First, to sympathize what happens after I-130 is approved, it's important to know the type of qualifying human relationship y'all have with the U.S. petitioner because it affects your expect time. This should exist simple because it'south the basis of your I-130 petition.

You are in an Immediate Relative category if yous take 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 age) of a U.S. citizen

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

    Orphan adopted abroad by a U.S. citizen

  • IR4 immediate relative visa for adopted child

    Orphan to be adopted in the Us by a U.Due south. citizen

  • IR5 immediate relative visa for parent

    Parent of a U.Southward. citizen (who is at least 21 years one-time), afterward I-130 is approved

You are in a Family unit Preference category if you have one of the post-obit relationships:

  • F1 family preference visa for sons and daughters

    Single, adult sons and daughters (age 21 or over) of U.S. citizens, afterward 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 (whatsoever 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 mail the petitioner an I-797 blessing discover. The next footstep depends on 2 important criteria: (1) if the immigrant is in an Firsthand Relative or Family unit Preference Category and (2) if the immigrant is within or outside the United States.

Firsthand Relative Within the Usa

Generally, as an Immediate Relative who is within the The states, you have the option to "suit status" to a permanent resident. (Although information technology is possible for Family Preference immigrants to suit condition, it is less common due to the wait times associated with the categories.)

Aligning of Status After I-130 is Approved

A foreign national that wants to change his or her nonimmigrant status to permanent resident status (green card holder) uses a process called adjustment of status. The foreign national would file Form I-485, Application to Register Permanent Residence or Arrange Status, as the principal course in an aligning of condition awarding package. Although USCIS will consider boosted factors before approving an adjustment awarding, the three fundamental requirements to adjust status crave that you must:

  • Be physically nowadays in the United States;
  • Have an immigrant visa immediately available; and
  • Have a lawful entry to the United states of america.

Lawful entry ways that immigration officials admitted or paroled y'all into the Usa. For about people, this generally means that you entered the United States with valid documentation and made face up to face contact with a U.S. immigration officer and that officeholder best-selling your entry to the United States. If you entered with a valid visa, but that visa has since expired, you notwithstanding had a lawful entry. For other individuals that have an unlawful entry but otherwise meet the requirements to adjust status, an I-601A waiver may be available. For waiver cases, the guidance of an immigration attorney is highly recommended.

Preparing the Adjustment Package

If you are in the United States after USCIS approves the I-130 petition, you lot'll probably desire to file an adjustment of condition package. The AOS package includes several mandatory USCIS forms and some optional forms. It may seem a bit overwhelming, but about people with straightforward cases can prepare the AOS package without the assistance of an attorney.

By accurately preparing these forms, yous will profoundly increase your chances of having your case processed speedily. Equally mentioned, Grade I-485 is the principal awarding in the packet, but several other USCIS forms may need to be included:

Form I-485 to adjust status

  • I-485, Application to Register Permanent Residence or Adjust Condition
    This is a required form used to merits the immigrant visa and adapt status to a lawful permanent resident.
  • I-864, Affirmation of Support
    This is a required form used to bear witness that the applicant has acceptable means of financial support from a sponsor.
  • I-693, Report of Medical Examination and Vaccination Record
    This is a required form used to plant that the applicant is not inadmissible on public health grounds.
  • I-765, Application for Employment Dominance
    This is an optional form used to request permission to work in the United States while waiting for the green carte.
  • I-131, Awarding for Travel Document
    This is an optional course used to request an accelerate parole travel document, a necessary document to re-enter the U.S.

Supporting Documents

In improver to the forms listed above, the bidder must submit USCIS fees and supporting documentation. This list of items that must be submitted varies based on your specific situation and answers on the forms.

Refer to the directions for each USCIS form or the simplified set of instructions when you prepare the packet 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 you know what to exercise for your specific situation. The filing instructions provide detailed directions on supporting documents, how to organize your application, and where to mail it. To see an overview of typical forms and fees for your situation, review the adjustment of status fee page.

Immediate Relative Exterior the Us

Afterward the blessing of an I-130 petition, USCIS will send your file to the National Visa Center (NVC). And the NVC will eventually coordinate the transfer of your case to the U.S. consulate in the land where you lot reside. This is known as consular processing. The NVC will notify you when information technology is time to begin the next steps in processing your approved petition. Y'all will likely go through these steps:

i

Choose an Agent

The agent is the person that will receive data about your instance. Y'all may be the agent, or you may select the petitioner, family member or other person that you trust to be your agent.

2

Pay Fees

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

iii

Submit Immigrant Visa Application

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

four

Ship Documents to NVC

The NVC volition require you to submit various financial and supporting documents such as Form I-864 Affidavit of Back up.

You can reach these services and learn more about each by visiting the Section of State website. Await this function of the process to take approximately vi to ten weeks.

Once the NVC is satisfied that you have correctly submitted the required documents and have paid the fees, you'll be able to schedule an interview at the U.S. embassy or consulate. All applicants must also undergo a medical exam performed by an authorized physician and obtain certain vaccinations before the government will issue the visa.

Family Preference Outside the United States

In most cases, Family Preference applicants use consular processing to employ for a light-green menu. Due to the limited number of visas available to immigrants in these categories, the look for an interview can add upward 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 date your I-130 petition was filed. So regardless of how long it takes to approve your I-130 petition, your Priority Date is set on the day that USCIS accepts the petition. Your Priority Date serves equally your "place in line" when a limited number of visas are available. Use the Visa Bulletin to keep an eye on dates as they become electric current.

Limited Number of Visas

The Family Preference category has a cap on the full number of immigrant visas that can be issued each year. In fiscal year 2019, the U.South. government issued 209,752 immigrant visas in the post-obit categories:

what happens after I-130 is approved

F1: Unmarried Adult Children of U.Due south. Citizens
F2A: SPOUSES AND Minor CHILDREN OF LPRS
F2B: Single ADULT CHILDREN OF LPRS
F3: MARRIED ADULT CHILDREN OF U.S. CITIZENS
F4: BROTHERS AND SISTERS OF U.Southward. CITIZENS

Complicating matters further, the wait can exist extended by country limits. The law puts a cap on the number of immigrants that can come to the United states of america from any one country. Currently, no more than vii per centum of the total amount of people immigrating to the United states of america in a single financial year tin come from a single country. Most countries are not afflicted by this cap. But people from countries with high levels of clearing to the United states of america, such as Republic of india, Mexico and the Philippines, will experience this cap that can make the wait for a green carte much longer. For a more than comprehensive overview, run across how the United States clearing system works.

This process may take merely a few months for the F2A category or several years for the F4 category. When the visa number becomes bachelor, the foreign national may keep with consular processing (or aligning of status if already within the Usa).


What happens after I-130 is approved depends on numerous factors. Immediate Relatives will be given priority because there is no limit on the number of immigrant visas that can issued each year to this category. On the other hand, individuals in the Family unit Preference category will generally wait many months, and often several years, before an immigrant visa number is available. A determination must be made if the immigrant volition conform status inside the Us or will submit an immigrant visa application through consular processing at a U.S. diplomatic mission or consulate. All of these factors make up one's mind the steps that happen after I-130 is canonical.