What is Form I-130 Used For?

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Form I-130, Petition for Alien Relative, is used to establish a relationship between you, a citizen or lawful permanent resident (i.e. green card holder) of the United States, and a relative who wants to immigrate to America. This is the first step in a two-part immigration process for individuals looking to bring relatives into the United States.You will file the Form with U.S. Citizenship and Immigration Services (USCIS). Unlike many immigration forms, you are responsible for completing and submitting the form rather than your relative him or herself.If approved, your relative doesn’t automatically become a lawful permanent resident of the United States and aren’t automatically able to live and work in the country.Instead, the Form’s approval confirms that you have a qualifying familial relationship that your relative can use to apply for permanent residence. Often, this second step is completed at a United States consulate in your relative’s country or through a separate process, should your relative already be in the United States.

There is a range of individuals who may file Form I-485 based on several unique situations:

Based on an Immigrant Petition

If your immigrant petition is approved and a visa number is immediately available or if you are filing Form I-485 with a special Petition that would make a visa number immediately available, you may file the Form.

Based on Being the Spouse or Child at the Time Another Adjustment Applicant Files Form I-485

You may file Form I-485 with the other applicant or anytime after it is approved if you are already in the United States. If you are outside of the United States, you must file Form I-824, Application for Action on an Approved Application or Petition, with the other applicant’s Form I-485 to file the Forms together.

Based on Being the Fiancé of a U.S. Citizen

You may file if you entered the United States as the K-1 fiancé of an existing U.S. citizen and married them within 90 days of entering the country. Likewise, if you had any K-2 child(ren) entering with you, s/he/they may also file for lawful permanent residency.

Based on Asylum Status

If you were granted asylum, you may file Form I-485 after you have been physically present in the United States for 1 year. You may only do so if you still qualify as an asylee or are the spouse or child of a refugee.

Based on Cuban Citizenship or Nationality‍

There are 2 situations where Cuban nationals may apply for lawful residency. In each situation, paroled means you were allowed to enter the U.S. without a visa or for humanitarian reasons:You are a native Cuban citizen, were admitted or paroled into the United States after January 1, 1959, and have been present in the United States for at least 1 year; orYou are the spouse or unmarried child of a Cuban citizen as described above, were admitted or paroled into the U.S. after January 1, 1959, and have been present in the United States for at least 1 year.

Based on Continuous Residency in the U.S. Since Before January 1, 1972

If you’ve been living in the U.S. since before January 1, 1972, you may apply for permanent residency.

Based on a Priority Date That is Not Current But is Valid

Priority dates determine when you are able to file the final stage of the green card process with Form I-485. If your priority date is not current but is considered valid under the Child Status Protection Act or you have a Western Hemisphere Priority Date, you may still file Form I-485.

Form I-485 also allows you to apply to change the date that your permanent residence began. If you were granted lawful permanent residence in the United States before November 6, 1966, are a native or citizen of Cuba, or are the spouse or unmarried child of an individual that meets either of these scenarios, you may change the date of your permanent residence. You are given the option to change the date to either your date of arrival in the U.S. or March 2, 1964, whichever is later.

Find out if you are eligible to apply for a green card:

Last Updated: January 15, 2020.

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The presumption in law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for tourist visas must overcome this presumption by demonstrating that:

• The purpose of their trip is to enter the U.S. for pleasure, or medical treatment;
• That they plan to remain for a specific time period;
• Evidence by the alien that he or she will maintain a foreign residence that he or she has no intention of abandoning during the period of his or her stay in the U.S.;
• That the alien is not engaged in work and will engage solely in legitimate activities relating to pleasure

More specifically the following things are considered while a tourist visa is granted:

• Adequate fund are arranged by the alien to cover the expenses for the trip including his or her stay and return passage;
• Alien has specific and realistic plans for the visit for the entire period of the contemplated visit;
• Alien has a residence outside the U.S. as well as other binding ties, which will insure his or her return abroad at the end of the visit.

Normally, an applicant's chances for getting a visa will be improved if the planned trip is short, the itinerary is clearly listed, the alien can prove that he or she has enough of funds to cover the expenses of his entire trip and has a job at home.

