Can I File Form I-130 During a Government Shutdown? USCIS Continues

As of October 1, 2025, the federal government is in a shutdown, and many families are asking the same urgent question: Can I still file Form I-130, Petition for Alien Relative to sponsor a family member for a green card? The short answer is yes. USCIS continues to accept and process most immigration petitions, including family-based petitions like Form I-130, during a government shutdown because the agency is largely funded by application filing fees rather than annual congressional spending.

This funding model allows fee-funded immigration services to keep operating even when other parts of the federal government pause. By contrast, agencies that depend on appropriations (yearly budgets approved by Congress) must suspend many activities until funding resumes.

What continues to operate

• USCIS will accept filings and adjudicate cases — whether you mail the petition or file online.
• This includes new filings and ongoing adjudications for family-based petitions such as Form I-130.
• For many families, that continuity offers relief: a shutdown does not stop the essential family sponsorship step that lays the foundation for future immigrant visa or adjustment-of-status processes.

Key takeaway: If you are in the U.S. and ready to file Form I-130, you can proceed.

What pauses or slows during a shutdown

Some related functions do pause because they rely on appropriated funds:

• E-Verify is suspended. This employer tool to confirm work authorization relies on appropriations and therefore stops during a shutdown.
• Department of Labor (DOL) operations cease. That includes processing of PERM labor certifications and Labor Condition Applications (LCAs).
• Any interagency processes or steps that depend on appropriated-fund systems may slow or be temporarily unavailable.

These pauses do not change the status of family-based Form I-130 filings with USCIS, but they can affect households pursuing both family-based and employment-based immigration tracks.

USCIS vs. other agencies — what to expect

• USCIS runs on fees, so fee-funded case adjudication generally proceeds.
• Systems outside USCIS that run on appropriated funds are subject to shutdown pauses.
• Even within USCIS, some functions may slow if they rely on support from agencies that are offline.

Understand the difference between what USCIS can do and what it cannot control while the shutdown lasts.

Filing from overseas and DOS’s limited role

• USCIS has delegated limited authority to the Department of State (DOS) to accept and adjudicate certain petitions abroad under specific circumstances.
• This delegation is a separate track and does not change the core rule: the ability to file Form I-130 inside the United States is not affected by DOS’s role overseas.
• If you are abroad and believe you may qualify for DOS handling, that depends on defined criteria and may require qualified guidance.

Practical filing advice during the shutdown

• If you planned to file Form I-130 now, postponing likely offers no benefit — filings are still accepted and adjudicated.
• For households with both employment-based and family-based goals, consider prioritizing steps that remain open (like Form I-130) while recognizing DOL-related items must wait.
• A complete and correct petition minimizes avoidable delays, which is especially important during a shutdown.

Recommended checklist before filing:
1. Confirm you are using the current edition of Form I-130.
2. Verify required signatures are present.
3. Ensure the filing fee is correct on the day you file.
4. Keep copies of everything you submit and retain confirmation notices (especially if you file online).

Communication and responding to USCIS

• USCIS continues to receive, process, and make decisions on Form I-130 petitions.
• If your case requires action from a shutdown-affected agency, expect possible waits or temporary workarounds.
• Treat deadlines (for example, requests for evidence) seriously — USCIS still expects timely responses during a shutdown.
• If you receive a confusing notice, review it carefully and consider seeking qualified help before responding.

Does the shutdown change the legal standards?

• No. The legal requirements for Form I-130 (such as proving a qualifying family relationship) remain unchanged.
• What changes is which offices and systems are open and which are paused.

Interview, biometrics, and appointment expectations

• If a step is purely internal to USCIS and fee-supported, it generally continues.
• Steps requiring an office or system that is shut down will pause.
• Check specific appointment notices and updates on your USCIS portal for guidance.

Timing and strategy

• Filing now places your petition in the processing pipeline; waiting often accomplishes little.
• Many delays during shutdowns arise from people waiting and then filing en masse later.
• If not ready to file, use this time to organize records and prepare a complete submission.

Employer-facing implications

• E-Verify is suspended during a government shutdown, but this does not affect a U.S. citizen or permanent resident’s ability to sponsor a family member with Form I-130.
• Employers in mixed-status households should review internal processes and reassure employees that family sponsorship and E-Verify are separate tracks.

Official resources and reliable guidance

For authoritative updates, consult USCIS directly:
– USCIS guidance on operations during a shutdown: USCIS Operations During a Lapse in Appropriations
– To access the family sponsorship petition: Form I-130, Petition for Alien Relative

These are the best sources for up-to-date operational status and the official form.

Summary — the three central points

1. USCIS is open for fee-funded services, including Form I-130.
2. E-Verify is suspended, and DOL halts operations, affecting employment-based steps like PERM and LCAs.
3. DOS may accept certain petitions abroad in specific circumstances, but that does not change U.S.-based Form I-130 filings during the shutdown.

With these facts, families can act with confidence: file when ready, prepare carefully if not, and track official USCIS updates while other parts of the federal government remain closed.