Filing a petition for a relative is a big step. For many families it comes after months, sometimes years, of waiting to be together. Once the petition is in, though, the next part can feel like a black box. This is what usually happens next.
You will get a receipt notice
A few weeks after USCIS accepts the petition (Form I-130), the person who filed it gets a receipt notice in the mail. Keep it somewhere safe. It has a receipt number you can use to check the case status online, and you will need it if you ever call USCIS or work with a lawyer on the case.
USCIS may ask for more evidence
Sometimes USCIS sends a Request for Evidence. That doesn’t mean the case is in trouble. It means the officer wants more proof of something, often the family relationship or the petitioner’s status. These requests come with a deadline, so read them the day they arrive and answer completely. A rushed or partial answer is one of the most common reasons a case gets delayed or denied.
What happens after approval depends on where your relative is
If your relative is already in the United States and eligible, they may be able to apply for a green card from here through adjustment of status. In some cases, spouses, parents and unmarried children under 21 of U.S. citizens can file that application at the same time as the petition.
If your relative lives abroad, the approved case usually moves to the National Visa Center, and later to an interview at a U.S. embassy or consulate.
Wait times vary a lot
How long this takes depends on the family relationship, the petitioner’s status and, for some categories, the relative’s country of birth. Some relatives can move forward as soon as the petition is approved. Others have to wait for a visa number to become available, which can take years.
A few habits that help
- Keep copies of everything you send and everything you receive.
- If you move, update your address with USCIS right away.
- Don’t travel abroad while an application is pending without getting advice first.
- Write down questions as they come up, so nothing gets lost.
If something in your case doesn’t make sense, or you received a letter you aren’t sure how to answer, we’re glad to help. Call us at 703-649-4848.
