What are the 3 goals of the U.S. government with the I-130?

Last update: April 23, 2019

What is form I-130?

The I-130 is signed and submitted by the sponsor, not by the applicant. It is technically a ‘petition’: the sponsor is requesting that USCIS grants him or her a ‘benefit’. The benefit is the ability to provide a green card to a family relative.

Who is proving what for the I-130?

The burden is on the petitioner to establish that he is eligible for the benefit. This is the opposite of a criminal case where the government first has to prove its case. Here, if the sponsor and the applicant fail to show eligibility, then the application will be denied. The government is not called upon to make any showing of ineligibility until the applicant has first shown that he or she is eligible.

What are the three goals of the I-130?

  1. Proving that the sponsor is indeed a U.S. citizen or a green card holder.
  2. Proving that the applicant’s circumstances fit a green card category.
  3. Proving that the family relationship was established in a way that meets U.S. immigration agencies criteria.

The goal of the applicant is to prove the three pillars of eligibility through the submission of the form i-130 as well as supporting documents. Supporting documents aim at proving that what is said in the form is true.