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form I-130 tips to avoid delays and extra fees | godoy law office immigration lawyers

Form I-130 Tips to Avoid Delays and Extra Fees

On July 11, 2022,  the Office of the Citizenship and Immigration Services Ombudsman issued tips to avoid delays and extra fees when filing Form I-130, Petition for Alien Relative.

What Is Form I-130, Petition for Alien Relative?

Form I-130 (the Petition for Alien Relative) is used to establish that a valid family relationship exists between a U.S. citizen or green card holder and a person seeking a green card. An I-130 is a petition for a family-based immigrant visa that starts the process of getting a green card. Form I-130 is filed to establish an eligible family relationship with a foreign relative to inform USCIS that you intend to help that person obtain a green card (permanent residency) in the United States.

USCIS Form I-130 Tips

Questions 61 and 62: Choose One

Form I-130 allows you to choose both options 61 and 62. However, if you select consular processing abroad, USCIS will send your application to the National Visa Center (NVC). If you select adjustment of status, USCIS will send your application to the National Records Center. Only choose 61 or 62: not both options, so your application is not delayed, and additional fees are not incurred.

If you select both options, the Ombudsman’s Office has received several cases where USCIS rerouted the application:

  • the applicant had to file Form I-824, Form I-824, Application for Action on an Approved Application or Petition
  • the applicant had to pay an additional $465 filing fee
  • the Form I-824 processing time is 3.5 to 22.5 months

To change your selection while your I-130 is still pending, applicants can contact the USCIS Contact Center. If you have questions about completing your Form I-130, you should speak to an experienced immigration attorney who can explain the process to you and help you through the process, so your application does not have unnecessary delays and fees.

Contact Us About Your I-130

Do you live in Illinois and want to apply for a green card and need help with an I-10?? Mario Godoy and the other experienced immigration attorneys at the Godoy Law Office can assess your situation and advise you on your best options. Contact our office today at 630-912-0322 to learn more about your immigration options.

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