I-130s To Be Adjudicated Only When Visa Numbers Available
July 16, 2004
USCIS has announced that it is now processing all Form I-130, Petitions for Alien Relative, as visa numbers become available. Filing and approval of an I-130 relative petition is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident. This process will allow USCIS to concentrate resources first on cases where visas are actually available. USCIS states that this process should not delay the ability of one's relative to apply for an immigrant visa or adjustment of status.
Refer to www.state.gov/travel to determine current visa availability dates. If you have filed an I-130 petition that is currently pending, USCIS will adjudicate your petition based upon visa availability which means that the estimated processing time listed on your receipt notice may no longer be accurate. If you are a U.S. Citizen or lawful permanent resident and plan to file a petition for a qualifying relative, you are encouraged to file as soon as you are eligible in order to establish your relatives place in line even if the petition may not be decided for some time to come. Upon filing, USCIS will send you a receipt that will establish a place in line for a visa called a "priority date". USCIS will adjudicate your Form I-130 prior to visa availability or within six months if a visa is immediately available upon filing.
