An I-130 petition establishes a qualifying relationship. It’s often filed by a U.S. citizen or lawful permanent resident. This is done for a relative seeking a green card. Sometimes, the petitioner’s status changes after filing. This might be from a green card holder to a U.S. citizen. In this case, you’d need to upgrade the I-130 petition.
Writing this letter can feel daunting. Don’t worry, we’ve got you covered. We will share sample letters to help you.
This article provides templates and examples. These samples will simplify the upgrade process. Use these samples to create your own letter.
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 A-Number (if known)]**
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], with a priority date of [Priority Date].
The original petition was filed when [Beneficiary’s Name] was unmarried. [He/She] is now married to [Spouse’s Name], and I am requesting that the petition be upgraded to reflect this change in marital status.
I understand that this upgrade will change [Beneficiary’s Name]’s preference category. I am prepared to provide any additional documentation required to support this request, including [Beneficiary’s] marriage certificate and proof of [Spouse’s Name]’s legal status.
Thank you for your time and consideration. I look forward to your response.
Sincerely,
[Your Name]
[Your Signature]
How to Write Letter To Upgrade An I-130 Petition
Subject Line: Clarity is Key
The subject line is your first impression. Make it count. Shun ambiguity and opt for precision.
- Example: “Request to Upgrade I-130 Petition – [Your Name], [Beneficiary’s Name], Receipt Number: [Receipt Number]”
- Always incorporate the receipt number. This is crucial for expeditious processing.
Salutation: Respect and Formality
Begin with a salutation that exudes respect but isn’t overly obsequious. Remember, you’re addressing a government official, not penning a love sonnet.
- Preferred: “Dear USCIS Officer,” or “To Whom It May Concern:”
- Avoid informal greetings. This isn’t the time for “Hey!”
Introduction: Succinctly State Your Purpose
Launch directly into the letter’s purpose. Don’t meander or obfuscate your intentions. Clarity is paramount.
- Clearly state you are requesting an upgrade to the I-130 petition. Mention the petitioner and beneficiary names, and the receipt number.
- Example: “I am writing to formally request an upgrade to the approved I-130 petition, Receipt Number [Receipt Number], filed on behalf of [Beneficiary’s Name] by [Petitioner’s Name].”
Body Paragraph 1: Justification for the Upgrade
Here, you elucidate the reason for the upgrade. This is where you articulate the change in circumstances necessitating the upgrade.
- Clearly explain the grounds for the upgrade (e.g., petitioner becoming a U.S. citizen, beneficiary marrying the petitioner).
- Provide supporting documentation details. For instance, if the petitioner naturalized, mention the certificate number and date of naturalization.
- Example: “Since the filing of the I-130 petition, I, [Petitioner’s Name], have naturalized and become a U.S. citizen. Attached is a copy of my Certificate of Naturalization, number [Certificate Number], issued on [Date of Issuance], as corroborating evidence.”
Body Paragraph 2: Elaboration and Emphasis
Reinforce your request by underscoring the benefits of the upgrade. This section pivots on presenting a compelling rationale.
- Reiterate the positive impact of the upgrade on the beneficiary’s immigration process.
- Briefly explain how the upgrade aligns with immigration laws and regulations.
- Example: “Upgrading the I-130 petition to reflect my U.S. citizenship will expedite the beneficiary’s immigration process and facilitate their lawful entry into the United States, in accordance with applicable immigration laws.”
Enclosures: Meticulous Documentation
List all supporting documents appended to your letter. This demonstrates thoroughness and diligence.
- Clearly list each document.
- Examples:
- Copy of Petitioner’s Certificate of Naturalization
- Copy of Beneficiary’s Birth Certificate
- Copy of I-797 Approval Notice for the I-130 Petition
Closing: Courteous and Concise
End with a polite closing statement. Express gratitude and offer further assistance.
- Express appreciation for their time and consideration.
- Offer to provide additional information if needed.
- Example: “Thank you for your time and consideration in this matter. I am available to provide any further information or documentation you may require. Sincerely, [Your Name], [Your Contact Information]”
Frequently Asked Questions: Upgrading an I-130 Petition
This section addresses common inquiries regarding the process of upgrading an I-130 petition. An upgrade may be possible if the petitioner’s status changes after the initial filing.
When is it necessary to upgrade an I-130 petition?
An upgrade is necessary when the petitioner, a U.S. permanent resident, becomes a U.S. citizen after filing Form I-130 for a relative. This change can provide the beneficiary with more immigration options.
What is the main benefit of upgrading an I-130 petition?
Upgrading the petition from a lawful permanent resident to a U.S. citizen petitioner can make the beneficiary an immediate relative, potentially eliminating visa backlogs and annual limits.
What documents should be included in a sample letter to upgrade an I-130 petition?
Include a copy of the petitioner’s naturalization certificate, a copy of the original I-130 receipt notice, and a brief statement explaining the request for an upgrade based on the petitioner’s new citizenship status.
Where should the upgrade request be sent?
The upgrade request should be sent to the USCIS service center that is currently processing the I-130 petition. Refer to the I-130 receipt notice for the appropriate address.
Is there a fee associated with upgrading an I-130 petition?
No, there is no additional fee to upgrade an I-130 petition based on the petitioner’s naturalization. The upgrade is considered an update to the existing petition.