Form I 130 Presentation Uscis: Fill & Download for Free

I130 is petition not a visa. Don't confuse. This petition is family based .. no u can't expedite it for job offerIt's a long process for family based petition. Getting petition approved doesn't gaurantee visa .. visa is in hand of course who makes decision and even after visa the cbp offer decides to let u in.

It’s not a matter of which is “easier”. You have to fill out the correct form that applies in the circumstances, not the form which is easier.You cannot file Form N-400 for a minor; minors cannot be naturalized using Form N-400. Except for certain extraordinary situations, minors can only be naturalized in the United States by derivation. The primary pathway for the naturalization of a minor is under INA 320, 8 U.S. Code § 1431: a minor child is naturalized automatically when:(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.(2) The child is under the age of eighteen years.(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.At the first moment that all three of these conditions are true simultaneously, the child becomes, automatically by operation of law, a US citizen. A person who has become a US citizen by the operation of INA 320 may get documentary proof of this fact, in the form of a Certificate of Citizenship, by filing Form N-600 (Application for Certificate of Citizenship). A parent may file Form N-600 on behalf of their minor child. Do not file Form N-400 in this situation; if you file Form N-400 and USCIS determines that you are already a citizen due to INA 320 (or any other provision of law), your N-400 application will be denied, your N-400 fee will not be refunded, and you will have to file a separate N-600 application with separate fees to get your Certificate of Citizenship.However, to get condition (3) above true, you’ll first have to arrange for your child to “resid[e] in the United States … pursuant to a lawful admission for permanent residence”. For that to happen, you’ll have to file an I-130 petition to have your child immigrate as your immediate relative, have that petition granted, have your child issued an immigrant visa, and have your child arrive in the United States using that immigrant visa. If your child is in the US already, in some other status, you may instead skip the issuance of the visa and move directly to filing the N-600 once the I-130 petition has been granted.If you are a US citizen and meet certain residency requirements, or if either of your parents is a US citizen and meets certain residency requirements, your child may alternatively be granted citizenship under INA 322 (8 U.S. Code § 1433) without an I-130 petition. In this case, you would file Form N-600K instead of Form N-600, and your child will become a citizen at the first moment she is physically present in the United States in any legal status, provided all other conditions of INA 322 are met. Note that INA 322, like INA 320, also operates automatically as a matter of law, and so if its conditions have occurred at any time in the past (even if without intent to cause naturalization), your child has already acquired citizenship, and you need only file Form N-600K to obtain proof. (The requirement to swear the oath of allegiance in INA 322 is waived for children under 14.)Note also that if your child was born a US citizen, you cannot file an I-130 petition for them because citizens cannot immigrate to the United States. If your child was born a US citizen, but you did not obtain a CRBA (Form FS-260 or its predecessor, Form DS-1350) before she turns 18, she will need to file Form N-600 to have a Certificate of Citizenship issued for her in order for her to obtain proof of citizenship. Once she has her Certificate of Citizenship, she can then apply for a US passport. If she is not yet 18, you may still be able to file for a CRBA, which you should do at a consulate in the country where she was born (if at all possible).You might want to consult with an attorney. US naturalization and nationality law is complicated, and many people, especially in uncommon situations, are easily and understandably confused as to what their legal status is.

USCIS is required to do a very limited background check on I-130 petitioners to determine if the petitioner is a person subject to the provisions of the Adam Walsh Child Protection and Safety Act of 2006. This Act prohibit individuals who have been convicted of kidnapping, prostitution, solicitation of prostitution, certain types of voyeurism, possession of child pornography, or sexual offenses against children from being permitted to be the petitioner of any family-based immigrant petition.If an initial check indicates that the petitioner may be a person subject to that Act, USCIS will investigate further, including possibly issuing RFEs for the petitioner’s police record or requiring the petitioner submit for fingerprinting. If a full investigation determines that the petitioner is ineligible, the petition will be denied unless the Secretary of Homeland Security determines that the petitioner presents no risk to any beneficiary of the petition.Other than Adam Walsh CPSA checks, USCIS does not ordinarily investigate the background of I-130 petitioners. The general character of the petitioner, aside from the specific issue mentioned above, is not a factor that USCIS may consider in adjudicating a I-130 petition. However, USCIS will generally cross-check all statements made on the I-130 petition itself against records generally available to USCIS (that is, either already public, or already in the possession of USCIS) to determine if there are any inconsistencies, and will either issue RFEs or simply deny the petition if any such discrepancies are found.Note also that it is State Department policy (9 FAM 504.9 (U) IMMIGRANT VISA ADJUDICATIONS) to inform beneficiaries when the petitioner of their immigration petition has been convicted of a violent sexual offense or a sexual offense against a minor if that information is available to the consular officer at the time of the consular interview. The Department of State routinely checks the sexual offender registry to see if the petitioner is a registered sex offender, and will disclose this to the beneficiary if they discover this to be the case.