An I-130 petition is a crucial first step. It helps US citizens or lawful permanent residents sponsor a relative for a green card. Life changes, though. Sometimes, the relationship between the petitioner and beneficiary evolves. This might make the beneficiary eligible for a different, faster path to residency. That’s where a letter to upgrade an I-130 petition comes in. It formally asks USCIS to consider this new situation.
Writing to USCIS can feel daunting. You want to get it right. The good news is you don’t have to start from scratch.
In this article, we’ll share letter templates. These samples will help you request an I-130 upgrade. Use these as a guide. Tailor them to your specific situation for best results.
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, 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 [previously unmarried adult son/daughter/brother/sister], [Beneficiary’s Name], who is currently a resident of [Beneficiary’s Country].
The original I-130 petition was filed when [Beneficiary’s Name] was in the [preference category – e.g., F1, F3, F4] category. [He/She] is now eligible for a higher preference category, specifically the [new preference category – e.g., Immediate Relative] category, because [he/she] [married a U.S. citizen/turned 21 and is the child of a U.S. citizen/the petitioner became a U.S. citizen].
I am including the following documentation to support this request:
[List of enclosed documents. Examples:
- Copy of marriage certificate demonstrating marriage to a U.S. citizen.
- Copy of petitioner’s naturalization certificate.
- Beneficiary’s birth certificate.]
Upgrading this petition will significantly expedite [Beneficiary’s Name]’s immigration process. I respectfully request that you consider this upgrade request and update the I-130 petition accordingly.
Thank you for your time and consideration.
Sincerely,
[Your Signature]
How to Write Sample Letter To Upgrade An I 130 Petition
Subject Line: Clarity is Paramount
The subject line must be perspicuous. Instead of a generic “I-130 Upgrade,” opt for something like: “Urgent Request: Upgrade of I-130 Petition – [Petitioner’s Name] – [Beneficiary’s Name] – Receipt Number [Receipt Number].” Precision minimizes delays.
Salutation: Formal Yet Cordial
Maintain a professional composure. Address the USCIS adjudicator as “Dear USCIS Officer,” or if you know the specific name, “Dear Mr./Ms. [Officer’s Last Name].” Avoid overly familiar greetings.
Introduction: Concisely State Your Intent
Open with a succinct declaration of your purpose. For instance:
- “I am writing to formally request an upgrade of the I-130 petition currently pending on behalf of my [relationship to beneficiary], [Beneficiary’s Name], receipt number [Receipt Number].”
- “This request is predicated on the petitioner, [Petitioner’s Name]’s, attainment of U.S. citizenship on [Date of Naturalization].”
Body Paragraph 1: Substantiating Evidence of Upgrade Basis
This is where you present your irrefutable evidence. Include:
- The date the petitioner became a U.S. citizen (if upgrading from lawful permanent resident status).
- Attach a photocopy of the naturalization certificate. A certified copy is preferable, but a clear photocopy is typically acceptable initially.
- Reference the relevant section of immigration law that permits the upgrade. (If applicable, consult an attorney for this.)
Body Paragraph 2: Reinforce the Beneficiary’s Eligibility
Reiterate that the beneficiary remains eligible for immigration. State something along the lines of:
- “To the best of my knowledge, [Beneficiary’s Name] continues to meet all requirements for immigration based on this petition. There have been no intervening circumstances that would render them ineligible.”
- Briefly mention that all previously submitted documentation remains valid and accurate.
Conclusion: Summarize and Express Gratitude
Reiterate your request crisply and express appreciation for their time. For example:
- “In light of the aforementioned facts and supporting documentation, I respectfully request the expeditious upgrade of this I-130 petition. Thank you for your time and consideration in this matter.”
Closing: Formal Sign-Off
Conclude with a professional closing. Options include:
- “Sincerely,”
- “Respectfully,”
- “Very truly yours,”
Followed by your typed name, signature, and contact information (phone number and email address).
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 help you understand the requirements and procedures involved.
When can I upgrade an I-130 petition?
An I-130 petition can generally be upgraded when the beneficiary’s relationship to the petitioner changes, such as through marriage or the beneficiary turning 21.
What should be included in a sample letter to upgrade an I-130 petition?
A sample letter should include the petitioner’s name, A-number, the beneficiary’s name, the original receipt number of the I-130, a clear statement requesting the upgrade, and evidence supporting the change in relationship.
Where should I send the upgrade request letter?
The upgrade request letter should be sent to the USCIS service center that is currently processing the original I-130 petition. Check the USCIS website for the most current address.
What kind of evidence should I include with the upgrade request?
Include official documents such as a marriage certificate, birth certificate, or other relevant legal documents proving the change in relationship that warrants the upgrade.
How long does it take for USCIS to process an upgrade request?
Processing times for upgrade requests vary. Check the USCIS website for current processing times and allow sufficient time for review and adjudication.
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