I-130 Petition Lawyer in New York City
Preparing and filing family-based immigrant petitions for U.S. citizens and permanent residents sponsoring spouses, parents, children, and siblings.
Overview
What This Practice Covers — and Who Needs It
Form I-130, Petition for Alien Relative, is the foundational document in most family-based U.S. immigration cases. Filing I-130 is how a U.S. citizen or lawful permanent resident formally establishes a qualifying family relationship that entitles the relative to pursue a green card. The petition itself does not grant any immigration status — approval only confirms the family relationship. But without an approved I-130, the beneficiary cannot proceed to the green card stage through adjustment of status or consular processing.
Yazdi Law represents petitioners filing I-130s across the full range of family categories — U.S. citizens petitioning for spouses, parents, minor children, adult children, and siblings; lawful permanent residents petitioning for spouses and unmarried children. We handle straightforward cases, cases complicated by prior marriages or immigration issues, step-parent and step-child petitions, adopted-child petitions, and cases involving beneficiaries who are abroad, in the U.S. legally, or in the U.S. without status. Our office is at 261 Madison Avenue in Midtown Manhattan, and we file cases on behalf of clients across New York City, the surrounding counties, and nationally. We handle Farsi-speaking clients in their preferred language. Call (917) 565-7286 for a free consultation to discuss your family situation and the right filing strategy.
Legal Foundation
The Legal Framework
I-130 petitions are governed by the Immigration and Nationality Act (INA) and adjudicated by U.S. Citizenship and Immigration Services (USCIS), an agency within the Department of Homeland Security. Which statute applies depends on the relationship between the petitioner and beneficiary.
Immediate relatives
Under INA § 201(b), the following relatives of U.S. citizens are classified as "immediate relatives": spouses, parents (only if the petitioning U.S. citizen is 21 or older), and unmarried children under 21. Immediate relatives are not subject to annual visa quotas, which means a visa is immediately available upon I-130 approval. This is the fastest category of family-based immigration. For spouses already in the U.S. in a valid status, concurrent filing of Form I-485 alongside Form I-130 is available and substantially accelerates the overall green card timeline.
Family preference categories
Under INA § 203(a), other qualifying relatives fall into family preference categories subject to annual statutory caps. The categories include F1 (unmarried adult sons and daughters of U.S. citizens), F2A (spouses and minor children of lawful permanent residents), F2B (unmarried adult sons and daughters of lawful permanent residents), F3 (married sons and daughters of U.S. citizens), and F4 (siblings of U.S. citizens). Each category has an annual cap, and wait times for a visa number to become available vary dramatically by category and country of birth, tracked monthly in the Department of State's Visa Bulletin.
The forms and supporting documents
The petition itself is Form I-130, accompanied by Form I-130A (Supplemental Information for Spouse Beneficiary) when applicable. Supporting documents typically include the petitioner's proof of U.S. citizenship or permanent residence, evidence of the qualifying family relationship (marriage certificate, birth certificates, adoption decrees, divorce decrees for prior marriages), photographs and bona fides evidence for spousal cases, and any documents establishing lineage. As of 2026, USCIS filing fees for Form I-130 are $675 for paper filing and $625 for online filing. Fee waivers are available in limited circumstances under Form I-912.
Filing location and venue
Form I-130 can be filed online through a USCIS account or by mail to one of USCIS's designated lockbox facilities — typically the Chicago, Dallas, Elgin, or Phoenix lockbox depending on the petitioner's residence and whether Form I-485 is being filed concurrently. After lockbox intake, petitions are routed to the appropriate USCIS service center or, for concurrent-filing cases, to the USCIS field office serving the petitioner's residence — the USCIS New York field office at 26 Federal Plaza for most New York City petitioners.
How It Works
The Process, Step by Step
A typical I-130 petition proceeds through the following stages.
Initial consultation and strategy
At the consultation, we discuss the petitioner's status, the beneficiary's location and status, any prior immigration history, and any potential complicating factors — prior marriages, prior immigration filings, criminal history, or visa overstays. We determine the proper filing category, whether concurrent filing of Form I-485 is available and advisable, whether any waivers or supplemental applications will be needed, and the realistic timeline for the specific circumstances.
Document gathering
We identify and help assemble the supporting documents required to prove the qualifying relationship. For spousal petitions, this includes marriage certificates, proof of termination of any prior marriages, and extensive bona fides evidence (joint financial documents, lease or mortgage, photographs spanning the relationship timeline, affidavits from family and friends, evidence of shared life). For parent and child petitions, birth certificates and proof of lineage are key. All foreign-language documents must be accompanied by certified English translations under 8 C.F.R. § 103.2(b)(3).
Preparation and filing
We prepare Form I-130, the supplemental Form I-130A when applicable, and all required supporting documentation in a complete, properly organized filing package. Where concurrent filing is appropriate, we also prepare Forms I-485, I-765, and I-131. The package is filed online or mailed to the correct USCIS lockbox, along with the required filing fees. USCIS issues a receipt notice (Form I-797C) typically within two to four weeks of filing, establishing the priority date that marks the beneficiary's place in line.
