How Do I File an I-130 Petition for a Family Member in the United States?

If you’re wondering how to file an I-130 Petition for a family member in the United States, continue reading and consult with an experienced family immigration lawyer in Milwaukee, WI today.

What is an I-130 Petition?

The I-130 Petition for Alien Relative is an important document used in the United States immigration process. Its purpose is to establish a valid, qualifying family relationship between a U.S. citizen or lawful permanent resident (LPR) and an eligible foreign national relative.

By submitting this petition to U.S. Citizenship and Immigration Services (USCIS), the petitioner formally requests that the government recognize the family tie, such as spouse, parent, child, or sibling, as legitimate for immigration purposes. It’s important to note that approval of the I-130 does not grant the relative any immigration status itself. Instead, it is the first step that lets a foreign relative become eligible to apply for an immigrant visa if they are residing abroad or an adjustment of status if they are residing in the U.S. This petition is essential for family-based immigration.

Who Can File an I-130 Petition for a Relative?

The right to file an I-130 Petition is limited to U.S. citizens and lawful permanent residents, also known as green card holders. The specific relatives they can file for depend on the petitioner’s status. Consider the following.

U.S. citizens can petition for:

• Spouses
• Unmarried children under 21 years of age
• Unmarried sons or daughters 21 or older
• Married sons or daughters of any age
• Parents (if the petitioner is 21 or older)
• Siblings (if the petitioner is 21 or older)

LPRs can petition for:

• Spouses
• Unmarried children under 21 years of age
• Unmarried sons or daughters 21 or older

The relationship categories determine the preference category and waiting time for an immigrant visa.

How Do I File an I-130 Petition for a Family Member in the U.S.?

The process for filing Form I-130 for a relative who is already residing in the U.S. is generally the same as for a relative abroad, but with an important distinction related to the next step.

The U.S. citizen or LPR petitioner must first complete and file Form I-130, Petition for Alien Relative, with the USCIS, including all required supporting documentation that proves the qualifying family relationship, such as marriage certificates and birth certificates.

If the relative is already in the U.S. and an immigrant visa number is immediately available (as is often the case for immediate relatives of U.S. citizens, like spouses, unmarried children under 21, and parents), they may be eligible to file Form I-485, Application to Adjust Status, simultaneously with the I-130. This process is known as “Concurrent Filing” or “Adjustment of Status” and allows the relative to obtain a green card without leaving the United States. For all other preference categories, the I-130 must be approved and a visa must become current before the I-485 can be filed.

For more information and legal advice, reach out to an experienced immigration attorney today.