A Sometimes Torturous Process

Despite the challenges, I love spending time in our drop-in office. However, one thing that gives me some gray hairs is trying to figure out and explain issues related to one particular immigration form, the I-130, and its follow-up steps. Are you up for a little taste of immigration workings as I explain my common experiences with this one immigration form?

The I-130 is also referred to as a Petition for Alien Relative. What is it for? Basically, it is designed to open the door for a relative to be considered for U.S. immigration by demonstrating a qualifying family relationship. If successful, the beneficiary will be on their way to getting a green card, after completing a few additional steps, of course.

Who can file one of these petitions? A U.S. citizen can file for their spouse, children, parents, or siblings. A green card holder (AKA Lawful Permanent Resident) can also file, but only for their spouse or children, and children only qualify if they are not married.

Status and relationship matter. The process is fastest for petitions from citizens filing for their spouse, young child, or parent. For all others, there is an extra waiting period before the beneficiary can apply for their immigrant visa. The worst-case scenario right now is for a married child of a U.S. citizen. The U.S. government is currently processing immigrant visa applications for these married children of U.S. citizens who submitted an I-130 in November of 2000. Those who started the process more recently are in a very long line.

The I-130 application is twelve pages long with 151(ish) questions related to names, contact information, marriage and family information, immigration details, employment history, and what you look like, some with multiple components. Every answer must be accurate. Accompanying the application must be documents that prove identity, relationship, and immigration status.

After submission of the I-130 comes the first round of waiting. According to the U.S. Citizenship and Immigration Services (USCIS) website, 80% of petitions from citizens for a spouse, child, or parent are completed within 16.5 months. For noncitizens, the waiting time might be similar for a decision on the I-130, but then there is another waiting period before the subsequent immigrant visa application can be submitted. The wait can be years, or even decades. Also, please note that 80% are resolved within a “normal” timeframe. I’ve seen plenty of the other 20%, which can unexplainably take much longer.

If the beneficiary family member resides overseas, they will need to complete a visa application and provide lots of supporting documents and fees. After submission of most of these materials, another waiting game begins, a wait that I’ve seen take well over a year. The wait is simply to get an interview appointment at the U.S. consulate handling the application. A medical exam must be completed before the interview, but not too soon because it is only valid for a short time. But it must be far enough ahead of time that all the results are available before the interview.

I’ve met quite a few people trying to understand what is happening with their case and waiting for these various steps to be completed. It isn’t uncommon for the wait times to go far beyond what is expected, and it is nearly impossible to get an explanation from USCIS or anyone else. Sometimes the only remaining option is to ask a legislator to help. Sometimes their looking into things results in a quick resolution. Other times, there still isn’t a good explanation and the wait continues.

Once everything is completed and approved, travel can typically be arranged and completed quickly. It is exciting to see families finally able to live together, some for the first time. There might still be an obnoxious wait for green cards to show up for the recently-arrived family members, but it sure feels great for the separation and some of those government paperwork struggles to be a thing of the past.