You may want to file form I-130. However, you may wonder how long the process can take to get approved. This is not a process that can take several days because there may be a lot of aspects that have to be checked.
How Long Does It Take to Process to be Approved?
The time to process I-130 varies depending on the type of relationship between the petitioner and the beneficiary. Besides, the length to process it is also affected by the USCIS case load, where you apply from and your ability to file an I-130 petition. However, the most important thing is that, the sooner you file it, the better it will be.
After you file Form I-130, Petition for Alien Relative, for immediate relatives, the process of approval can take around 5 to 12 months. Meanwhile, for family preference categories, it can take around several years.
Below, you are able to read the steps to process a form I-130 and also the length of time of each step.
1. Receiving the Petition
The process of receiving the petition is around 2 to 3 weeks after you file it. What happens in this process? USCIS will give you a response after you file it where USCIS will send the notification that your petition has been received. You have to make sure that you file the form properly because if not, you will be sent a Notice of Action to reject your petition or you may be required to send a Request for Evidence where it requires some additional items.
2. Reviewing the Petition
Reviewing the petition by the USCIS can take around 2 to 4 weeks after you file the form. Unmarried children who are under 12 years old, spouse, and parents of a U.S. citizen are categorized into immediate relatives by immigration law. For immediate relatives, there is no numerical limit on immigrant visa so that the wait time is shorter.
3. Approving Immediate Relatives
The process of approving immediate relatives is around 5 to 12 months after you file the form. What process will happen at this stage? It depends on where you are. If you are in the United States and you file an application, the Form I-485 will be started to be reviewed now. However, if you are outside the US, your case will be forwarded to the National Visa Center (NVC) where it is done to coordinate the visa interview at a US consular office in your country.
4. Approving Family Preference
Approving family preference takes around 6 months to more than 20 years after you file the form. It is important for you to know that the availability of immigrant visa numbers for limited categories depends on the date when you file your petition. So, even though USCIS will approve your immigrant visa petition, but you may not get an immigrant visa number soon.
Processing Time of I-130 by Category
In the table below, you are able to see the processing time of I-130 by category.
| Category | Wait Time | Annual Quota |
| IR
This category includes unmarried children (under 21 years old), spouse, and parents of US citizens. |
There is no quota for this category but it is estimated that it can take around 6 to 12 months for USCIS to approve the Form I-130. | Numerical limit does not apply. |
| F1
This category includes unmarried daughters and sons who are 21 years old or older where they are citizens of the US. |
Around 7 years, but for some countries such as India, Mexico, China, and Philippines, the wait times may be longer. | 23,400 |
| F2
This category includes sons, daughters, and spouses of lawful permanent residents.
F2A This category includes minor children who are under 21 years old and spouse
F2B This category includes unmarried daughters and sons who are 21 years old or older |
The wait time is around 6 to 12 months to be approved by USCIS.
Around 5 to 6 years |
114,200 |
| F3
This category includes married daughters and sons of US citizens. |
Around 12 to 13 years, but for some countries such as India, Mexico, China, and Philippines, the wait times may be longer. | 23,400 |
| F4
This category includes sisters and brothers of US citizens. |
Around 13 to 14 years, but for some countries such as India, Mexico, China, and Philippines, the wait times may be longer. | 65,000 |
Well, it is important for you to note that the time period above is just an estimation, but the point is that if you file the form immediately, it will be better and make sure you file the form properly.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
