I-130 Petition Taking Too Long? Expert Tips To Speed Up Your Family-Based Immigration Case
19 April 2025By Alena Shautsova, New York Immigration Lawyer
The I-130 Petition is often the very first step in bringing your loved ones to the United States. But what happens when the process feels like it’s taking forever? If you’ve filed Form I-130, Petition for Alien Relative, and are still waiting after months—or even years—you’re not alone.
As a seasoned New York Immigration lawyer, I’ve helped hundreds of families navigate I-130 delays, fix errors, and find solutions to move their cases forward. In this blog, I’ll explain what causes delays, how to monitor your petition, and what steps you can take to speed up your case legally and effectively.
What Is Form I-130?
Form I-130 is used by U.S. citizens or lawful permanent residents (green card holders) to establish a family relationship with a foreign national relative. Approval of this form is required before your family member can receive a visa or adjust their status.
This petition is often filed for:
- Spouses
- Parents
- Children (under and over 21)
- Siblings (U.S. citizens only)
But despite its importance, processing times vary widely, and delays can disrupt family reunification goals.
Why Is My I-130 Petition Taking So Long?
1. Visa Category and Priority Dates
Immediate relatives of U.S. citizens—such as spouses, parents, and unmarried children under 21—typically face shorter wait times because visa numbers are always available.
However, other family-based categories (known as preference categories) like:
- Married children of U.S. citizens
- Siblings of U.S. citizens
- Spouses or children of green card holders
...may have years-long backlogs due to annual visa limits and country-specific caps.
Tip from a USA Immigration Lawyer: Always check the latest Visa Bulletin from the Department of State to see where your petition stands.
2. Incomplete or Incorrect Filing
Mistakes such as:
- Missing signatures
- Incorrect fees
- Outdated forms
- Lack of supporting documents (marriage certificate, birth certificate, etc.)
...can result in delays or rejection. If USCIS issues a Request for Evidence (RFE), you’ll need to respond within strict deadlines—usually 30 or 87 days—which adds months to the process.
3. Background Checks and Administrative Processing
USCIS performs security and background checks on both the petitioner and beneficiary. If either has:
- A prior immigration violation
- A criminal history
- Inconsistent application history
...your case might be flagged for additional review, delaying approval.
What Can You Do If Your I-130 Petition Is Delayed?
1. File a Complete and Accurate Application
Start strong. Submit all required documents with your I-130:
- Marriage certificate (for spouses)
- Birth certificates (for parents or children)
- Proof of bona fide relationship (photos, joint accounts, leases)
- Translation of any non-English documents
Double-check your application before sending it.
Advice from the best Immigration lawyer: A well-prepared petition can avoid delays caused by RFEs or denials—and save you months of waiting.
2. Request Expedited Processing
USCIS may consider expedited processing under limited circumstances, such as:
- Urgent humanitarian reasons
- Severe financial loss
- Petitioner is in the U.S. military
- National interest concerns
To request an expedite, you must contact USCIS and provide strong supporting evidence. A mere inconvenience won’t qualify—this is for emergencies.
3. Check USCIS Case Status and Processing Times
You can check your I-130 case status at uscis.gov using your receipt number. Also review your service center's average processing times to determine if your case is outside normal timelines.
If it is, you can:
- Submit an online inquiry through USCIS’s e-request system
- Call USCIS Contact Center to follow up
- Escalate through the USCIS Ombudsman for long-standing delays
4. Contact the USCIS Ombudsman
If your case is well beyond normal processing times, the Office of the Citizenship and Immigration Services Ombudsman can help resolve the delay.
You’ll need to:
- Submit Form DHS-7001
- Provide a detailed explanation and proof of prior attempts to resolve the issue
5. Consult a Trusted Immigration Lawyer
An experienced New York Immigration Lawyer can help you:
- Analyze the root cause of the delay
- Prepare and submit expedite requests
- Respond to RFEs or NOIDs
- Escalate unresolved cases to higher authorities
- Explore alternate visa options or adjustment pathways
Hiring the best Immigration lawyer can prevent costly mistakes and ensure your case is handled properly from the beginning.
How Long Should You Wait Before Taking Action?
Generally, if your case is:
- Pending for more than 12 months (for immediate relatives), or
- Past the average processing time listed by USCIS
...you should speak to an attorney and begin making inquiries. Do not wait until your family’s case is buried in red tape.
Final Thoughts: Be Proactive, Not Reactive
Waiting endlessly for an I-130 approval can be emotionally and financially draining. While the USCIS backlog is real, you are not powerless. With the right knowledge and strategy, you can avoid delays—or at least take the right steps to move things forward.
Is your I-130 petition stuck or delayed?
Get help from a New York Immigration lawyer who understands the system—and fights for families.
Call us: 917 885 2261
Visit: www.shautsova.com
Email: a.shautsova@gmail.com
Serving clients in New York and nationwide