What Happens After Your I-130 Petition Is Approved? A Step-by-Step Guide
First of All: Congratulations!
Getting your I-130 petition approved is a huge step forward in your immigration journey. But it’s not the finish line—it’s the gateway to the next phase.
Whether your family member is in the U.S. or abroad, what happens next will depend on their location and immigration category.
At Hurtubise Weber Law, we help you understand exactly what comes next—so you’re always one step ahead.
What Is the I-130 Petition?
The I-130, Petition for Alien Relative, is used by U.S. citizens and green card holders to sponsor eligible family members for permanent residence.
What I-130 does: Confirms a qualifying family relationship
What it doesn’t do: Automatically grant a green card or work authorization
What Happens After I-130 Approval?
1. You Receive an Approval Notice (Form I-797)
This official confirmation from USCIS is your proof of approval. Keep it safe—it's required for the next steps.
2. What Happens Depends on Where Your Relative Is:
If Your Relative Is Outside the U.S. (Consular Processing)
Case transferred to the National Visa Center (NVC)
You’ll receive instructions to pay visa fees and complete Form DS-260 (the immigrant visa application)
Submit civil and financial documents like:
Birth & marriage certificates
Police clearances
Form I-864 (Affidavit of Support)
Attend a consular interview at a U.S. embassy or consulate
Undergo a medical exam and bring all required forms
Receive your immigrant visa to enter the U.S.
If Your Relative Is Inside the U.S. (Adjustment of Status)
File Form I-485 to adjust status to lawful permanent resident
Attend a biometrics appointment (fingerprints, photo, background check)
Prepare for a USCIS interview
Get your green card by mail if approved
📌 In some cases, I-130 and I-485 can be filed at the same time (called concurrent filing), speeding up the process.
How Long Does It Take?
Processing times vary based on:
Type of relationship (spouse vs. sibling)
Country of origin (some have longer backlogs)
Whether you’re adjusting status or going through consular processing
Don’t Forget the Visa Bulletin
If your relative falls under a family preference category (siblings, married children, etc.), their priority date must be “current” before they can move forward.
The Visa Bulletin, updated monthly by the Department of State, tells you when it’s your turn.
📌 Immediate relatives (spouses, parents, unmarried children under 21) usually don’t have to wait for visa availability.
⚠️ Delays and Challenges to Watch Out For
Even after I-130 approval, delays can happen due to:
Missing or incorrect documents
Background check red flags
Retrogression (visa numbers moving backward)
Interview complications
What Happens After the Interview?
If Abroad (Consular Processing):
You’ll receive a U.S. immigrant visa
After entering the U.S., pay the USCIS Immigrant Fee
Receive your physical green card by mail
If in the U.S. (Adjustment of Status):
If approved, you’ll receive your green card in the mail—your official proof of lawful permanent residence
⚠️ What If the I-130 Is Denied?
An I-130 denial doesn’t necessarily end your case—but it halts progress until the issue is resolved. Denials often stem from:
Missing proof of family relationship
Errors on forms
Immigration status problems
You can appeal or refile depending on the situation. We recommend legal support for the best outcome.
Practical Tips for Next Steps
Organize all paperwork (keep digital and physical copies)
Respond quickly to USCIS or NVC notices
Track your priority date using the Visa Bulletin
Consult an immigration attorney to avoid costly mistakes
❓ Frequently Asked Questions
Q: Does I-130 approval mean I’ll get a green card?
A: No—it means you’ve cleared the relationship hurdle, but the green card requires additional forms and interviews.
Q: Can I work in the U.S. after I-130 approval?
A: Only if you also receive a work permit (EAD) or green card.
Q: Can I withdraw my I-130 petition?
A: Yes, as long as the green card hasn’t been granted. Submit a written withdrawal request to USCIS or the NVC with your receipt number.
Get Personalized Help With Your I-130 Case
Whether you’re adjusting status from within the U.S. or navigating consular processing abroad, Hurtubise Weber Law is here to guide you through every step with confidence and clarity.
We serve individuals and families in San Francisco, San Jose, and beyond—helping turn immigration uncertainty into a clear, achievable path.
Contact Hurtubise Weber Law today to move forward with trusted legal support.