How to File Immigrant Petitions I-130 and I-140: Step-by-step Guide

Citizens of the U.S. and lawful permanent resident petitioners living in the U.S. may need to sponsor an immigrant petition to allow them to move tHow to File Immigrant Petitions I-130 and I-140: Step-by-step Guide

This guide will walk you through how to file immigration petition forms I‑130 and I‑140. We’ll cover eligibility, where and how to file, timelines, and whether to file I‑130 online or by mail. You’ll also learn how to file I‑140 and explore the differences between family‑ and employment‑based petitions. Read on for clear, straightforward advice.

What Is an Immigrant Petition and Why It Matters

An immigrant petition is the official request filed with U.S. Citizenship and Immigration Services (USCIS) to sponsor someone to immigrate to the United States. Whether you’re sponsoring a relative or filing for yourself through employment, this petition sets the whole process in motion. Without it, you cannot move forward with obtaining residency.

To file immigration petition forms like I‑130 or I‑140, the petitioner—either a family member or employer—must provide documentation and pay filing fees. The petition shows you meet eligibility requirements and explains why the government should grant permanent residency. Approval of the petition does not guarantee residency, but it puts the applicant in line to begin that next stage.

Family-Based Immigration: File I-130 Online or by Mail

If you are sponsoring a relative, you will use Form I‑130, Petition for Alien Relative. A U.S. citizen or lawful permanent resident may file I‑130 online or choose to file I‑130 online or by mail, depending on their preference and eligibility.

When you file an I‑130 online, you benefit from digital guidance, automatic submission receipt, and secure document upload. Filing online tends to reduce errors and speed up initial processing. On the other hand, mailing your Form I‑130 means sending paper documents and waiting for a physical receipt notice. Both methods are accepted, but going digital simplifies tracking your USCIS case status if you combine it with your USCIS account.

Where to File I-130: Choosing Between Options

Knowing where to file I‑130 depends on where you live and your preference for digital or paper filing. If filing online, you don’t need an address—USCIS processes everything electronically. If you choose to mail, the form instructions specify which USCIS Lockbox facility to use depending on your region and whether you’re including extra items like Form G‑1145.

Importantly, USCIS updates its mailing addresses periodically, so always check the latest “Where to File I‑130” instructions before sending. If you send to the wrong facility, your petition may be delayed or rejected. Your petition is only considered filed once your package arrives at the correct address.

Employment-Based Immigration: How to File I-140

To file an I‑140 form, the employer in the U.S. generally sponsors the immigrant worker. The employer files the Immigrant Petition for Alien Worker, which shows why they need to hire someone from abroad rather than a U.S.-based worker.

In certain cases, individuals may file an I‑140 on their own behalf—such as through the National Interest Waiver or extraordinary ability categories. These applicants don’t need an employer sponsor, but they still must submit a complete petition, include documentation of their achievements or job offer, and pay the filing fee. Filing properly is essential for the petition to be accepted and processed.

Document Checklist: What You’ll Need to File

When you file an immigration petition, you must put together a solid set of documents to support your case. Below is a checklist of important items to prepare before submitting either Form I‑130 or Form I‑140:

• Completed and signed petition form (I‑130 or I‑140)
• Filing fee payment (check or money order)
• Proof of the petitioner’s status (citizenship or green card)
• Proof of relationship or job offer and qualifications
• Form G‑1145 if you want email/text confirmation
• Certified translations of any documents not in English

Make sure all documents are legible and clearly organized. Missing items or unclear copies can lead to delays or rejection. When filing Form I‑130 online, you’ll upload digital versions of these items, which reduces the chance of lost paperwork.

Filing I-130: Step-by-Step Instructions

If you decide to file I‑130 online, start by creating a USCIS online account. Upload your petition form, supporting documents, and payment. USCIS will send a digital receipt and keep you updated through your account dashboard.

Alternatively, to file by mail, assemble your complete package—petition, documents, fee, and Form G‑1145 if applicable. Send it via tracked mail to the correct USCIS Lockbox. After receipt, USCIS will mail a Form I‑797 Notice of Action confirming they accepted your petition. Save that receipt for tracking your USCIS case status.

Filing I-140: What to Expect

For an employer-based petition, the employer fills out Form I‑140 and attaches job documents, worker qualifications, and proof that a labor certification (if needed) is approved. After submission, USCIS provides a receipt notice and begins reviewing your petition.

If you’re self-filing I‑140, include documentation of your qualifications—like awards, publications, or client contracts—and pay the correct fee. The same principles apply: provide clear documents, pay attention to form details, and keep records of every page submitted.

Processing Times: How Long Until Your Petition Is Approved?

Processing times vary depending on whether you file an immigration petition Form I‑130 or I‑140. Family-based I‑130 petitions can take several months to over a year, depending on your category (immediate relative vs. preference category) and service center workload.

Employment-based I‑140 petitions usually take 6 to 10 months, though you can use premium processing to reduce wait time to 15 calendar days for an extra fee. Timing varies, so regularly check USCIS’s estimated processing times to see where your application stands.

File I‑130 Online or by Mail? Pros and Cons

Deciding whether you should file I‑130 online or by mail depends on convenience and comfort with technology. Filing online provides faster receipt, fewer mistakes, and easier updates. You can track your USCIS case status as soon as it’s updated and manage your case from your USCIS dashboard.