Last Updated: January 15, 2020.

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Applicants for visitor visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.As part of the visa application process, an interview at the embassy consular section is required for visa applicants. Persons below 13 and above 80 years generally do not require an interview, unless requested by embassy or consulate. Each applicant for a visitor visa must submit these forms and documentation, and submit fees as explained below:

• A Nonimmigrant Visa Application, Form DS-156. The application to be accompanied by a letter from a U.S. friend or relative sponsor inviting the alien to the United States;
• A Supplemental Nonimmigrant Visa Application, Form DS-157;
• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.
• Two identical color photographs showing full face without head covering against a light background. One may wear a headdress if required by a religious order of which he or she is a member;
• Information describing the company such as brochures, catalogs, annual reports;
• A copy of tour itinerary; and
• Documentation demonstrating ability and intention of the alien, or that of his or her employer, to support the alien's travel and other expenses while in the U.S.

Applicants must demonstrate that they are properly classifiable as visitors under U.S. law by:

• Evidence, which shows the purpose of the trip, intent to depart the United States, and arrangements made to cover the costs of the trip, may be provided. It is impossible to specify the exact form the documentation should take since applicants' circumstances vary greatly.
• Those applicants who do not have sufficient funds to support themselves while in the U.S. must present convincing evidence that an interested person will provide support.
• Depending on individual circumstances, applicants may provide other documentation substantiating the trip's purpose and specifying the nature of binding obligations, such as family ties or employment, which would compel their return abroad.

Documentation needed as evidence - When Seeking to Travel for Medical Treatment

Last Updated: January 15, 2020.

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Applying for Student Visa

An interview at the embassy consular section is required for visa applicants from age 14 through 79. The waiting time for an interview appointment for applicants can vary. It is important to remember that applying early and providing the requested documents does not guarantee that the student will receive a visa. All applicants for a student visa must provide:

• Form I-20A-B, Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students. Students will need to submit a SEVIS generated Form, I-20, provided by their school. The student and school official must sign the I-20 form. All students, as well as their spouses and dependents must be registered in the Student and Exchange Visitor Information System (SEVIS), an Internet-based system that maintains accurate and current information on non-immigrant students and exchange visitors and their dependents (F-2 visa holders). Students will also have to pay an SEVIS I-901 fee for each program of study;
• A completed and signed application Form DS-156, together with a Form DS-158. Some applicants will also be required to complete and sign Form DS-157;
• An interview at the embassy consular section is required for almost all visa applicants;
• A passport valid for at least six months after your proposed date of entry into the United States;
• A MRV fee receipt to show payment of the visa application fee, a visa issuance fee if applicable and a separate SEVIS I-901 fee receipt. While all F visa applicants must pay the MRV fee, including dependents, only the F-1 principal applicants must pay the SEVIS fee;
• One (1) 2x2 photograph.

The dependents should provide:

• Proof of the student's relationship to his/her spouse and/or children (e.g., marriage and birth certificates.);
• It is preferred that families apply for F-1 and F-2 visas at the same time, but if the spouse and children must apply separately at a later time, they should bring a copy of the student visa holder's passport and visa, along with all other required documents.

Port of Entry

A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record (Form I-94). Since Form I-94 documents your authorized stay in the U.S., it's very important to keep in your passport. Student visitors must have their Form I-20 in their possession each time they enter the United States.

Stay and Extensions

Students are admitted for the duration of status which is necessary to complete a full course of study, a period of authorized practical training following the course of study, plus 60 days.

Last updated: January 15, 2020.

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The presumption in law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for B-1 visas must overcome this presumption by demonstrating that.

• The purpose of their trip is to enter the U.S. for business;
• That they plan to remain for a specific, limited period;
• Evidence of funds to cover expenses for the trip including all travel, accommodation and living expenses during their stay in the U.S. In case of insufficient financial resources to fund the trip, to provide evidence that his or her employer will provide support;
• Evidence of compelling social and economic ties abroad, that the alien has a residence outside the U.S. as well as other binding ties which will ensure his or her return abroad at the end of the visit, and that the alien has a foreign residence that he or she has no intention of abandoning;
• That the alien is not engaged in skilled or unskilled labor, study, or work as a representative of foreign press, radio, film, or other information media; and
• The alien must not be coming to the U.S. to provide services or engage in business activities that are primarily for the benefit of a U.S. employer.

