When USCIS approves Form I-130, Petition for Alien Relative, your relative still has no immigration status. USCIS says that the filing or approval of the petition "does not give your relative any immigration status or benefit." What happens next depends on where your relative is: someone already in the United States may apply to adjust status with Form I-485 if a visa is available, and someone abroad generally goes through consular processing, which starts at the Department of State's National Visa Center (NVC).
What an I-130 approval does and does not do
The I-130 is filed by the petitioner, who must be a U.S. citizen, lawful permanent resident, or U.S. national. USCIS says the form establishes a qualifying relationship with an eligible relative, and describes submitting it as "the first step to help an eligible relative apply" for a Green Card.
Approval is a step, not the finish line. USCIS says that, generally, after approval "your relative may apply for a Green Card." Keep your approval notice, because USCIS lists "A copy of the Form I-797, Approval or Receipt Notice, for the Form I-130 petition filed on your behalf" among the documents to send if the I-485 is filed later by an immediate relative.
If you are still deciding when to file, check the alerts at the top of the I-130 page before you mail anything. USCIS changes filing locations and form editions from time to time, and the page shows what applies on the day you file.
Path 1: Your relative is in the United States
A relative who is in the United States may be able to apply for a Green Card without leaving the country. The form for that is Form I-485, Application to Register Permanent Residence or Adjust Status. USCIS says a relative already in the U.S. may file the I-485 if an immigrant visa is available.
Whether a visa is available is the key question, and it depends on the relationship:
- For immediate relatives of U.S. citizens, USCIS says "an immigrant visa is always available."
- For family preference categories, a visa must be immediately available when you file the I-485, and also when USCIS makes its final decision.
Our guide to immediate relatives and family preference categories explains why those two groups wait differently. For the form itself, see our Form I-485 page.
USCIS also says an immediate relative can file the I-485 together with the I-130, while the I-130 is pending, or after the I-130 is approved and remains valid. Filing the two at the same time is called concurrent filing. The I-485 page carries alerts at the top that change over time, such as filing locations, form editions and court orders. This article does not explain what those alerts mean for any case. Read them on the official page before you file.
Path 2: Your relative is outside the United States
Consular processing is the other route. USCIS says it applies to people outside the U.S.: "If you are outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa." On the I-130 page, USCIS says that when the relative's listed address is outside the U.S., it will generally send the petition to the Department of State's NVC for consular processing.
USCIS's consular processing page describes the steps after approval:
- USCIS generally sends the petition to the NVC.
- The NVC, according to USCIS, "is responsible for collecting visa application fees and supporting documentation." USCIS says the NVC notifies the petitioner and the beneficiary when it receives the petition and when a visa number is about to become available, and tells the beneficiary when to pay fees and submit documents.
- Once the priority date is current or a visa is available, USCIS says "the consular office will schedule you for an interview."
- If the visa is granted, the applicant receives a sealed visa packet. USCIS says "Do not open this packet," that the applicant needs to pay the USCIS Immigrant Fee, and that the packet goes to a U.S. Customs and Border Protection (CBP) officer at the port of entry.
USCIS adds that you generally do not need to contact the NVC about your petition, because it will reach out for what it needs. USCIS says to contact the NVC if you change your address, if you were under 21 but have now reached 21, or if you change your marital status.
The status "Case Was Sent To Department Of State" in a USCIS account is explained on our status page.
Where the priority date and the Visa Bulletin fit in
USCIS says the Department of State "uses the priority date to determine an immigrant's place in the visa queue." USCIS also says a visa is available when your priority date is earlier than the cut-off date shown for your preference category. The Department of State publishes the monthly Visa Bulletin, and we track it on our Visa Bulletin page. For immediate relatives, USCIS says visas are unlimited, so the queue does not apply in the same way.
Common questions
Does an approved I-130 make my relative a Green Card holder?
No. USCIS says approval does not give your relative any immigration status or benefit. USCIS says that, generally, after approval the relative may apply for a Green Card.
Do I have to file the I-485 at the same time as the I-130?
For immediate relatives, USCIS says the I-485 can be filed with the I-130, while it is pending, or after it is approved and remains valid. If it is filed later, USCIS lists a copy of the Form I-797 approval or receipt notice for the I-130 as a document to include.
Can everyone with an approved I-130 file an I-485 right away?
Only if an immigrant visa is available. USCIS says that is always the case for immediate relatives. For family preference categories, USCIS lists as a requirement that an immigrant visa is immediately available to you when you file the I-485 and when USCIS makes a final decision.
Does USCIS schedule the visa interview?
For consular processing, USCIS says the consular office schedules the interview once the priority date is current or a visa is available.
Official sources
- USCIS: I-130, Petition for Alien Relative
- USCIS: Green Card for Immediate Relatives of U.S. Citizen
- USCIS: Green Card for Family Preference Immigrants
- USCIS: Consular Processing
- USCIS: Visa Availability and Priority Dates
- USCIS: I-485, Application to Register Permanent Residence or Adjust Status
GreenLight is not affiliated with USCIS or the U.S. government. This article is for informational purposes only and does not constitute legal advice.