Templates Immigration I-130 Family Petition
I-130 Family Petition
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DISCLAIMER
This template is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney–client relationship. Immigration law is highly complex and fact-specific; practitioners must verify all information against the most current statutes, regulations, form editions, and agency instructions, and should consult the USCIS Policy Manual and other authoritative guidance. Always tailor this document to the particular facts of each case and seek qualified immigration counsel where appropriate.


PETITION FOR ALIEN RELATIVE

(Form I-130 Submission Package Template)

[// GUIDANCE: This template is designed as a practitioner‐ready framework to accompany the official USCIS Form I-130. It provides a robust cover letter and supporting attestations that satisfy customary defensive-drafting, evidentiary, and ethical requirements. It is NOT a substitute for the government form itself, which must be completed on the current USCIS edition.]


TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Petition & Filing Mechanics)
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Exhibit A – Petition Checklist & Index of Supporting Evidence
Exhibit B – Form G-28 (If Attorney/Accredited Representative)
Exhibit C – Copy of Completed Form I-130 (Latest Edition)
Exhibit D – Civil Status & Relationship Evidence
Exhibit E – Petitioner Status Evidence
Exhibit F – Filing Fee Remittance


I. DOCUMENT HEADER

  1. Document Title
    Petition for Alien Relative – Form I-130 Submission Package

  2. Parties
    a. “[PETITIONER FULL NAME]”, a United States [Citizen | Lawful Permanent Resident], hereinafter “Petitioner”; and
    b. “[BENEFICIARY FULL NAME]”, hereinafter “Beneficiary.”

  3. Recitals
    a. WHEREAS, under 8 U.S.C. § 1154 and 8 C.F.R. §§ 204.1–204.2, a U.S. citizen or lawful permanent resident may file a Petition for Alien Relative (Form I-130) to classify certain relatives for immigration benefits; and
    b. WHEREAS, Petitioner seeks to establish the qualifying relationship with Beneficiary for the purpose of conferring immigrant classification;
    NOW, THEREFORE, Petitioner submits this Petition Package with supporting evidence as set forth herein.

  4. Effective Date
    This Petition Package is effective as of “[DATE OF SIGNING]” and is deemed filed upon USCIS receipt of the properly executed Form I-130, requisite filing fee, and all required initial evidence.

  5. Jurisdiction & Venue
    Adjudication lies exclusively with U.S. Citizenship and Immigration Services (“USCIS”), subject to administrative appeal to the Board of Immigration Appeals (“BIA”) and, where applicable, judicial review in accordance with the Immigration and Nationality Act (“INA”) and federal regulations.


II. DEFINITIONS

For purposes of this Petition Package, capitalized terms have the meanings set forth below:

“Beneficiary” – The foreign national relative for whom immigrant classification is sought.

“BIA” – The Board of Immigration Appeals within the U.S. Department of Justice.

“Petition” – The official USCIS Form I-130 and all accompanying evidence.

“Petitioner” – The U.S. citizen or lawful permanent resident filing the Petition.

“Petition Package” – This document, all exhibits, forms, and evidentiary materials submitted contemporaneously.

“USCIS” – United States Citizenship and Immigration Services, U.S. Department of Homeland Security.

[// GUIDANCE: Keep the Definitions section short and only include terms that actually recur in the document.]


III. OPERATIVE PROVISIONS

  1. Filing of Petition
    a. Petitioner shall file the completed Form I-130, signed under penalty of perjury, together with the supporting documentation listed in Exhibit A.
    b. Filing Fee: Petitioner shall remit the required fee in the form of a check or money order payable to “U.S. Department of Homeland Security,” or as otherwise directed by USCIS.

  2. Evidence of Petitioner’s Status
    Petitioner attaches proof of U.S. citizenship / permanent residency (e.g., U.S. passport biographic page, naturalization certificate, or Form I-551 copy) as Exhibit E.

  3. Evidence of Qualifying Relationship
    Beneficiary’s relationship to Petitioner is evidenced by the civil documents and, where applicable, secondary evidence set forth in Exhibit D.

  4. Conditions Precedent
    Acceptance of this Petition by USCIS is conditioned upon:
    i. Use of the current Form I-130 edition;
    ii. Proper signature(s);
    iii. Correct fee; and
    iv. Inclusion of initial evidence as required by 8 C.F.R. § 103.2(b).

  5. Ongoing Duty to Supplement
    Petitioner shall promptly submit any additional evidence or responses to Requests for Evidence (“RFEs”) or Notices of Intent to Deny (“NOIDs”) issued by USCIS within the prescribed deadline.


IV. REPRESENTATIONS & WARRANTIES

  1. Accuracy of Information
    Petitioner represents that all statements, translations, and documents are true, correct, and complete to the best of Petitioner’s knowledge.

  2. Bona Fide Relationship
    Petitioner warrants that the relationship with Beneficiary is genuine and was not entered into for the purpose of evading immigration laws.

  3. Beneficiary’s Eligibility
    Petitioner represents that Beneficiary is not barred by any applicable ground of inadmissibility that cannot be waived.

  4. Survival
    The representations and warranties herein shall survive submission of the Petition and remain in effect until final adjudication.


V. COVENANTS & RESTRICTIONS

  1. Cooperation Covenant
    Petitioner and Beneficiary covenant to cooperate fully with USCIS, including attending interviews, providing biometrics, and responding to agency inquiries.