B1 visa is available to visitors coming temporarily to the U.S. to engage in legitimate business activities of a commercial or professional nature. These visa holders may not receive a salary, compensation, etc. from any U.S. source except for reimbursement of incidental travel expenses only.The list of permissible activities under B1 includes engaging in commercial transactions not involving gainful employment, such as taking sales orders or making purchases of inventory or supplies for a foreign employer; negotiating contracts; consulting with business associates; engaging in litigation; or participating in scientific, educational, professional, or business conventions or conferences.The most common specialized activities include persons coming:

• To serve as a personal or domestic servant for a non-immigrant who is on a temporary assignment in the United States, for a U.S. citizen who is subject to international transfers and is in the U.S temporarily, or a U.S. citizen who visits temporarily to the United States but has a residence abroad;
• To participate in an athletic event as a professional athlete who gets remuneration only in the form of any prize money won by the athlete;
• To participate in a voluntary service program which benefits a U.S. local community, who establish that they are a member of, and have a commitment to, a particular recognized religious or nonprofit charitable organization;
• To install, service, or repair, or train U.S. workers to install, service, or repair, equipment or machinery purchased outside of the United States;
• For the purpose of business, which may include conducting negotiations, soliciting sales or investment, and interviewing and hiring staff;
• To perform professional duties that would normally qualify the person for H-1 status except that the alien would not receive any remuneration from a U.S. source;
• To explore the possibilities of setting up subsidiary of a foreign corporation, or to make investments;
• To participate in scientific, educational, professional, or business conventions, conferences or seminars or to conduct research;
• To perform duties including attending board meetings as a member of the board of directors of a U.S. company.

Last Updated: January 15, 2020.

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The following documents will likely be required when you apply for an F-1 visa:

Mandatory documents

Before the interview, you are required to pay a non-refundable visa application fee and then provide the receipt on the interview day. You should also provide one passport photograph, Form DS-160's confirmation page, the original interview appointment letter and a copy of it, the original SEVIS Form I-20 issued to you by a U.S. university, college, or school duly signed by an official of the institution and you, a copy of the Form I-20, Original and a copy of SEVIS Fee Receipt I-901's proof of payment and a valid passport (your passport must be valid for at least six months after your entry into the U.S.; if you just renewed your passport, you have to include your old passport)

Supporting documents

Evidence of sources of finance/income

• You have to provide the following documents as evidence of financial sources:
  • proof of liquid assets and readily available funds to take care of your personal needs and pay for your education
  • employment letter
  • pay stubs

Note that if you are being sponsored by your parents, a family member, any other person, or a business, you have to provide a notarized Form I-134 (Affidavit of Support), tax returns and bank statements of your sponsor covering a period of 6 months. If you took out loans from a bank to pay for your school fees, you should come to the interview not only with the application for the loan but other official documents which can be used to verify the approval of the loan (if only a modest amount is obtained as a loan, you will also be required to show additional liquid assets). If you are given a scholarship by any organization or the university that offers you the admission, your Form I-20 will give details of your scholarship if you have one.

Note that the above-mentioned documents are just suggested documents. Your ability to sponsor your education is not proven by any specific documents. Just come to the interview with all necessary financial documents that show you or your sponsor have adequate funds for your studies in the United States.

Education documents

You should support you application with the original of your academic credentials and certificates, transcripts of your high school diploma or degree transcripts, depending on the program you are doing, approved test scores such as TOEFL, GRE, LSAT, GMAT, and SAT and your grade reports from your previous institution.

Note that you may be able to apply for an F-1 visa if you have not obtained your degree certificate in so far as you provide a provisional certificate and grade reports. If the institution that gave you admission does not require you to take TOEFL or GRE, you should request the university to issue you a letter stating the same.

For detailed information on the options available to you and for expert help on your immigration process, you should contact our office and speak with our experienced and professional attorney.

Last Updated: January 15, 2025.