Filing by mail may feel more familiar, but it takes longer, and you must keep a reliable tracked shipping record. Wrong delivery or incomplete submission can delay or derail your case. If you’re comfortable online, it’s generally better to file digitally for most applicants.

What Happens After You File the Petition

After you submit your petition, USCIS assigns a receipt number and sends a notice. They begin a review that includes verifying your documents, reviewing eligibility, and sometimes requesting evidence.

If documentation is incomplete or insufficient, USCIS may issue a Request for Evidence (RFE). Responding promptly and thoroughly is essential. If your petition is approved, you can then begin the next step—visa processing or adjusting status in the U.S.

How to Track Your Petition: USCIS Case Status

Once USCIS accepts your petition, you’ll use the receipt number to check your USCIS case status online. Visit the official website, log in to your USCIS account, and enter your number. You’ll see updates like “Case Was Received,” “Request for Evidence Sent,” or “Case Was Approved.”

Regularly monitoring your USCIS case status helps you stay informed and respond to requests quickly. You can also enable email or SMS alerts to receive updates automatically. This ensures you don’t miss important deadlines or notifications.

What to Do If Your Petition Is Delayed

If your USCIS case status shows no change beyond normal processing time, it may be delayed due to workload or missing paperwork. You can file a case inquiry through your USCIS account or call the USCIS Contact Center for assistance.

If the delay falls outside published processing times, request a service inquiry. In complex cases, you might consider reaching out to your congressional representative for help. Always keep documentation and communication records. This makes follow-up easier.

When to Seek Legal Help with Petition Filing

Some cases are complex—like those involving prior immigration issues, criminal records, or unclear eligibility. If you’re unsure whether you qualify or if your application involves a special category, it’s wise to consult an immigration attorney before you file immigration petition I‑130 or I‑140.

A lawyer can help you decide whether to file I‑130 online or by mail, prepare stronger documentation, and respond to Requests for Evidence. Legal assistance can save time, reduce mistakes, and increase your chances of approval, especially in complex cases.

Understanding Priority Dates and Visa Bulletin Categories

Before you file an immigration petition, it’s critical to understand how priority dates and visa bulletin categories affect your case. A priority date is essentially your place in line for a visa, and it’s established once USCIS receives your complete petition. This date determines when you or your relative may move forward in the green card process.

The U.S. Department of State publishes the Visa Bulletin monthly to show which priority dates are being processed for each visa category. Family- and employment-based green card categories often face long wait times, depending on your country of origin. Filing your I‑130 or I‑140 sooner rather than later is essential, especially if you’re from countries with high demand like India, China, Mexico, or the Philippines.

How the National Visa Center (NVC) Fits into the Immigration Process

After USCIS approves your immigration petition, your case is forwarded to the National Visa Center (NVC) if you’re applying from outside the U.S. The NVC’s job is to collect additional documents, process fees, and prepare the case for your visa interview at a U.S. embassy or consulate abroad.

It’s important to respond to NVC notices promptly and accurately. Delays in submitting requested documents or payments can result in significant setbacks. While the NVC does not make final decisions on visas, their processing stage is crucial for moving your approved immigration petition forward.

What Happens If Your Petition Is Denied?

In some cases, USCIS may deny your Form I‑130 or I‑140. The denial letter will explain the reasons and whether you have a right to appeal. Common reasons for denial include lack of supporting evidence, ineligibility, fraud concerns, or clerical errors during filing.

If your petition is denied, you may have the option to file a Motion to Reopen, a Motion to Reconsider, or an appeal to the USCIS Administrative Appeals Office (AAO). In complex cases, it’s highly recommended to speak with an immigration attorney to explore your next steps and avoid repeat denials.

Premium Processing for Form I‑140: Is It Worth It?

Premium processing is a USCIS service that allows certain Form I‑140 petitions to be reviewed within 15 calendar days for an additional fee. This service can be extremely helpful if you have a time-sensitive job offer or need to adjust status quickly due to visa backlogs or expiration dates.

However, premium processing does not guarantee approval; it only speeds up the review. It’s also not available for every type of employment-based immigration category. If you’re unsure whether your I‑140 petition qualifies, consult the USCIS guidelines or an immigration attorney to assess whether the expedited service is worth the cost.

Can You File Both I‑130 and I‑140 If You Qualify for Both?

In rare situations, an individual may be eligible for both a family-based petition (I‑130) and an employment-based petition (I‑140). While USCIS does not allow duplicate green card filings for the same immigrant in the same category, it’s possible to maintain separate petitions under different categories.

For example, someone might be sponsored by a sibling using Form I‑130 and also have a job offer that qualifies them for an I‑140. Each petition proceeds along its own timeline, and the applicant may later choose which route to pursue, depending on which becomes available faster. Multiple approved petitions do not cause issues with USCIS but require strategic planning.

Final Tips to Ensure a Successful Filing of I-130 and I-140 Petitions

Successfully managing the process to file immigration petition involves attention to detail and careful planning. Always use the latest forms directly from the USCIS website. Keep organized copies of everything you submit and track your USCIS case status online to catch issues early.

Consider whether filing I‑130 online or mailing works best for your situation. Whether you’re filing for a family member or sponsoring yourself through employment, accurate documents, timely submission, and accurate tracking are important. With the right approach, you’ll put your best case forward.

Should you require any assistance, FileRight can help.