Offset, to understand what happens later on I-130 is approved, it'south important to know the type of qualifying relationship you have with the U.S. petitioner because it affects your wait time. This should exist simple because it'south the footing of your I-130 petition.

You are in an Firsthand Relative category if you lot have 1 of the post-obit relationships:

  • IR1 immediate relative visa for spouse, after I-130 is approved

  • IR2 immediate relative visa for child

    Unmarried child (under 21 years of historic period) of a U.S. denizen

  • IR3 immediate relative visa for adopted child, after I-130 is approved

    Orphan adopted away past a U.South. denizen

  • IR4 immediate relative visa for adopted child

    Orphan to exist adopted in the United states of america by a U.S. citizen

  • IR5 immediate relative visa for parent

    Parent of a U.S. denizen (who is at least 21 years old), after I-130 is canonical

You are in a Family Preference category if you accept i of the following relationships:

  • F1 family preference visa for sons and daughters

    Single, adult sons and daughters (age 21 or over) of U.South. citizens, after I-130 approval

  • F2A family preference visa for spouses and children

    Spouses and unmarried children (under age 21) of permanent residents, after I-130 approval

  • F2B family preference visa for sons and daughters

    Unmarried developed sons and daughters of permanent residents

  • F3 family preference visa for married sons and daughters

    Married sons and daughters (whatever age) of U.S. citizens

  • F4 family preference visa for brothers and sisters

    Brothers and sisters of adult U.S. citizens

Upon approving the I-130 petition, USCIS will postal service the petitioner an I-797 approval observe. The next step depends on two important criteria: (1) if the immigrant is in an Firsthand Relative or Family unit Preference Category and (2) if the immigrant is inside or outside the United States.

Immediate Relative Inside the United States

Generally, as an Firsthand Relative who is inside the United States, you have the option to "adjust condition" to a permanent resident. (Although it is possible for Family Preference immigrants to adjust status, information technology is less common due to the expect times associated with the categories.)

Adjustment of Status After I-130 is Approved

A foreign national that wants to change his or her nonimmigrant status to permanent resident status (dark-green card holder) uses a process called aligning of status. The foreign national would file Form I-485, Application to Register Permanent Residence or Conform Status, as the primary form in an adjustment of condition awarding bundle. Although USCIS will consider additional factors before blessing an adjustment awarding, the three central requirements to suit condition require that you must:

  • Be physically present in the Usa;
  • Accept an immigrant visa immediately available; and
  • Take a lawful entry to the United States.

Lawful entry means that immigration officials admitted or paroled y'all into the United States. For about people, this more often than not ways that you entered the United states of america with valid documentation and fabricated face to face contact with a U.Southward. immigration officer and that officeholder acknowledged your entry to the United States. If you entered with a valid visa, but that visa has since expired, you still had a lawful entry. For other individuals that have an unlawful entry but otherwise meet the requirements to conform status, an I-601A waiver may be available. For waiver cases, the guidance of an immigration attorney is highly recommended.

Preparing the Aligning Bundle

If you are in the Us later on USCIS approves the I-130 petition, you'll probably want to file an aligning of status package. The AOS package includes several mandatory USCIS forms and some optional forms. It may seem a chip overwhelming, but most people with straightforward cases tin prepare the AOS packet without the assistance of an attorney.

By accurately preparing these forms, you volition greatly increase your chances of having your case processed apace. Equally mentioned, Course I-485 is the master application in the package, only several other USCIS forms may need to exist included:

Form I-485 to adjust status

  • I-485, Awarding to Register Permanent Residence or Adjust Status
    This is a required form used to claim the immigrant visa and adjust status to a lawful permanent resident.
  • I-864, Affirmation of Support
    This is a required form used to show that the bidder has adequate ways of fiscal support from a sponsor.
  • I-693, Report of Medical Examination and Vaccination Record
    This is a required form used to found that the bidder is not inadmissible on public health grounds.
  • I-765, Application for Employment Authority
    This is an optional form used to request permission to work in the United States while waiting for the dark-green card.
  • I-131, Application for Travel Certificate
    This is an optional course used to request an advance parole travel document, a necessary certificate to re-enter the U.S.

