Filing for a family member to immigrate to the United States often begins with Form I-130, the Petition for Alien Relative. This petition is the foundation of the US family-based immigration system and establishes the qualifying relationship between the petitioner, who must be a US citizen or lawful permanent resident, and the beneficiary, the relative seeking to immigrate. Conditional permanent residents have full standing to file I-130s for qualifying relatives.
What this article is about
This article provides a detailed guide to Form I-130. It explains the purpose of the petition, who can file, which relatives are eligible, the filing process, fees, processing times, and what happens after approval or denial. It also outlines the differences between immediate relatives and family preference categories, what petitioners should expect at each stage, and why I-130 approval does not itself grant status or guarantee immediate visa availability.
Section A: What is Form I-130?
Form I-130, known as the Petition for Alien Relative, is a form issued by US Citizenship and Immigration Services (USCIS). It is the official way for a US citizen, lawful permanent resident (LPR), or conditional permanent resident to establish a qualifying family relationship with a relative who wishes to immigrate to the United States.
1. Purpose of the I-130 petition
The I-130 does not itself grant immigration status. Instead, its purpose is to confirm that a genuine family relationship exists between the petitioner and the beneficiary. Once the I-130 is approved, the relative becomes eligible to move forward in the green card process through either adjustment of status (if they are in the US) or consular processing (if they are abroad). Approval alone does not guarantee that a visa is immediately available, particularly for family preference categories that face long backlogs.
2. Who files the I-130 and why it is needed
Only US citizens, lawful permanent residents, and conditional permanent residents can file Form I-130. The petition is required because US immigration law does not automatically recognize family ties without formal proof. Filing the I-130 is the first legal step to start the immigration process for a spouse, parent, child, or sibling.
3. Difference between immediate relatives and family preference categories
Family-based immigration is divided into two categories:
- Immediate relatives of US citizens: spouses, unmarried children under 21, and parents (where the petitioner is at least 21). Visas in this category are unlimited, meaning there are no annual caps or waiting lists.
- Family preference categories: other relatives, such as adult children and siblings of US citizens, and spouses and children of LPRs. These categories are subject to annual limits, which means applicants often face significant waiting times before a visa becomes available.
4. Relationship between I-130 approval and green card eligibility
Approval of an I-130 establishes that the family relationship is valid but does not, by itself, grant the beneficiary the right to live or work in the United States. The approval simply allows the relative to take the next step in the immigration process, which could involve applying for a green card if a visa is available under the Visa Bulletin system.
Section A Summary
The I-130 is the critical first step in family-based immigration. It establishes the qualifying family relationship but does not grant any immediate immigration benefits. Understanding the distinction between immediate relatives, who have visas readily available, and family preference categories, which involve waiting periods, is vital for managing expectations about processing timelines.
Section B: Eligibility and Requirements
Form I-130 can only be filed by certain petitioners on behalf of specific relatives. It is important to understand both who can file and which family members qualify before beginning the process.
1. Who can file an I-130 (US citizens, lawful permanent residents, conditional permanent residents)
- US citizens may file I-130 petitions for:
- Spouses
- Children (unmarried and under 21)
- Married and unmarried adult children (21 and over)
- Parents (if the petitioner is at least 21)
- Brothers and sisters (if the petitioner is at least 21)
- Lawful permanent residents (LPRs/green card holders) may file I-130 petitions for:
- Spouses
- Unmarried children (any age, though separate preference categories apply)
- Conditional permanent residents may also file petitions for qualifying relatives while holding a two-year conditional green card.
2. Which relatives qualify under immediate relative and family preference categories
- Immediate relatives of US citizens: spouses, unmarried children under 21, and parents. There is no cap on visas in this category.
- Family preference categories:
- First preference (F1): unmarried sons and daughters (21 or older) of US citizens
- Second preference (F2A): spouses and children (under 21, unmarried) of LPRs
- Second preference (F2B): unmarried sons and daughters (21 or older) of LPRs
- Third preference (F3): married sons and daughters of US citizens
- Fourth preference (F4): brothers and sisters of US citizens (petitioner must be at least 21)
3. Relatives who do not qualify
Certain family members are not eligible for sponsorship under the I-130, including grandparents, grandchildren, uncles, aunts, cousins, and in-laws. However, stepchildren and stepparents can qualify if the marriage creating the relationship took place before the child turned 18. Adopted children may also qualify if the adoption occurred before the child turned 16 and residency requirements are met.
4. Documentary evidence required to prove relationship
The petitioner must provide proof of US citizenship or permanent resident status, such as a US passport, birth certificate, naturalization certificate, or green card copy. Evidence of the family relationship is also required. Examples include:
- Marriage certificate for a spouse
- Birth certificates showing the parent-child relationship
- Adoption decrees, where relevant
- Proof of termination of prior marriages if applying for a spouse
If documents are not in English, certified translations must be provided. Submitting fraudulent or insufficient evidence is grounds for denial and may result in immigration fraud investigations.
