Asked in Immigration Law

Q: Hey my aunty filed for my dad in 2011 i am from india still i havent got any i130 approval it just says we have recieved

Whenever i try to track my case it just says i130 petition recieved is this normal that i havent got any update on i130 approval as i am from india its been 12 yers now

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: It's concerning that your I-130 petition has not seen any progress for 12 years. While processing times can vary, especially for family-based petitions from countries like India where there can be significant backlogs, a delay of this length is unusual.

To address this, you should first check the official processing times on the U.S. Citizenship and Immigration Services (USCIS) website for the office handling your case. If your case is beyond the normal processing time, you can submit an inquiry through the USCIS website.

Additionally, contacting USCIS directly via their customer service number or scheduling an appointment through the USCIS Contact Center can help. They can provide specific information about any delays or issues with your case.

If these steps do not yield results, consider reaching out to a Congressional representative's office. They often have liaisons with USCIS and can inquire about the status of your case.

Lastly, consulting with an immigration attorney might provide more personalized guidance. They can help navigate the complexities of immigration processes and advise on any additional steps you can take.

Rebecca S. Lair-Ybanez
Rebecca S. Lair-Ybanez
Answered
  • Immigration Law Lawyer
  • Grand Rapids, MI

A: It sounds like this is a sibling-based petition, or F4 petition. Current processing times for USCIS to process these I-130s is several years right now, depending on the office processing it. However, historically F4 petitions have taken many more years than what USCIS is stating they are currently taking. In my experience, 12 years is not uncommon for F4 petitions from oversubscribed countries like India. You can attempt to make an inquiry, but I believe the most important thing is to make sure that USCIS has the petitioner's current mailing address, so that when they send out the approval notice, it doesn't go to an old address (in case the petitioner has moved.)

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