The petition for an alien relative is filed through a form I-130 petition. This is usually filed with the USCIS service center serving your jurisdiction. Once this petition is approved, the case is transferred to National Visa Center where after processing is transferred to the US consulate serving the alien’s foreign’s residence.

The entire process is quite delicate and depending how well the paperwork is prepared can take up to 1 year to adjudicate. There are many requirements that need to be met before someone can come to the US.


If your parent is inside the US and has entered on a a valid visa and obtained a valid status, although the status might have expired, your parent(s) is/are entitled to adjustment of status. Adjustment of status through a US citizen petitioner will allow immediate status once the required paperwork are filed. Note that in case, your parents tried and obtained certain non immigrant visas such as B1/B2 visas just with the intention of adjusting in the United States, USCIS has the right to construe that application as a fraudulent application. Please call our office 510.742.587 for detailed information on the matter.