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I-130 Petitions Can Still Be Filed When Other Immigration Steps Are Paused

I-130 Petitions Can Still Be Filed When Other Immigration Steps Are Paused

When news breaks about paused interviews, slowed processing, or temporary program changes, it can feel like everything is on hold. In most cases, U.S. Citizenship and Immigration Services (USCIS) continues to accept Form I-130 petitions even when other parts of the immigration system are delayed or paused. Filing the I-130 now can protect your place in line and keep your case moving.

What Form I-130 Does (and Does Not Do)

Form I-130, Petition for Alien Relative, is the first step for many family-based green card cases. It:

  • Establishes a qualifying family relationship
  • Creates or preserves a priority date for preference categories
  • Starts the case with USCIS so the file can be reviewed

It does not:

  • Give immigration status or a visa by itself
  • Authorize work or travel
  • Replace the later visa or adjustment steps

Why It Still Makes Sense to File During a Pause

Even if other parts of the process are paused, filing the I-130 can still help:

  • You lock in a priority date, which matters for preference categories.
  • USCIS can review and approve the relationship while other steps wait.
  • You can use the time to gather documents for the next stage.
  • When processing resumes, your case is already moving forward.

Which Parts Might Still Be Paused or Slow

Pauses usually affect later stages, such as:

  • National Visa Center (NVC) document review
  • Consular interview scheduling and visa issuance
  • Biometrics or interviews that are rescheduled
  • Adjustment of status filings that depend on visa availability

Always check USCIS and State Department updates, because the scope of a pause can change.

Filing Checklist While Things Are Uncertain

A strong, complete filing avoids unnecessary delays:

  • Proof of the petitioner's status (U.S. passport, naturalization certificate, or green card)
  • Proof of the relationship (marriage or birth certificate, adoption documents)
  • Records of any prior divorces or terminations
  • Evidence of a bona fide marriage, if applicable (shared bills, photos, affidavits)
  • Certified translations for documents not in English

You can file online or by mail, keep copies of everything, and respond quickly to any Requests for Evidence (RFEs).

Talk to an immigration attorney if you have:

  • Prior denials, removal history, or immigration violations
  • Complex family relationships (adoptions, step-relationships, or custody issues)
  • Urgent humanitarian factors or a possible expedite request

Takeaway

Even when other immigration processes are paused, the I-130 often remains open for filing. If you are unsure about timing or eligibility, New Horizons Legal can help you plan next steps and avoid mistakes.

This post is general information, not legal advice. Every case is different, and rules can change. For personalized guidance, schedule a consultation: https://newhorizonslegal.com/en/booking

Immigration consultations available, subject to attorney review.

I-130 Petitions Can Still Be Filed When Other Immigration Steps Are Paused | New Horizons Legal