130 Evidence

[csh2020 10]

A family member (US Permanent Resident) is preparing to file a peition for her 6 month old biological child. Is it best to file the initial I-130 online or regular mail? Is there a list of evidence that she needs to include? I looked for this information but cannot seem to find anything solid. Thanks for your help. 

[Dashinka 24,492]

Online is easier.  As to the required documents, the online form is pretty good at explaining, but you can also review the I130 instructions starting on page 6.

 

Good Luck!

 

https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

Edited December 28, 2021 by Dashinka

[jan22 3,053]

On 12/28/2021 at 4:37 PM, csh2020 said:

A family member (US Permanent Resident) is preparing to file a peition for her 6 month old biological child. Is it best to file the initial I-130 online or regular mail? Is there a list of evidence that she needs to include? I looked for this information but cannot seem to find anything solid. Thanks for your help. 

I am assuming that the LPR mother was outside the US when her biological child was born.  (If this involves surrogacy, and she was not, the following does not apply).  I am also assuming that the father is not a US citizen who has transmitted his US citizenship to the baby, as that would require securing a US passport for the baby.  So, if those assumptions are correct, there are a few other questions:

• Was the baby born during a temporary visit abroad of the LPR mother (i.e., the mother did not leave the US with the intent to abandon her residency; rather, she intended to return to the US after a temporary stay abroad)? 
• Is the LPR mother still outside the US with the baby? 
• If so, will her travel back and readmission to the US with the baby be her (the mother's) first trip back to the US since the baby was born?

If the answers to these questions are all "yes" and travel to the US occurs before the baby is two years old, the baby does not need a visa.  As long as the mother is found admissible as an LPR, so is the baby.  See 9 FAM 201.2-3 (https://fam.state.gov/fam/09FAM/09FAM020102.html) or 8 CFR, Section 211.1 (b)(1) (https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-211).  The baby would need a passport, a birth certificate with parents' names, and proof of the travelling parent's permanent residency.

 

 

Edited December 30, 2021 by jan22