San Antonio Immigration Attorney · Family Petitions
I-130 Petition for Alien Relative
I-130 Petitions · Spousal Visas · Parent & Child Petitions · Sibling Immigration
Form I-130 is the foundation of every family-based immigration case. It establishes the qualifying relationship between a U.S. citizen or lawful permanent resident and their foreign family member — the first step toward a green card and permanent life in the United States.
Understanding Form I-130: Petition for Alien Relative
Form I-130, Petition for Alien Relative, is filed with U.S. Citizenship and Immigration Services (USCIS) to prove that a valid family relationship exists between a U.S. citizen or lawful permanent resident (the "petitioner") and a foreign national (the "beneficiary"). It does not grant a green card by itself — it establishes eligibility for the beneficiary to apply for one.
Every family-based green card case starts with the I-130. Without an approved petition, your family member cannot move forward with adjustment of status (if in the U.S.) or consular processing (if abroad). The strength of your I-130 filing — the evidence you compile, the forms you complete, and the legal strategy behind it — directly determines whether your case succeeds or stalls.
Key Fact
The I-130 filing fee is $625–$675 (2026). Attorney fees in San Antonio typically range from $1,500–$5,000 depending on case complexity. The Echavarria Law Firm offers free initial case evaluations.
Who Can File an I-130 and Who Qualifies
Eligibility depends on the petitioner's immigration status and the family relationship to the beneficiary.
U.S. Citizens Can Petition For:
- Spouse (immediate relative — no visa cap)
- Unmarried children under 21 (immediate relative)
- Parents, if petitioner is 21+ (immediate relative)
- Unmarried sons/daughters 21+ (F1 preference)
- Married sons/daughters (F3 preference)
- Siblings, if petitioner is 21+ (F4 preference)
Green Card Holders Can Petition For:
- Spouse (F2A preference)
- Unmarried children under 21 (F2A preference)
- Unmarried sons/daughters 21+ (F2B preference)
Important
LPRs cannot petition for parents, married children, or siblings. Naturalization to U.S. citizenship expands your eligibility.
Immediate Relatives vs. Family Preference Categories
Immediate relatives (spouses, minor children, and parents of U.S. citizens) have no annual visa cap — their petitions are processed as soon as USCIS adjudicates them, typically within 12–18 months.
Family preference categories (F1, F2A, F2B, F3, F4) are subject to annual numerical limits, creating backlogs that range from 2 to 22+ years depending on the category and the beneficiary's country of birth. The Visa Bulletin published monthly by the Department of State tracks these wait times.
Evidence Checklist for Each Relationship Category
The I-130 requires documentary proof of both the petitioner's immigration status and the qualifying family relationship. Weak or missing evidence is the leading cause of Requests for Evidence (RFEs) and denials.
Spousal Petitions (Marriage-Based)
- Government-issued marriage certificate (certified translation if not in English)
- Proof of termination of all prior marriages (divorce decrees, annulments, death certificates)
- Bona fide marriage evidence: joint bank statements, lease/mortgage in both names, insurance beneficiary designations, joint tax returns, photos together over time
- Birth certificates for both petitioner and beneficiary
- Petitioner's proof of U.S. citizenship or LPR status (passport, naturalization certificate, or green card)
- Two sworn affidavits from witnesses who can attest to the genuine nature of the marriage
Parent-Child Petitions
- Birth certificate showing parent-child relationship
- If father is petitioner: marriage certificate to the child's mother (if applicable) or legitimation documents
- Adoption decree (for adopted children — adoption must have occurred before child turned 16)
- Petitioner's proof of U.S. citizenship or LPR status
Sibling Petitions (F4)
- Birth certificates for both petitioner and sibling showing at least one common parent
- Marriage certificate of parents (if claiming relationship through father)
- Proof petitioner is age 21 or older
- Petitioner's naturalization certificate or U.S. passport (must be U.S. citizen, not LPR)
Pro Tip: Prevent RFEs Before They Happen
Submit more evidence than USCIS requires. For spousal cases, we recommend at least 8–12 items of bona fide marriage evidence across multiple categories (financial, residential, social). Our firm compiles a comprehensive evidence package before filing to minimize the risk of delays.
How to File: Forms, Fees, and Submission Options
| Item | Details |
|---|---|
| Primary Form | Form I-130, Petition for Alien Relative |
| Filing Fee (2026) | $625–$675 (varies by filing method) |
| Online Filing | Available via your USCIS online account at uscis.gov |
| Paper Filing | Mail to the USCIS lockbox facility designated for your state |
| Concurrent Filing | If the beneficiary is in the U.S. and a visa is immediately available, you can file I-130 + I-485 together |
| Receipt Notice | Form I-797C with your receipt number and priority date, typically within 2–4 weeks |
| Attorney Authorization | Form G-28 (Notice of Entry of Appearance) for attorney representation |
Processing Steps, Timelines & Priority Dates
File Form I-130
Submit the petition online or by mail with all required evidence and filing fee. Your attorney files Form G-28 for authorized representation.
Receive I-797C Receipt Notice
USCIS acknowledges receipt within 2–4 weeks. This notice contains your receipt number and priority date — the date that determines your place in the visa queue.
Background & Security Checks
USCIS conducts FBI background checks and fraud detection screening on both the petitioner and beneficiary.
