Understanding Form I-130: Additional Information About You (Petitioner) in Part 2

Form I-130, officially known as the “Petition for Alien Relative,” is a critical document in the process of sponsoring a family member for a green card in the United States. Within this form, there is a section titled “Additional Information About You (Petitioner)” that requires the sponsoring petitioner to provide essential details about their immigration status. In this article, we will explore this section and guide you on how to accurately fill it out.

Understanding the “Additional Information About You (Petitioner)” Section

The “Additional Information About You (Petitioner)” section serves a crucial purpose. It requires the sponsoring petitioner to provide specific information related to their immigration status. This information is vital for USCIS to verify the petitioner’s eligibility to sponsor a family member for a green card.

In this section, the petitioner will need to address various items, each of which contributes to a comprehensive understanding of their immigration history and status. The accuracy of the details provided here is imperative to prevent processing delays and ensure a smooth progression through the immigration process. they are on page 3 of I-130, Additional Information About You (Petitioner)

Number 36: Petitioner’s Immigration Status

 

Item 36 in Form I-130 is dedicated to ascertaining the petitioner’s current immigration status. It presents two distinct options for the petitioner to choose from: “U.S. Citizen” or “Lawful Permanent Resident.” The choice made in this section holds significant importance as it influences the subsequent questions that the petitioner will need to address.

Please remember to choose only one box that accurately reflects your current immigration status. In the sections that follow, we will provide detailed guidance based on your selection.

Number 37: My Citizenship Was Acquired Through?

 

This is designed to inquire about how the petitioner acquired their U.S. citizenship. This is a significant step as it determines the path through which the petitioner became a U.S. citizen. There are three possible options to select from:

• Birth in the United States
• Naturalization
• Parents

It’s essential that the petitioner selects the option that most accurately reflects their individual situation.

Number 38: Have You Obtained a Certificates of Naturalization or a Certificate of Citizenship

 

Here, the petitioner is asked a straightforward question: “Have you obtained a Certificate of Naturalization or a Certificate of Citizenship?” The response to this question should be a simple “Yes” or “No.”

If the answer is “Yes,” the petitioner will need to provide further information in the subsequent questions. A “No” response suggests that no additional details are required for this item.

Number 39 (if “Yes” for Number 38)

 

If the petitioner responded “Yes” to Number 38, they will need to provide additional details For number 39.a, 39.b, and 39.c. This number is divided into three sub-items:

a. Certificate Number

In this section, the petitioner should provide the certificate number associated with their Certificate of Naturalization or Certificate of Citizenship. This number is unique to the document and is a crucial piece of information for USCIS to verify the petitioner’s citizenship status.

b. Place of Issuance

The second sub-item in Item 39 requires the petitioner to specify the place where their Certificate of Naturalization or Certificate of Citizenship was issued. This typically includes the city or town and state where the document was granted.

c. Date of Issuance (mm/dd/yyyy)

The final sub-item pertains to the date of issuance of the Certificate of Naturalization or Certificate of Citizenship. The petitioner should provide this date in the “mm/dd/yyyy” format.

In the upcoming sections, we will delve into Item 40, which is specific to lawful permanent residents, and Item 41, which focuses on how lawful permanent resident status was gained.

Case Study For  Additional Information About You (Petitioner)

Complete the “Additional Information About You (Petitioner)” section of Form I-130 with the following answers:

• Item 36 – Petitioner’s Immigration Status: U.S. Citizen
• Item 37 – How Citizenship Was Acquired: Naturalization
• Item 38 – Have You Obtained a Certificates of Naturalization or a Certificate of Citizenship: Yes
• Item 39 (if “Yes” for Item 38):
  • a. Certificate Number: CN12345678
  • b. Place of Issuance: Los Angeles, California
  • c. Date of Issuance: 02/15/2005

Information About You (Petitioner) (Continued)

Before delving into the details of Part 2, it’s essential to clarify that this section is specifically intended for individuals who have selected “I am a Lawful Permanent Resident” for item number 36 on Form I-130. If you marked “I am a U.S. Citizen” on this form, Part 2 is not applicable to your situation, and you can safely disregard it.

Number 40.a – Class of Admission

In Part 2 of Form I-130, Item 40.a requests the petitioner’s “Class of Admission.” This refers to the immigration category under which you were granted lawful permanent resident (LPR) status. Common classes of admission encompass various immigration pathways, including family-sponsored, employment-based, refugee or asylee, diversity visa, and more

Number 40.b – Date of Admission (mm/dd/yyyy)

Item 40.b asks for the petitioner’s date of admission to the United States as an LPR. This date plays a pivotal role in establishing the duration of your LPR status, which is a key consideration in the processing of the I-130 petition.

C. Place of Admission

Part 2 of Form I-130 also requests details about the place of your admission to the United States, specifically:

• Number 40.c – City or Town

• Number 40.d – State

Number 41 – Gaining Lawful Permanent Resident Status

Item 41 in Part 2 of Form I-130 poses a specific question to the petitioner:

• Did you gain lawful permanent resident status through marriage to a U.S. citizen or lawful permanent resident?

This question is pivotal in establishing the circumstances under which the petitioner acquired lawful permanent resident (LPR) status. It helps immigration authorities determine the nature of the petitioner’s relationship and the specific pathway through which the petitioner became an LPR.

Case Study: Maria’s I-130 Petition

Maria, a lawful permanent resident (LPR) in the United States, has decided to sponsor her foreign national spouse, Juan, for an immigrant visa. She begins by completing Form I-130, with a focus on Part 2 – “Information About You (Petitioner) (continued).”

Number 36 – Status

Status: Maria is an LPR and selects “I am a Lawful Permanent Resident” for this item.

Number 40.a – Class of Admission

Class of Admission: Maria’s Class of Admission is “IR1,” which represents Immediate Relative Spouse of a U.S. Citizen.

Number 40.b – Date of Admission (mm/dd/yyyy)

Date of Admission: Maria’s LPR status was granted on January 15, 2018. She correctly enters this as 01/15/2018, using the format required (mm/dd/yyyy).

Place of Admission

• Item 40.c – City or Town: Maria was admitted in Miami.
• Item 40.d – State: The state of her admission was Florida (FL).

Number 41 – Did you gain lawful permanent resident status through marriage to a U.S. citizen or lawful permanent resident?

Maria answers “Yes” to this question, indicating that she acquired her LPR status through marriage to a U.S. citizen. This truthful response establishes the nature of her relationship with the beneficiary, Juan, and the basis of her sponsorship.

Filing Fee Information from USCIS

• Filing Fee: $535.
• Accepted Payment Methods:
  • You may pay the fee with a money order, personal check, cashier’s check, or pay by credit card using Form G-1450, Authorization for Credit Card Transactions.
  • If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
• Payment Agreement:
  • When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.
  • Use our Fee Calculator to help determine your fee.
• Pay Each Filing Fee Separately:
  • We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. Because of this, you must pay each filing fee separately for any form you submit.
  • We may reject your entire package if you submit a single, combined payment for multiple forms.