  2. Anti-Fraud Covenant
    Petitioner and Beneficiary agree not to engage in any activity constituting marriage fraud or misrepresentation under 8 U.S.C. § 1182(a)(6)(C).

  3. Notice Obligation
    The parties shall notify USCIS within ten (10) days of any material change (e.g., address, marital status) in accordance with 8 C.F.R. § 265.1.


VI. DEFAULT & REMEDIES

  1. Events of Default
    a. Submission of false statements or fraudulent documents;
    b. Failure to respond timely to an RFE or NOID;
    c. Non-appearance at a required interview; or
    d. Non-payment of required fees.

  2. Agency Remedies
    Upon default, USCIS may deny the Petition, revoke approval, or refer the matter for civil or criminal enforcement under 18 U.S.C. § 1001 and 8 U.S.C. § 1325.

  3. Cure Period
    Where permissible, Petitioner shall have the period specified in an RFE, NOID, or Notice of Intent to Revoke (“NOIR”) to cure the default.

  4. Attorneys’ Fees & Costs
    Each party bears its own costs; no private fee-shifting is available in administrative immigration proceedings absent statutory authorization.


VII. RISK ALLOCATION

  1. Indemnification
    Not applicable; immigration petitions are administrative filings, and indemnification between Petitioner and Beneficiary is neither customary nor enforceable in agency adjudication.

  2. Limitation of Liability
    Nothing in this Petition Package limits USCIS’s statutory enforcement authority or the parties’ liability for fraud or misrepresentation.

  3. Force Majeure
    Delays caused by governmental shutdowns, public health emergencies, or other events outside the parties’ control shall toll response deadlines to the extent USCIS provides automatic extensions or discretionary relief.


VIII. DISPUTE RESOLUTION

  1. Governing Law
    This Petition is governed exclusively by federal immigration law, including the INA (8 U.S.C. § 1101 et seq.) and implementing regulations.

  2. Forum Selection
    Primary jurisdiction lies with USCIS; appeals are governed by 8 C.F.R. § 103.3, with further review by the BIA and federal courts as provided by statute.

  3. Arbitration
    Not available for immigration benefit determinations.

  4. Jury Waiver
    Immigration petitions are adjudicated administratively; jury trials do not apply.

  5. Injunctive Relief
    Limited to statutory and constitutional challenges filed in federal court pursuant to 28 U.S.C. § 1331 and 5 U.S.C. § 702.


IX. GENERAL PROVISIONS

  1. Amendments & Supplements
    Any amendment to the Petition must be submitted on the current USCIS form or through written correspondence referencing the receipt number.

  2. Assignment
    The rights and obligations under the Petition are personal to the parties and may not be assigned.

  3. Severability
    If any provision of this Petition Package is found unenforceable, the remaining provisions shall remain in full force to the extent not inconsistent with applicable law.

  4. Entire Agreement
    This Petition Package and the official Form I-130, together with all exhibits, constitute the entire submission to USCIS.

  5. Counterparts & Electronic Signatures
    This cover letter may be executed in counterparts; wet signatures are required on Form I-130 unless USCIS authorizes otherwise.


X. EXECUTION BLOCK

IN WITNESS WHEREOF, Petitioner has executed this Petition Package on the date set forth below.


[PETITIONER FULL NAME]
Petitioner
Date: _______

[Optional if Beneficiary signs supplemental statement]


[BENEFICIARY FULL NAME]
Beneficiary
Date: _______

[If represented]


[ATTORNEY/ACCREDITED REPRESENTATIVE NAME]
As Attorney of Record (Form G-28 on file)
Bar No./Organization: ____
Date: _______


EXHIBIT A

Petition Checklist & Index of Supporting Evidence

  1. Form G-28 (if applicable)
  2. Form I-130, fully executed, latest USCIS edition
  3. Filing fee check or Form G-1450 (credit card authorization)
  4. Proof of Petitioner’s U.S. citizenship/LPR status
  5. Proof of qualifying relationship
    a. Marriage certificate / Birth certificate(s)
    b. Divorce decrees, death certificates, or annulment orders for prior marriages
  6. Two (2) passport-style photographs of Petitioner (if required)
  7. Two (2) passport-style photographs of Beneficiary (if required)
  8. Proof of legal name changes (if any)
  9. Evidence of bona fide relationship (e.g., joint lease, joint bank statements, photographs)
  10. Certified English translations, with translator certifications, for any non-English documents
  11. Form G-1145 e-Notification (optional)

[// GUIDANCE: Reorder or supplement checklist items based on case type—spouse, parent, child, or sibling petitions each require different documentary nuances.]


PRACTITIONER NOTES

[// GUIDANCE: The following bullet points flag frequent issues encountered in I-130 practice.]

• Double-check that civil documents originate from the issuing civil authority and meet country-specific reciprocity standards (see DOS Reciprocity Schedule).
• Confirm the current USCIS lockbox or service-center filing address; these change periodically.
• Where the Petitioner is a lawful permanent resident petitioning for a spouse or child, advise on potential preference category retrogression and priority-date tracking.
• For consular-processing cases, begin collecting financial documentation early for the forthcoming Form I-864 stage.
• Monitor the USCIS Policy Manual and Federal Register for fee changes or new public-charge rules affecting timing or documentation requirements.


END OF TEMPLATE

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