The Biden Administration’s Plan for the I-130 Family-Based Petition

Attorney Dulce G. Oliveira • Jan 25, 2021

The Biden Administration’s Plan for the I-130 Family-Based Petition

A new dawn is rising as President Biden and his administration have big plans for immigration law. One of these plans surrounds a fast-tracked path to residency which starts with the famous I-130 Family-Based Petition. 

What is an I-130 Family Based Petition and why is it so important to file one for your loved ones now?

Famously nicknamed as a “petition” (or a “pedir” in Spanish) the I-130 is a FIRST STEP to family- based Adjustment of Status or Consular Processing, two avenues to U.S. Residency. 

The government wants to certify, that before they give someone an opportunity to become a resident through a family-based path, that the applicant is, in fact, related to one of its citizens or residents. The I-130 petition, then, provides all the information the government needs to certify this relationship. Once approved, depending on whether you are an immediate relative or not, the petition is given a priority date based on a numerical quota system for different categories of family members. 

Under the Biden Administration, this I-130 petition and the processes to become U.S. residents through family-based Adjustment of Status or Consular Processing would come under significant change. 

First, Biden proposes that spouses and unmarried children of green-card holders would become “immediate relatives” and would not have to wait for a priority date on their I-130 petition and, therefore, not be subject to a long wait to become residents via these petitions. 

These plans extend even further, to also benefit other loved ones with an approved I-130 petition but still awaiting the priority date of their petition to become current. Brothers, sisters, and married Children of U.S Citizens and Residents with an approved I-130 petition would be allowed to enter the United States on a non-immigrant visa while they await for that long-awaited-for priority date. 

Reforming immigration has been part of the Biden platform from the very beginning and now that we are seeing his plans for the I-130 petition, it is important to consult with an immigration attorney for family members that either want an I-130 filed on their behalf, or already have an approved I-130. 
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