Request for Evidence (If Issued)
If USCIS needs additional documentation, they issue an RFE. You typically have 87 days to respond. Strategic RFE response is critical — a weak response can lead to denial.
I-130 Approval
Once approved, the case moves to the National Visa Center (NVC) for consular processing, or you proceed with adjustment of status (I-485) if the beneficiary is in the U.S. and a visa is immediately available.
Visa Bulletin Wait (Preference Categories Only)
For non-immediate relatives, your priority date must become "current" per the monthly Visa Bulletin before the beneficiary can proceed to the green card stage.
Estimated Processing Timelines by Category (2026)
| Category | Relationship | Est. Timeline |
|---|---|---|
| Immediate Relative | Spouse, minor child, or parent of U.S. citizen | 12–18 months |
| F2A | Spouse or minor child of green card holder | 2–3 years |
| F1 | Unmarried adult child (21+) of U.S. citizen | 7–10+ years |
| F2B | Unmarried adult child (21+) of green card holder | 6–9+ years |
| F3 | Married adult child of U.S. citizen | 12–15+ years |
| F4 | Sibling of U.S. citizen (petitioner must be 21+) | 15–22+ years |
Priority Date Matters
Your priority date is assigned the day USCIS receives your I-130 petition. It determines your position in line for visa availability. Filing sooner means a better place in the queue — especially critical for preference categories with multi-year backlogs.
Common I-130 Mistakes That Cause Delays and Denials
USCIS denies or issues RFEs on thousands of I-130 petitions each year due to avoidable errors. Here are the most common mistakes our San Antonio clients bring to us — and how we prevent them:
Insufficient Marriage Evidence
Submitting only a marriage certificate without supporting bona fide evidence. USCIS wants proof the marriage is real — financial commingling, shared addresses, social proof, and witness affidavits.
Missing Prior Marriage Termination
Failing to provide divorce decrees, annulments, or death certificates for all prior marriages of both petitioner and beneficiary.
Wrong Fee or Outdated Forms
USCIS rejects petitions filed with incorrect fees or old form versions. Fees and forms change regularly — always verify the current version at uscis.gov.
Unsigned Forms or Missing Signatures
Both petitioner and beneficiary must sign the I-130 in wet ink (paper filing) or with electronic signatures (online filing). Missing signatures result in automatic rejection.
Untranslated Foreign Documents
All foreign-language documents require certified English translations with a translator's certification statement. Submitting untranslated documents delays adjudication.
Filing in the Wrong Category
Selecting the wrong relationship category on the I-130 can misclassify your case. An LPR filing for a married child (not eligible) or mis-classifying a step-child relationship causes denials.
Frequently Asked Questions — I-130 Petition
Common questions our San Antonio clients ask about the I-130 process.
Yes, you can request expedited processing for humanitarian considerations or as a military family. You need to meet urgency requirements, demonstrate clear eligibility, and submit compelling supporting documentation such as evidence of medical crises, safety threats, or active-duty deployments. USCIS exercises discretion on expedite requests, so results vary based on the strength of your documentation.
The I-130 does not automatically terminate. USCIS processing can continue through humanitarian reinstatement or petition transfer to a qualifying substitute sponsor. Surviving spouses may have protections under INA Section 204(l). It is critical to secure legal representation promptly after the petitioner's death to preserve the petition and evaluate all available options.
Yes. You should report beneficiary changes to USCIS promptly. A new marriage may alter eligibility or shift the preference category. A divorce can terminate a spousal petition entirely. A birth may add derivative beneficiaries to the case. Each change requires supporting documentation and may affect processing timelines.
The I-130 itself does not trigger public charge determinations. Financial obligations arise later when the petitioner signs Form I-864 (Affidavit of Support) during the adjustment of status or consular processing stage. At that point, the sponsor accepts legally binding financial support duties for the beneficiary. The I-130 establishes the family relationship; the I-864 establishes the financial commitment.
Yes, but travel restrictions depend on your current immigration status. If you are adjusting status in the U.S. (I-485 pending), do not depart without advance parole or a reentry permit — travel without proper authorization can abandon your adjustment application. If you are only the petitioner (U.S. citizen or LPR), your travel does not affect the I-130 petition.
Attorney fees for I-130 petitions in San Antonio typically range from $1,500–$5,000 depending on case complexity, the relationship category, and whether concurrent filing (I-130 + I-485) is involved. The USCIS filing fee is $625–$675. The Echavarria Law Firm offers free initial case evaluations and transparent fee structures with payment plans available.
If your I-130 is denied, you can file a motion to reopen (with new evidence) or a motion to reconsider (arguing legal error) using Form I-290B within 30 days. You may also file an appeal with the Administrative Appeals Office (AAO). Common denial reasons include insufficient evidence of a bona fide marriage, ineligible relationship classification, or fraud findings. An attorney can evaluate the denial notice and determine the strongest avenue for recovery.
The Echavarria Law Firm provides complete I-130 petition services in San Antonio, including: eligibility assessment and case strategy, evidence compilation and document preparation, Form I-130 filing (online or paper), concurrent I-130 + I-485 filings, spousal and marriage-based petitions with bona fide evidence packages, parent-child and sibling petitions, RFE response strategy, expedite requests for humanitarian and military cases, petition updates after life changes, denied case recovery (I-290B motions and AAO appeals), and petitioner death reinstatement. All services available in English and Spanish.
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