Supporting Documents

In addition to the forms listed higher up, the applicant must submit USCIS fees and supporting documentation. This list of items that must be submitted varies based on your specific state of affairs and answers on the forms.

Refer to the directions for each USCIS form or the simplified ready of instructions when you prepare the bundle on CitizenPath. In addition to your prepared form, CitizenPath provides you with a set of personalized filing instructions. Our filing instructions are customized to your answers in the application so yous know what to practise for your specific situation. The filing instructions provide detailed directions on supporting documents, how to organize your awarding, and where to mail it. To run across an overview of typical forms and fees for your situation, review the adjustment of status fee page.

Immediate Relative Outside the United States

After the approval of an I-130 petition, USCIS will ship your file to the National Visa Eye (NVC). And the NVC will somewhen coordinate the transfer of your case to the U.S. consulate in the state where you reside. This is known as consular processing. The NVC will notify y'all when information technology is time to begin the next steps in processing your canonical petition. You will likely become through these steps:

1

Choose an Amanuensis

The agent is the person that will receive data near your case. You may exist the agent, or you may select the petitioner, family unit member or other person that you trust to be your agent.

2

Pay Fees

Y'all will pay the Immigrant Visa Application Processing Fee and Affidavit of Support Fee. Both are required DOS fees.

three

Submit Immigrant Visa Application

The applicant must prepare and submit the DS-260 visa application through the Department of State website.

four

Send Documents to NVC

The NVC will require you lot to submit various financial and supporting documents such every bit Course I-864 Affidavit of Support.

You can accomplish these services and learn more than about each by visiting the Department of State website. Expect this office of the process to take approximately 6 to 10 weeks.

One time the NVC is satisfied that you accept correctly submitted the required documents and have paid the fees, you'll be able to schedule an interview at the U.South. embassy or consulate. All applicants must as well undergo a medical examination performed past an authorized physician and obtain sure vaccinations before the regime volition consequence the visa.

Family Preference Exterior the United States

In most cases, Family unit Preference applicants use consular processing to utilise for a greenish carte du jour. Due to the limited number of visas bachelor to immigrants in these categories, the wait for an interview can add together up to several years. Your I-130 file volition remain with the NVC until the priority date becomes current.

Priority Date

Your Priority Date is the engagement your I-130 petition was filed. And so regardless of how long information technology takes to approve your I-130 petition, your Priority Date is set up on the day that USCIS accepts the petition. Your Priority Engagement serves as your "place in line" when a limited number of visas are available. Utilize the Visa Bulletin to proceed an center on dates equally they get current.

Express Number of Visas

The Family Preference category has a cap on the total number of immigrant visas that tin can be issued each year. In fiscal yr 2019, the U.S. government issued 209,752 immigrant visas in the following categories:

what happens after I-130 is approved

F1: Unmarried Adult Children of U.Southward. Citizens
F2A: SPOUSES AND Minor CHILDREN OF LPRS
F2B: UNMARRIED ADULT CHILDREN OF LPRS
F3: MARRIED Developed CHILDREN OF U.South. CITIZENS
F4: BROTHERS AND SISTERS OF U.Southward. CITIZENS

Complicating matters further, the wait can be extended by country limits. The constabulary puts a cap on the number of immigrants that can come up to the United States from any one country. Currently, no more than seven percentage of the full amount of people immigrating to the Usa in a single financial year can come up from a unmarried country. Most countries are non affected by this cap. Simply people from countries with high levels of immigration to the Us, such equally India, Mexico and the Philippines, will experience this cap that can make the wait for a green carte du jour much longer. For a more comprehensive overview, run into how the Us immigration arrangement works.

This process may take just a few months for the F2A category or several years for the F4 category. When the visa number becomes available, the foreign national may proceed with consular processing (or aligning of status if already within the United States).


What happens later on I-130 is canonical depends on numerous factors. Firsthand Relatives will be given priority because at that place is no limit on the number of immigrant visas that tin issued each twelvemonth to this category. On the other hand, individuals in the Family Preference category will mostly wait many months, and often several years, before an immigrant visa number is bachelor. A determination must be made if the immigrant will suit status inside the United States or will submit an immigrant visa application through consular processing at a U.Southward. diplomatic mission or consulate. All of these factors make up one's mind the steps that happen subsequently I-130 is canonical.