An I-130 petition is the first step in helping a relative immigrate to the U.S. Sometimes, your relationship with that relative changes. This could affect their eligibility for faster processing. A “Sample Letter To Upgrade An I-130 Petition” is what you send to USCIS. It asks them to recognize this new relationship.
Need to write one? Don’t worry, you are not alone. Maybe you got married. Perhaps your relative became a U.S. citizen. These changes can significantly speed up the immigration process.
We’ve got you covered. We will share letter templates and examples. These samples will help you write your “upgrade” letter. This makes the process easier for you.
Sample Letter To Upgrade An I-130 Petition
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
[Date]
USCIS
[USCIS Address, if known, otherwise leave blank]
Subject: Request to Upgrade I-130 Petition – Receipt Number [Your Receipt Number]
Dear USCIS Officer,
I am writing to request an upgrade to the approved I-130 petition, Receipt Number [Your Receipt Number], which I filed on behalf of my [Relationship to Beneficiary], [Beneficiary’s Name]. This petition was originally filed when [Beneficiary’s Name] was unmarried/under 21.
Since the filing/approval of the petition, a change in circumstances has occurred. Specifically, [Beneficiary’s Name] is now my spouse/over 21. Therefore, I am requesting that the petition be upgraded to reflect the new, more advantageous visa category.
I have attached supporting documents to this letter, including [List of Documents Attached, e.g., marriage certificate, birth certificate].
I believe that upgrading this petition will greatly expedite the immigration process for my [Relationship to Beneficiary]. Thank you for considering my request. I look forward to your positive response.
Sincerely,
[Your Signature]
How to Write Sample Letter To Upgrade An I-130 Petition
Subject Line: Clarity and Conciseness
The subject line is your herald. It must be perspicuous and succinct.
- State the case: “Upgrade Request for I-130 Petition – [Petitioner’s Name] – [Beneficiary’s Name]”
- Include the receipt number: “I-130 Receipt Number: [Your Receipt Number]”
Salutation: Politeness Prevails
Address formally, demonstrating deference to the adjudicator.
- Use “Dear USCIS Officer:” if you don’t have a specific name.
- If known, “Dear Mr./Ms. [Officer’s Last Name]:” is preferable.
- Avoid casual greetings; maintain a professional register.
Introduction: Setting the Stage
Briefly introduce yourself and the purpose of the letter. Be direct; eschew circumlocution.
- Clearly state you are requesting an upgrade of the I-130 petition.
- Identify yourself as the petitioner.
- Reference the beneficiary’s name and the I-130 receipt number again for ease of reference.
- Example: “I am [Your Name], the petitioner for Form I-130, Receipt Number [Your Receipt Number], on behalf of my [relationship, e.g., spouse], [Beneficiary’s Name]. I am writing to formally request an upgrade of this petition.”
Body Paragraph 1: Grounds for Upgrade
Articulate the reason for the upgrade. Substantiate your claim with factual information.
- Clearly state the intervening circumstance that warrants the upgrade (e.g., petitioner becoming a U.S. citizen).
- Provide the date of the event (e.g., date of naturalization).
- Attach supporting documentation as evidence (e.g., copy of naturalization certificate).
- Example: “I am now a United States citizen, having been naturalized on [Date]. I respectfully request that my I-130 petition be upgraded to reflect this change in status. A copy of my naturalization certificate is enclosed for your perusal.”
Body Paragraph 2: Supporting Evidence Details
Itemize the enclosed documents. Ensure everything is cataloged for ease of review.
- List each document you are including.
- Specify the purpose of each document relative to your upgrade request.
- Example: “To support this request, I have enclosed the following documents: 1) A copy of my U.S. Naturalization Certificate; 2) A copy of my driver’s license reflecting my current address.”
Conclusion: Polite Assertion
Reiterate your request and express gratitude. Maintain a courteous yet assertive tone.
- Reiterate your request for the upgrade.
- Express your willingness to provide additional information if required.
- Thank the officer for their time and consideration.
- Example: “I earnestly request that you upgrade my I-130 petition based on my acquisition of U.S. citizenship. I am available to provide any further documentation or information required. Thank you for your time and attention to this matter.”
Closing: Formal Valediction
End with a professional closing.
- Use “Sincerely,” or “Respectfully,” followed by a comma.
- Type your full name below the closing.
- Sign your name above your typed name (if submitting a hard copy).
Frequently Asked Questions: Upgrading an I-130 Petition
This section addresses common inquiries regarding the process of upgrading an I-130 petition. It provides concise answers to assist petitioners in understanding the requirements and procedures involved.
What does it mean to “upgrade” an I-130 petition?
Upgrading an I-130 petition refers to a situation where the petitioner’s status changes in a way that allows the beneficiary to qualify for a different, potentially more favorable, visa category or faster processing.
What are some common scenarios that might warrant upgrading an I-130 petition?
Common scenarios include the petitioner becoming a U.S. citizen after initially filing as a lawful permanent resident, or the beneficiary’s child aging out of the “child” category.
Is a formal letter required to request an upgrade?
While not always explicitly mandated, submitting a formal letter is strongly recommended to formally notify USCIS of the change in circumstances and request the upgrade. This letter should be accompanied by supporting documentation.
What information should be included in the upgrade request letter?
The letter should include the petitioner’s name, address, A-number, receipt number of the I-130 petition, the beneficiary’s name and date of birth, and a clear explanation of the changed circumstance warranting the upgrade. It should also include copies of relevant supporting documents.
Where should the upgrade request letter and supporting documents be sent?
The letter and supporting documents should be sent to the USCIS service center that is currently processing the I-130 petition. Refer to the I-797C Notice of Action or the USCIS website for the appropriate address.
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