Once your I-130 petition is approved, you may be feeling a sense of relief, knowing that you’ve passed an important step in the U.S. immigration process. But you might also have questions about what comes next. What happens after your I-130 is approved? What steps do you need to take, and how long will it take? This article will answer these questions in detail, guiding you through the next phases of the immigration journey after your I-130 approval.
What Is the I-130 Petition?
Before diving into the next steps, let’s briefly review what the I-130 petition is. The I-130, Petition for Alien Relative, is the first step in the process for certain family members of U.S. citizens and lawful permanent residents (green card holders) who wish to immigrate to the United States.
When a U.S. citizen or lawful permanent resident files the I-130 petition for a family member, they are essentially requesting that the U.S. government recognize the familial relationship and allow the relative to come to the U.S. After approval, the petitioner can proceed with the next steps to bring their family member to the U.S. and possibly secure permanent resident status.
After I-130 Approval: What Happens Next in the Immigration Process?
Once your I-130 is approved, this does not mean that you are immediately granted a green card or permanent residence. Instead, the approval is just the first step of a multi-step process, and several more actions need to be taken before your family member can enter the U.S. as a lawful permanent resident.
Let’s break down the steps that occur after your I-130 petition is approved:
Step 1: Wait for a Visa Number to Become Available
If you are a U.S. citizen petitioning for an immediate relative (spouse, child, or parent), this step is not necessary, as no visa number is required for immediate relatives. These family members can proceed directly to the next steps once the I-130 is approved.
However, if you are petitioning for a family member who falls into a preference category (such as a sibling, adult child, or a spouse of a lawful permanent resident), there are limits on how many green cards can be issued each year. Therefore, you will have to wait until a visa number becomes available in your family member’s category.
To track when a visa number becomes available, you can consult the U.S. Department of State’s Visa Bulletin, which is updated monthly. The Visa Bulletin shows the cutoff dates for each preference category. When your relative’s priority date (the date the I-130 was filed) becomes current, they can proceed to the next step.
Step 2: Adjustment of Status or Consular Processing
Once a visa number is available, the next decision is whether your relative will apply for an immigrant visa at a U.S. consulate or embassy (if they are outside the U.S.) or whether they will apply for Adjustment of Status (AOS) if they are already in the U.S.
Adjustment of Status (AOS): If your relative is already in the U.S. on a valid visa (such as a tourist or student visa), they may be eligible to adjust their status to a lawful permanent resident without leaving the country. This process is called Adjustment of Status (AOS) and involves filing Form I-485, Application to Register Permanent Residence or Adjust Status.
AOS applicants will be required to attend a biometric appointment, where their fingerprints and photographs will be taken for background checks.
They may also be required to attend an interview with U.S. Citizenship and Immigration Services (USCIS) as part of the process.
Once their AOS application is approved, they will receive their green card.
Consular Processing: If your relative is outside the U.S., they will have to go through consular processing. This involves applying for an immigrant visa at the U.S. consulate or embassy in their home country. The process will involve:
Submitting Required Documents: Your relative will need to submit documents like their passport, medical records, police certificates, and other supporting documents.
Visa Interview: Your relative will attend a visa interview at the consulate. A consular officer will ask questions to verify the relationship and ensure that they meet all eligibility requirements.
Approval: If everything is in order, the consulate will approve their visa, and your relative can travel to the U.S. Once they arrive, they will be admitted as a lawful permanent resident.
Step 3: Medical Examination and Vaccination Requirements
Before your relative can proceed with the final steps of obtaining a green card, they will have to undergo a medical examination by an approved doctor. This step applies to both Adjustment of Status applicants and those undergoing consular processing.
The medical exam is designed to check for any medical conditions that may affect the applicant’s eligibility for a green card. The doctor will review the applicant’s vaccination records and may administer certain vaccinations required by the U.S. government. The results of the medical exam will be submitted directly to USCIS or the U.S. consulate as part of the green card application.
Step 4: Attend an Interview (If Required)
While not all applicants will be required to attend an interview, it is common for USCIS to schedule an interview for Adjustment of Status applicants, particularly if there are concerns about the validity of the relationship or the applicant’s eligibility.
During the interview, USCIS officers may ask questions about the family relationship, the applicant’s background, and their intentions in the U.S. They will review all submitted documents to ensure that everything is in order. In some cases, the interview can be waived, particularly for applicants who are immediate relatives of U.S. citizens.
For consular processing applicants, the visa interview is held at the U.S. consulate or embassy in the applicant’s home country. The purpose of this interview is to verify the relationship and ensure that all requirements are met before issuing the immigrant visa.
Step 5: Approval and Receiving the Green Card
Once all steps are completed, and your relative is approved for permanent residence, they will either receive their green card in the mail (if applying through Adjustment of Status) or be admitted to the U.S. as a lawful permanent resident upon entering with their immigrant visa (if applying through consular processing).
For Adjustment of Status applicants, after approval, your relative will receive a green card in the mail within a few weeks.
For consular processing applicants, once the immigrant visa is approved, they can enter the U.S., and they will receive their green card at their U.S. address within a few weeks of their arrival.
Step 6: Conditional Residence (If Applicable)
If your relative is granted a green card based on a marriage that is less than two years old, they will be given a conditional green card. This status is valid for two years, and they must apply to remove the conditions before the card expires. The application to remove conditions is done using Form I-751, Petition to Remove Conditions on Residence.
The purpose of the conditional green card is to ensure that the marriage is legitimate and not entered into solely for immigration purposes. After two years, your relative can apply to have the conditions removed, and they will receive a permanent green card.
Step 7: Becoming a U.S. Citizen (If Desired)
After holding a green card for a certain period, your relative may be eligible to apply for U.S. citizenship through naturalization. The typical waiting period is 5 years for green card holders, but if they are married to a U.S. citizen, they may be eligible to apply after just 3 years.
To apply for naturalization, your relative must meet several eligibility requirements, including demonstrating good moral character and passing an English and civics test. Once approved, they will take the Oath of Allegiance and become a U.S. citizen.
How Long Will It Take After I-130 Approval?
The length of time after I-130 approval varies greatly depending on several factors, including the type of relative being petitioned, whether your relative is applying from within the U.S. or abroad, and the processing times of USCIS or the U.S. consulate.
For immediate relatives (spouses, children, and parents of U.S. citizens), the process is usually faster, as there is no visa number backlog. In contrast, family members in preference categories may face longer waits due to visa number limits.
Generally, the entire process can take anywhere from 6 months to several years, depending on the complexity of the case and any backlogs in processing.
Conclusion
After your I-130 petition is approved, it is essential to understand that it is only the first step in the process of bringing your family member to the U.S. The next steps include waiting for a visa number to become available, completing the adjustment of status or consular processing, attending required medical exams and interviews, and ultimately receiving the green card. Patience is key throughout the process, and it’s important to stay informed and prepared at each stage to ensure a successful outcome.
If you’re in doubt or need further assistance, it is advisable to consult an immigration lawyer to help navigate the process smoothly and avoid potential delays or complications.
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