USCIS processing
USCIS reviews the petition and supporting documentation. If additional information is needed, the agency issues a Request for Evidence (RFE), which typically allows 87 days to respond. Proper, thorough RFE responses are essential — weak responses lead to denials. We draft RFE responses that address each specific concern with supplemental evidence. If the petition is approved without an RFE, USCIS issues an approval notice (Form I-797).
What happens after approval
For immediate relatives in the U.S. with a pending concurrent I-485, the adjustment of status case continues to the interview stage at the USCIS New York field office at 26 Federal Plaza, typically within several months of I-130 approval. For beneficiaries abroad, USCIS forwards the approved I-130 to the National Visa Center (NVC), which handles fee payment, document collection, and scheduling of an immigrant visa interview at the appropriate U.S. embassy or consulate. For family preference beneficiaries, the next step depends on whether the priority date is current on the Visa Bulletin — if it is, the case proceeds; if not, the beneficiary waits for priority date availability.
Realistic timelines
Concurrent-filed immediate relative cases (spouse, parent, minor child of U.S. citizen) adjusting status at the USCIS New York field office typically take 14 to 22 months from filing to green card approval. Standalone I-130 petitions for immediate relatives abroad typically take 13 to 18 months before transfer to NVC. Family preference categories are substantially longer, with F2A currently running around 30 months, F3 and F4 cases taking many years, and some country-specific backlogs extending into decades. Premium processing is not available for Form I-130.
What to Watch For
Common Pitfalls and How We Avoid Them
I-130 petitions are deceptively complex. Many self-filed or poorly prepared cases encounter avoidable problems.
Choosing the wrong filing category or strategy
The choice between concurrent filing, sequential filing, and consular processing has substantial implications for timeline, cost, and the beneficiary's ability to work and travel during the pendency of the case. Petitioners who file the wrong way — for example, sequentially when concurrent filing is available — often extend their timeline by many months.
Inadequate bona fides evidence for spousal petitions
Spousal petitions require documented proof that the marriage is genuine, not merely a marriage certificate. Filings that include only the certificate and a few photos routinely trigger Requests for Evidence or, worse, formal marriage fraud investigations. Proper preparation involves joint financial documentation, lease or mortgage, photographs spanning the relationship timeline, affidavits, communications records, and other evidence of shared life.
Missing or mishandled translations
Under 8 C.F.R. § 103.2(b)(3), every foreign-language document must be accompanied by a full English translation with a certification of accuracy from the translator. Translations that omit portions, use informal summaries rather than complete translations, or lack the required certification statement frequently trigger RFEs.
Failure to disclose prior issues
Prior marriages, prior immigration filings, prior arrests, visa overstays, and similar issues must be disclosed on Form I-130. Nondisclosure is treated more severely than the underlying issue and can result in misrepresentation findings with lifetime immigration consequences. We review clients' full history at the consultation and ensure disclosure is complete and properly contextualized.
Weak RFE responses
When USCIS issues a Request for Evidence, the response is the case's best (and sometimes last) opportunity to address concerns. Responses that are late, incomplete, or fail to directly address the specific evidence USCIS identified often result in denials. We prepare RFE responses that treat each concern individually with supplemental evidence and, where appropriate, legal argument.
Free Consultation
Considering an I-130 petition for a family member? Discuss your case with an experienced New York immigration attorney. Farsi available.
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Costs and What's Included
Attorney fees for I-130 representation at Yazdi Law depend on the specifics of each case — the category being filed, whether concurrent filing with I-485 is involved, the complexity of the family history, and whether waivers or supplemental applications are needed. Straightforward cases are typically quoted at a flat fee discussed at the initial consultation. More complex cases — those involving prior immigration issues, criminal history, or waivers — may involve additional scope.
Representation generally includes the initial consultation and case strategy, preparation of Form I-130 and the supplemental Form I-130A when applicable, guidance on gathering and organizing supporting evidence, review and certification of translations when needed, filing with USCIS (online or lockbox), tracking case status and receipt notices, drafting responses to any Requests for Evidence, coordination of next-step filings (I-485 for concurrent cases, or NVC processing for consular cases), and communication throughout the pendency of the petition.
USCIS filing fees are separate from attorney fees and are paid directly to the government. As of 2026, the I-130 filing fee is $675 for paper filing and $625 for online filing. For concurrent cases, additional USCIS fees apply for I-485, I-765, and I-131. Fee structures are discussed openly at the consultation and set out in a written retainer agreement before any work begins.
FAQ
Frequently Asked Questions
How long does an I-130 petition take to be approved?
What's the difference between filing an I-130 for an immediate relative versus a family preference category?
Can I file Form I-485 at the same time as Form I-130?
What happens after USCIS approves the I-130?
Schedule a Consultation
If you are a U.S. citizen or permanent resident considering an I-130 petition for a family member — or if you have already filed and received a Request for Evidence or a notice from USCIS — call Yazdi Law at (917) 565-7286 or request a consultation online. Our Midtown Manhattan office is at 261 Madison Avenue, Suite 1035, two blocks from Grand Central Terminal. Initial consultations are free. Representation is available in English and Farsi.
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Disclaimer: The information on this page is for general informational purposes and does not constitute legal advice. USCIS processing times, filing fees, forms, and procedures reflect publicly available information as of the date of publication and may change. Every case is unique; outcomes depend on specific facts and circumstances. Contacting Yazdi Law does not create an attorney-client relationship. Attorney Advertising.