Start, to understand what happens subsequently I-130 is approved, information technology's important to know the type of qualifying relationship y'all take with the U.S. petitioner considering it affects your look fourth dimension. This should be simple because it's the basis of your I-130 petition.

You are in an Immediate Relative category if y'all have 1 of the following relationships:

  • IR1 immediate relative visa for spouse, after I-130 is approved

  • IR2 immediate relative visa for child

    Single child (nether 21 years of historic period) of a U.South. citizen

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

    Orphan adopted away by a U.S. citizen

  • IR4 immediate relative visa for adopted child

    Orphan to exist adopted in the United states by a U.Due south. citizen

  • IR5 immediate relative visa for parent

    Parent of a U.S. citizen (who is at least 21 years sometime), after I-130 is approved

You are in a Family Preference category if you accept ane of the following relationships:

  • F1 family preference visa for sons and daughters

    Single, adult sons and daughters (age 21 or over) of U.S. citizens, after I-130 approval

  • F2A family preference visa for spouses and children

    Spouses and unmarried children (under age 21) of permanent residents, after I-130 approving

  • F2B family preference visa for sons and daughters

    Single adult sons and daughters of permanent residents

  • F3 family preference visa for married sons and daughters

    Married sons and daughters (any historic period) of U.S. citizens

  • F4 family preference visa for brothers and sisters

    Brothers and sisters of adult U.Southward. citizens

Upon blessing the I-130 petition, USCIS will mail the petitioner an I-797 blessing notice. The side by side pace depends on ii of import criteria: (ane) if the immigrant is in an Immediate Relative or Family Preference Category and (ii) if the immigrant is inside or outside the United States.

Immediate Relative Within the United States

Generally, as an Firsthand Relative who is inside the United States, y'all have the option to "adjust status" to a permanent resident. (Although it is possible for Family unit Preference immigrants to arrange condition, it is less mutual due to the await times associated with the categories.)

Adjustment of Status After I-130 is Approved

A foreign national that wants to change his or her nonimmigrant status to permanent resident status (greenish card holder) uses a procedure chosen adjustment of status. The strange national would file Form I-485, Application to Register Permanent Residence or Adapt Condition, as the primary form in an adjustment of status application package. Although USCIS will consider additional factors before approving an adjustment application, the three fundamental requirements to adjust status require that y'all must:

  • Be physically present in the United States;
  • Have an immigrant visa immediately bachelor; and
  • Have a lawful entry to the The states.

Lawful entry means that clearing officials admitted or paroled you lot into the United States. For most people, this mostly means that you entered the The states with valid documentation and fabricated face to face contact with a U.S. immigration officeholder and that officer acknowledged your entry to the United States. If you entered with a valid visa, simply that visa has since expired, y'all still had a lawful entry. For other individuals that have an unlawful entry but otherwise run into the requirements to suit status, an I-601A waiver may exist available. For waiver cases, the guidance of an immigration attorney is highly recommended.

Preparing the Adjustment Package

If you are in the U.s.a. later on USCIS approves the I-130 petition, you'll probably want to file an adjustment of status package. The AOS bundle includes several mandatory USCIS forms and some optional forms. It may seem a flake overwhelming, only most people with straightforward cases can set the AOS package without the assistance of an attorney.

By accurately preparing these forms, you will greatly increase your chances of having your case processed quickly. As mentioned, Form I-485 is the primary application in the bundle, but several other USCIS forms may need to be included:

Form I-485 to adjust status

  • I-485, Application to Annals Permanent Residence or Adjust Condition
    This is a required course used to claim the immigrant visa and suit status to a lawful permanent resident.
  • I-864, Affidavit of Support
    This is a required grade used to show that the applicant has adequate means of fiscal back up from a sponsor.
  • I-693, Written report of Medical Test and Vaccination Tape
    This is a required form used to establish that the applicant is not inadmissible on public health grounds.
  • I-765, Awarding for Employment Authorization
    This is an optional form used to asking permission to work in the United states while waiting for the green carte du jour.
  • I-131, Application for Travel Document
    This is an optional grade used to request an advance parole travel certificate, a necessary document to re-enter the U.Due south.

Supporting Documents

In addition 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 package 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 lot know what to practise for your specific situation. The filing instructions provide detailed directions on supporting documents, how to organize your application, and where to mail it. To encounter an overview of typical forms and fees for your situation, review the adjustment of status fee folio.

Immediate Relative Outside the U.s.

Later the approval of an I-130 petition, USCIS volition send your file to the National Visa Heart (NVC). And the NVC will somewhen coordinate the transfer of your case to the U.S. consulate in the country where y'all reside. This is known as consular processing. The NVC will notify you lot when it is time to begin the next steps in processing your approved petition. You will likely go through these steps:

1

Choose an Agent

The agent is the person that will receive information about your instance. Yous may exist the agent, or you may select the petitioner, family fellow member or other person that yous trust to be your agent.

two

Pay Fees

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

3

Submit Immigrant Visa Application

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

iv

Send Documents to NVC

The NVC will crave you to submit various financial and supporting documents such equally Class I-864 Affirmation of Support.

Y'all can reach these services and learn more about each by visiting the Department of Land website. Expect this part of the process to take approximately 6 to x weeks.

Once the NVC is satisfied that y'all have correctly submitted the required documents and have paid the fees, y'all'll exist able to schedule an interview at the U.Southward. embassy or consulate. All applicants must also undergo a medical examination performed past an authorized medico and obtain sure vaccinations before the government will issue the visa.

Family Preference Outside the The states

In most cases, Family Preference applicants use consular processing to employ for a green card. Due to the limited number of visas bachelor to immigrants in these categories, the wait for an interview can add upwards to several years. Your I-130 file will remain with the NVC until the priority date becomes current.

Priority Date

Your Priority Engagement is the date your I-130 petition was filed. So regardless of how long it takes to corroborate your I-130 petition, your Priority Date is set up on the twenty-four hour period that USCIS accepts the petition. Your Priority Date serves as your "identify in line" when a express number of visas are available. Use the Visa Bulletin to go along an middle on dates as they become current.

Limited Number of Visas

The Family Preference category has a cap on the total number of immigrant visas that can exist issued each yr. In fiscal year 2019, the U.Southward. 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: UNMARRIED Adult CHILDREN OF LPRS
F3: MARRIED ADULT CHILDREN OF U.South. CITIZENS
F4: BROTHERS AND SISTERS OF U.Southward. CITIZENS

Complicating matters further, the wait tin can exist extended by country limits. The law puts a cap on the number of immigrants that can come up to the United States from any i country. Currently, no more vii percentage of the total amount of people immigrating to the U.s.a. in a single financial twelvemonth tin come from a unmarried country. Most countries are not affected past this cap. But people from countries with high levels of immigration to the U.s.a., such as India, Mexico and the Philippines, will feel this cap that can make the look for a green carte du jour much longer. For a more comprehensive overview, meet how the United States immigration system works.

This process may take but a few months for the F2A category or several years for the F4 category. When the visa number becomes available, the strange national may continue with consular processing (or adjustment of condition if already inside the United States).

What happens later I-130 is approved depends on numerous factors. Firsthand 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 Preference category will generally look many months, and often several years, earlier an immigrant visa number is available. A decision must be made if the immigrant will adjust status inside the United states of america or will submit an immigrant visa application through consular processing at a U.S. diplomatic mission or consulate. All of these factors determine the steps that happen after I-130 is approved.