Family-Based Immigrant Visa
Who May File
A U.S. citizen or lawful permanent resident of the United States of America.
For Whom May You File
If you are a U.S. citizen, you may file an I-130 Petition for:
- Your husband, wife or unmarried child under 21 years old.
- Your unmarried son or daughter over 21, or married son or daughter of any age.*
- Your brother or sister if you are at least 21 years old.*
- Your parent if you are at least 21 years old.
If you are a lawful permanent resident, you may file this form for:
- Your husband or wife.
- Your unmarried child under 21 years of age.*
- Your unmarried son or daughter over 21 years of age.*
*Note: If your relative qualifies under paragraph 1(B) or 1(C), separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age. If your relative qualifies under paragraph 2(B) or 2(C), separate petitions are not required for his or her unmarried children under 21 years of age
How to File
The first step is filing a petition with the U.S. Citizenship and Immigration Services (USCIS) in the United States. U.S. citizens and lawful permanent resident sponsors must file form I-130, Petition for Alien Relative, at the USCIS Service Center with jurisdiction over their place of residence. For information on this first step, visit the USCIS website.
The Immigrant Visa Process - The National Visa Center
After an immigrant petition filed in the United States is approved by USCIS, it is forwarded to the National Visa Center (NVC) for processing. NVC plays an important role in the next steps of the immigrant visa process by providing instructions to petitioners, sponsors, and visa applicants; reviewing required Affidavit of Support forms from sponsors; and receiving fees, application forms, and other required documents from visa applicants. For numerically limited family preference petitions, NVC contacts the petitioner once the petition's priority date is about to become current.
You can learn more about the National Visa Center (NVC) and processing at the NVC at the Department of State website.
Filing Immigrant Petitions Outside the United States
Effective August 15, 2011, petitioners residing overseas will no longer be able to routinely file forms I-130, Petition for Alien Relative, with U.S. Embassies and Consulates except in locations where U.S. Citizenship and Immigration Services (USCIS) has a public counter presence within the Embassy or Consulate (Note: Embassy Reykjavik does not have USCIS presence). Petitioners residing overseas in countries where USCIS does not have a public counter presence will be required, starting August 15, 2011 to file their forms I-130 by mail with the USCIS Chicago Lockbox. U.S. Embassies and Consulatees that do not have a USCIS presence will only be able to accept and process forms I-130 in exceptional circumstances, as outlined below.
Forms I-130 that were properly filed at an Embassy or Consulate overseas where USCIS does not have a presence before August 15, 2011 will not be affected by this change.
Filing Instructions Beginning August 15, 2011:
-- If the petitioner resides in a country in which USCIS has a public counter presence, the form I-130 may be filed directly with the USCIS field office (see instructions below) or through the USCIS Chicago Lockbox.
-- If the petitioner resides in a country where USCIS does not have a public counter presence, the form I-130 must be filed with the USCIS Chicago Lockbox at one of the addresses below, unless the petitioner requests and is granted an exception based on one of the criteria described below:
USCIS Chicago Lockbox Addresses for Regular Mail Deliveries:
USCIS
P.O. Box 804625
Chicago, IL 60680-4107
USCIS Chicago Lockbox Address for Express Mail and Courier Deliveries:
USCIS
Attn: I-130
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517
For additional information about how to file a form I-130 with the USCIS Chicago Lockbox, please see the USCIS website or contact USCIS by phone at 1-800-375-5283.
Filing at USCIS Overseas Field Offices:
From August 15, 2011 petitioners residing in a country where USCIS has a field office with a public counter may choose to file the form I-130 either through the Chicago Lockbox or at the USCIS field office. Petitioners should contact the USCIS field office with any questions regarding the filing of petitions. For more information on where USCIS has overseas field offices and contact information, please visit the USCIS website.
Exceptional Filing at a U.S. Embassy or Consulate without a USCIS Field Office:
Beginning August 15, 2011, petitioner who do not reside in a country with a USCIS field office, but who believe that their situation merits an exception, may request an exception to allow the Consular Section at the Embassy or Consulate to accept the filing. Each request for an exception will be evaluated individually.
A petitioner seeking to file a form I-130 at an Embassy or Consulate where USCIS does not have a presence should contact the Consular Section to request consideration of the request for exception and explain the circumstances in detail. The Consular Section will then relay the request for an exception to the USCIS field office with jurisdiction over the Embassy or Consulate. The determination of whether the case presents exceptional circumstances that warrant an exception to the general filing process will be made by USCIS. For questions about this process or to request consideration for an exception that would allow you to file the form I-130 at the Embassy in Reykjavik please e-mail us at reykjavikconsular@state.gov.
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