost as soon as Form I-130 is approved. It will take about 2-6 weeks for the NVC to get the case setup, after which you will be notified that you can submit documents. If they are not an immediate relative or you are a lawful permanent resident, you will need to consult the visa bulletin to estimate when that process can begin. Whatsoever, you will be notified by NVC when it is time to submit documents for a consular processing.
You will have to pay consular processing fees. It will take about 1-2 weeks for the NVC to process the payment, after which you can submit DS-260 application for immigration and the documents needed for consular processing. Once documents are submitted, it will take about 1-3 months for the NVC to review them. If some of documents are missing or not complete, the NVC will notify you to re-submit. Apparently, resubmission will delay your case for sure.
If all the required documents are complete, the NVC will coordinate with the U.S. consulate to schedule an immigrant visa interview on condition that immigrant visa number is available.
The amount of time needed to schedule an immigrant visa interview can vary widely depending on the consulate. After your relative is scheduled an interview, they will need to prepare for it by getting a medical exam and making sure they have either original or certified copies of all documents that were previously submitted.
The consular officer will either approve, request for additional evidence or deny the immigrant visa application. Approval is not always immediate; it can sometimes take up to six months before all administrative processing is complete. Once the immigrant visa is issued, your relative will have up to six or three months from the issuance of the medical exam report to arrive at a U.S. port of entry. Do not forget to pay an immigrant fee so that a lawful permanent residency card (Green Card) can be mailed to them after they land on the United States with the immigrant visa.
Your relative will be stamped an I-551 as a lawful permanent resident upon entry to the United States. The I-551 stamp on their passport is valid for 1 year so that they can enter and exit the USA during that period without a physical green card at hand. They will receive their physical green card within 3 months upon entry.
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Related Topics:
How to Apply for a Green Card?
Who May File I-130 Immigrant Petition and Its Checklist
I-130 Processing Time-What Happens after Filing
A Complete Guide of Adjustment of Status
Form I-485 Adjustment of Status, Explained
How to Check Green Card Case Status?
Who is the Petitioner in USCIS Applications?
Income or Asset Requirements for I-864 Affidavit of Support
What to Expect at an Immigration Medical Exam?
Apply for Green Card through Consular Processing
How to Apply for Green Card for Spouse through Consular Processing?
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