New USCIS I-130 Form and I-130-A

U.S. Citizenship and Immigration Services released an updated version of Form I-130, Petition for Alien Relative on Feb. 28, 2017.

The new USCIS I-130 Form is now 12 pages.

It includes both format changes and additional questions asked about both the petitioner and the beneficiary.

The new I-130 form also has new declarations and certifications to be completed by the petitioner, interpreter (if applicable) and preparer (if applicable).

The G-325A will no longer be required for either the petitioner or beneficiary in a spousal case.

Instead, a new Form I-130A, Supplemental Information for Spouse Beneficiary, must be submitted with every I-130 spouse case.

The I-130A is used to collect background information on the beneficiary, such as address and employment history for the last five years, last physical address outside the United States, and parental information.

If a spouse is overseas, the Form I-130A must still be completed, but the spouse abroad does not need to sign the form.

Also, the instructions accompanying the new I-130 say two color passport-style photographs of both the petitioner and the beneficiary spouse must be submitted, unless the spouse is abroad. In that situation only the petitioner’s photos are required.

A notable addition to the revised instructions to the new I-130 is found on page 3, in a section called Biometric Services Appointment. This section explains that USICS may require petitioners to appear for an interview at any time to provide fingerprints, a photograph and/or a signature verifying identity, to collect additional information, and to conduct background and security checks including an FBI criminal history check.

The instructions further explain that after receipt of the I-130, USCIS will ensure it is complete and will notify the petitioner in writing if he or she needs to attend a biometrics appointment. It is unclear from the instructions under what circumstances a petitioner will need to appear for biometrics, but this could potentially affect the processing time.