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For a tourist visa, they are normally given a six-month visa, which can be extended in some cases for an additional six months. In this category of visa, the applicant's spouse and children must independently qualify for the B-2 visa. Questions on visa application procedures and visa ineligibilities should be made to the American consular office abroad by the applicant. If inquiry concerns a visa case in progress overseas, one should first contact the U.S. Embassy or Consulate handling his or her case for status information. A visa does not guarantee entry into the United States. Immigration authorities have the authority to deny admission and can determine the period for which the bearer of a visitor visa is to be authorized to remain in the United States. At the port of entry, an Immigration official must authorize the traveler's admission to the U.S. At that time the Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is stamped. Visitors intend to stay beyond the time indicated on their Form I-94 must contact the USCIS to request Form I-539, Application to Extend status. The decision to grant or deny a request for an extension of stay is made solely by the USCIS.

Last Updated: January 15, 2020.

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An alien, who is on a visitor visa and wants to take a short course of study of less than 18 hours per week, may be able to do so. However, if the course of study is more than 18 hours a week, he/she will need a student visa. F-1 visa is for nonimmigrants wishing to pursue academic studies and/or language training programs. In most countries, first-time student visa applicants are required to appear for an in-person interview. However, each embassy and consulate sets its own interview policies and procedures regarding student visas.

One should keep in mind that June, July, and August are the busiest months in most consular sections, and interview appointments are the most difficult to get during that period. Therefore, students need to plan ahead to avoid having to make repeat visits to the Embassy.

To enter the United States to attend:You need the following visa category:University or collegeFHigh SchoolPrivate elementary schoolSeminaryConservatoryAnother academic institution, including a language training programVocational or other recognized nonacademic institution, other than a language training programM

Students cannot travel on the Visa Waiver Program or with Visitor Visas

Citizens of Visa Waiver Program (VWP) participating countries who intend to study cannot travel on the VWP or on visitor (B) visas, except to undertake a recreational study as part of a tourist visit. Students must travel to the United States with student (F-1 or M-1) visas.

For short periods of recreational study, a Visitor (B) visa can be used

Enrollment in a short recreational course of study, which is not for credit toward a degree or academic certificate, is permitted on a visitor (B) visa.

Study leading to a U.S. conferred degree or certificate is not permitted on a visitor (B) visa, even if it is for a short duration. For example, distance learning which requires a period of time on the institution’s U.S. campus requires an F-1 visa.

Requirements

• The student must be enrolled in an academic education program, not a vocational-type program;
• Educational institution must be approved by U.S. Citizenship and Immigration Services (USCIS);
• The student must be enrolled as a full-time student at the institution;
• The student must be proficient in English or be enrolled in courses leading to English proficiency;
• The student must have sufficient funds available for self-support during the entire proposed course of study; and
• The student must maintain a residence abroad which he/she has no intention of giving up.

The J-1 program aims at promoting the interchange of person, knowledge, and skills. This is applicable to the areas of education, arts, and science and is known as the “Exchange Visitor Program.”

Foreign individuals who want to teach, study, receive training, or demonstrate special skills in the U.S. need to obtain a J-1 visa. The J-1 visa is available for aliens who wish to enter the U.S. under the designation of “Exchange Visitor.”

J-1 visas can either come with a “Home Residency Requirement” (HRR) or without a HRR. However, J-1 visas that require a HRR can be waived under certain circumstances.

In order to obtain a J-1 visa, the sponsor must be accredited through an Exchange Visitor Program, which is designated by the U.S. Department of State (DOS).

J-1 sponsored individuals must fall under any one of these categories:

• Specialist
• College/university student
• Secondary school student
• Government visitor
• International visitor, who need to move into the U.S for the purpose of travel, research, observation, consultation, sharing etc.
• Physician
• Short-term scholar
• Intern
• Au Pair
• Camp Counselor
• Professor and research scholar
• Teacher of primary, secondary and specialized schools
• Summer work travel
• Trainee: Those who obtain eligibility for on-job training in institutions, agencies and firms

The J-1 visa holder is restricted to performing only the activity that is approved by the exchange visitor program. They need to return to their home country and stay there for a period of two years after the completion of the J-1 visa period.

A complete list of the sponsoring organizations is available with the Department of State (DOS.)

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.