I-130 Family Petition Taking Too Long? Tips for Speeding Up the Process

Going through the complexities of the U.S. immigration system can be a difficult and slow process. Today, our team at McBean Law will talk about the I-130 Family Petition and how you can speed up the process.

What Is The I-130?

The I-130, Petition for Alien Relative, is a form used by U.S. Citizens or Lawful Permanent Residents (LPRs) to file for their relatives to come to the U.S. permanently and get a green card.

The I-130 can be filed by a qualified U.S. citizen spouse, U.S. citizen parent, U.S. citizen sibling, or an adult U.S. citizen son or daughter.

Green card holder spouses and parents may also use this form to file for their relatives. The filing process is much faster if you’re considered an immediate relative of a U.S. citizen.

Immediate relatives are parents of U.S. citizens, spouses of U.S. citizens, and they are also children who are unmarried and under 21 of a U.S. citizen.

If you are an immediate relative of a U.S. citizen, your case should move much, much faster, unless you’re going through the process overseas, in which case, you’ll have to wait until the embassy calls you in for an interview.

Most embassies are more or less caught up and their processing times or interview times are shorter than before, compared to how it was during the COVID-19 pandemic.

Why Is Your I-130 Going Slowly?

There are several reasons for why your I-130 petition would be slow.

Visa Category Availability

If you’re in the family preference system, a visa may not yet be available for you.

The family preference system is based on the number of visas that are available each year as determined by Congress in our law.

For example, if you are in the F1 category, or the F2A/F2B categories, you will face a lengthy wait time.

The same goes for the F3 category for married children of U.S. citizens, as well as the F4 category for U.S. citizen siblings.

You should always check the current Visa Bulletin to see whether there is a visa available for you at that time.

When you’re in a backlog, unfortunately you won’t be able to do much with your process until a visa becomes available for you.

Errors With Your Case

Another reason why your case may be going slowly is that there are filing errors with your case.

This could be something minor, such as a mistake with your filing fee, or a missing signature. More serious issues include missing evidence – if the government has requested additional evidence or clarification from you through an RFE process, a request for evidence process, that will certainly slow down your case.

The most common documents that can slow down your case are birth certificates, marriage certificates, and divorce decrees. If the government claims that the documents you have provided are not sufficient, they will ask for these authentic documents, as well as copies of these authentic documents. You must produce them, or it could lead to your case being denied.

The government wants to confirm that the petitioner is eligible to file for you and that your relationship is legitimate.

Background Check

The third reason why your I-130 case could be going slower is that the government may be doing a post-interview background check.

Although a background check is done prior to the interview, there may have been some red flags during your interview process that would warrant an additional background check afterwards. They have to do some more research and check databases to confirm certain documents that you’ve submitted to them. The post-interview background check can be very lengthy, particularly in marriage cases.

How Can You Speed Up The Process?

There are several things you can do to speed up your I-130 process.

Expedite Request

You can file an expedite request, if you’re eligible for it. The government is looking for very specific criteria to determine whether to expedite your case; If you meet the criteria which is on the USCIS website, you will be able to submit an expedite request. Please keep this in mind: if you are at the National Visa Center (NVC) level, or if you are petitioning through an embassy, your case will not be expedited if a visa is not available in your category.

File a Mandamus

Another thing you can do if your case is outside of processing times, you can file a mandamus. This is a lawsuit to get the government to make the next move in your case. You can also seek Congressional Assistance from your congressional representative. In addition to this, you can submit a service request to USCIS and wait for their response.

Seek Professional Assistance

If your I-130 has gotten too messy and complicated to deal with, it is certainly a good idea to seek professional assistance from an experienced immigration lawyer. Our team of New York immigration lawyers at McBean Law sees these kinds of cases often, and we would be more than happy to assist you on your immigration journey.

Planning Your Roadmap to Success

Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.