A “Sample Letter To Upgrade An I-130 Petition” is a request. It asks USCIS to change the category of an approved I-130 petition. This often happens when the petitioner’s or beneficiary’s circumstances change. For example, a petitioner might become a U.S. citizen after filing for their sibling.
Need to write this letter? You’re in the right place. We know it can be tricky. That’s why we’ve gathered examples.
This article provides sample letters. Use them as a guide. We’ll help you craft your own “Upgrade” letter. Make the process smoother.
Sample Letter To Upgrade An I 130 Petition
**Sample Letter To Upgrade An I 130 Petition**
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
[Date]
USCIS
[USCIS Address]
**Subject: Request to Upgrade I-130 Petition – [Beneficiary’s Name], [Beneficiary’s Date of Birth]**
Dear USCIS Officer,
I am writing to request an upgrade to the approved I-130 petition filed on behalf of my [relationship to beneficiary], [Beneficiary’s Name], born on [Beneficiary’s Date of Birth]. The original petition was filed on [Filing Date] and approved on [Approval Date]. The Receipt Number is [Receipt Number].
The basis for this upgrade request is a change in my status. I was a lawful permanent resident when the petition was initially filed. I am now a United States citizen, having been naturalized on [Naturalization Date]. A copy of my Certificate of Naturalization is enclosed for your reference.
Upgrading this petition will allow [Beneficiary’s Name] to potentially adjust status more quickly. I respectfully request that you update your records to reflect my current status as a U.S. citizen.
Thank you for your time and consideration. I look forward to your positive response.
Sincerely,
[Your Signature]
[Your Typed Name]
How to Write Letter To Upgrade An I 130 Petition
Subject Line: Clarity is Paramount
The subject line is your initial foray. It should be succinct yet informative, acting as a beacon for the adjudicator. Consider:
- “I-130 Petition Upgrade Request – [Petitioner’s Name] – [Beneficiary’s Name]”
- “Request to Upgrade I-130 Petition Following [Petitioner’s Changed Status]”
Avoid ambiguity. Be forthright about the letter’s purpose.
Salutation: A Respectful Overture
Begin with appropriate deference. Avoid overly casual greetings.
- “To Whom It May Concern,” (If the specific officer is unknown)
- “Dear USCIS Officer,” (Acceptable if no name is available)
Remember, civility begets consideration.
Introduction: State Your Intent
The introductory paragraph should immediately declare your intention. No circumlocution is necessary.
- “I am writing to formally request an upgrade to the previously filed I-130 petition on behalf of my [relationship to beneficiary], [Beneficiary’s Name], Receipt Number [Receipt Number].”
- “This letter serves as a formal request to upgrade the I-130 petition associated with Receipt Number [Receipt Number], due to my attainment of [new status, e.g., U.S. Citizenship].”
Ensure the receipt number is conspicuously displayed.
Body Paragraph 1: Detailing the Altered Circumstances
This section is the crux of your argument. Articulate the precise change in status that necessitates the upgrade.
- “Initially, I filed the I-130 petition as a lawful permanent resident. However, on [Date], I naturalized and became a United States citizen. A copy of my Certificate of Naturalization is appended for your perusal.”
- “The original I-130 petition was predicated on my status as a green card holder. My subsequent acquisition of U.S. citizenship on [Date] warrants an upgrade to expedite the beneficiary’s immigration process.”
Always include the date of the status change and attach supporting documentation.
Body Paragraph 2: Underscoring the Benefits of the Upgrade
Explain briefly the ramifications of the upgrade in terms of processing times and visa availability.
- “Upgrading the petition to reflect my U.S. citizenship will significantly expedite the visa availability for [Beneficiary’s Name], potentially allowing for a more expeditious immigration process.”
- “As a U.S. citizen petitioner, the upgrade will afford [Beneficiary’s Name] certain advantages regarding visa preference categories and processing timelines, thereby alleviating potential delays.”
A subtle reminder of efficiency can be persuasive.
Supporting Documentation: The Evidentiary Foundation
List all documents appended to the letter. Meticulous documentation is indispensable.
- “Please find enclosed the following documents in support of this request:”
- Copy of Petitioner’s Certificate of Naturalization
- Copy of I-130 Receipt Notice
- Any other pertinent documentation (e.g., marriage certificate, birth certificate)
Ensure copies are clear and legible.
Closing: A Cordial Conclusion
End with a polite and professional closing.
- “Thank you for your time and consideration in this matter. I anticipate a favorable response and remain available to provide any further information as needed.”
- “I appreciate your attention to this request and look forward to a prompt resolution. Please do not hesitate to contact me should you require additional clarification.”
Conclude with “Sincerely,” followed by your full name and contact information. Maintain a tone of respectful anticipation.
Frequently Asked Questions: Upgrading an I-130 Petition
This section addresses common inquiries regarding the process of upgrading an I-130 petition. It provides guidance on when and how to request an upgrade, along with relevant considerations.
When is it appropriate to request an upgrade to an I-130 petition?
An upgrade is appropriate when the beneficiary’s relationship to the petitioner changes, making them eligible for a different, more advantageous visa category. For example, if a petitioner becomes a U.S. citizen after filing for their sibling, the petition can be upgraded.
What information should be included in a sample letter to upgrade an I-130 petition?
The letter should include the petitioner’s name, address, phone number, and email address; the beneficiary’s name and date of birth; the original I-130 receipt number; a clear statement requesting the upgrade; and evidence supporting the change in relationship or status.
What supporting documents are typically required when requesting an upgrade?
Supporting documents usually include proof of the petitioner’s new status (e.g., a copy of the naturalization certificate), evidence of the qualifying relationship (e.g., birth certificates), and any other documents relevant to the upgrade request.
Where should the upgrade request letter and supporting documents be sent?
The upgrade request should be sent to the USCIS service center that is currently processing the I-130 petition. Check the USCIS website for the most up-to-date address information.
Is there a fee associated with upgrading an I-130 petition?
No, there is generally no additional fee to upgrade an I-130 petition. The original filing fee covers the processing of the petition, regardless of subsequent upgrades.