Section B Summary
Eligibility to file Form I-130 depends on both the petitioner’s immigration status and the type of family relationship. Only specific relatives qualify under US immigration law, with the strongest advantages given to immediate relatives of US citizens. Petitioners must supply documentary evidence to prove both their own status and the qualifying family relationship, and compliance with strict evidentiary requirements is critical.
Section C: How to File Form I-130
Once eligibility is confirmed, the next step is completing and submitting the petition. USCIS requires accuracy and thorough documentation at this stage.
1. Steps to complete and submit the petition
Petitioners must fill out Form I-130 either online through the USCIS website or by using the paper form. The form requests information about the petitioner and the beneficiary, including names, dates of birth, addresses, marital history, and immigration history. The petitioner must sign the form before submission.
2. Required supporting evidence and translations
Each I-130 must be accompanied by evidence proving both the petitioner’s US citizenship or LPR status and the qualifying family relationship. Common examples include:
- Proof of petitioner’s status (passport, green card, or naturalization certificate)
- Marriage certificate or birth certificate, depending on the relationship claimed
- Divorce decrees, annulment records, or death certificates to prove the end of prior marriages
- Passport-style photographs, if required
If any document is in a foreign language, it must be accompanied by a certified English translation.
3. Filing locations and methods (online vs. paper)
Online filing: US citizens and LPRs may be able to submit Form I-130 electronically through their USCIS online account. This option allows for easier tracking of case status, but not all petition types are eligible for online filing. For example, petitions for siblings or certain parent cases cannot be filed online and must be submitted on paper.
Paper filing: If filing by mail, the correct USCIS lockbox or service center address depends on the petitioner’s location and case type. USCIS regularly updates these addresses, so petitioners should check the latest filing instructions before sending.
4. Fees and current USCIS charges
As of 2025, the standard government filing fee for Form I-130 is $675. This fee must be paid for each relative petitioned. Payment can be made online by credit or debit card or by check or money order if filing by mail. Biometric fees are not required for the I-130, unlike some other petitions. Fee waivers are generally not available.
Section C Summary
Filing Form I-130 requires accuracy, complete supporting documentation, and payment of the filing fee. Petitioners can file either online (where eligible) or by paper, but in all cases they must submit reliable evidence proving their status and the family relationship. Proper preparation at this stage helps avoid delays caused by Requests for Evidence or rejections.
Section D: After Filing the I-130
Submitting the petition is only the beginning. Once USCIS receives Form I-130, several stages follow before the beneficiary can move toward a green card.
1. USCIS processing times and receipt notices
After filing, USCIS issues a receipt notice (Form I-797C, Notice of Action) confirming that the petition has been received. Processing times vary depending on the service center and the type of relationship. Immediate relative petitions generally process faster than family preference petitions, though delays are common. Approval of the petition does not guarantee that a visa number is immediately available, as family preference cases are subject to waiting lists governed by the Visa Bulletin.
2. Requests for Evidence (RFEs) and how to respond
If USCIS requires more proof of the claimed relationship or finds the petition incomplete, it may issue a Request for Evidence (RFE). Petitioners must respond by the deadline with the requested documents. Failure to do so may result in denial.
3. Approval, denial, and appeal rights
- Approval: Once USCIS approves the I-130, the case moves to the next step, either at the National Visa Center (NVC) for consular processing or USCIS for adjustment of status.
- Denial: If USCIS denies the petition, it will issue a written decision explaining the reasons.
- Appeals: Denials can be appealed to the Board of Immigration Appeals (BIA) using Form EOIR-29 within the deadline specified in the decision notice. Petitioners may also file a motion to reopen or reconsider directly with USCIS if new evidence becomes available or if they believe an error was made.
4. What happens next: National Visa Center, consular processing, or adjustment of status
- For relatives outside the US: The approved petition is sent to the NVC, which handles visa pre-processing before the case goes to the US consulate in the beneficiary’s home country.
- For relatives inside the US: If a visa is available, the beneficiary may apply for adjustment of status (Form I-485) with USCIS to obtain lawful permanent resident status. At this stage, the applicant may also apply for an Employment Authorization Document (EAD).
Section D Summary
After filing, the I-130 petition enters USCIS processing, where delays and requests for additional evidence are common. Approval allows the case to proceed to either consular processing abroad or adjustment of status within the US. While denials can be appealed, motions to reopen or reconsider with USCIS may also be an option. Careful compliance with evidentiary requirements reduces risks and helps the case progress more smoothly.
FAQs
How long does I-130 approval take?
Processing times depend on the petitioner’s status and the family relationship. Immediate relative petitions may take several months, while family preference petitions can take over a year or longer. Delays are common, so checking current USCIS processing times is advisable.
Can I file more than one I-130 for different relatives?
Yes. A separate Form I-130 must be filed for each qualifying relative. For example, a US citizen wishing to sponsor both a spouse and a parent must submit two petitions, each with its own filing fee.
What happens if my I-130 is denied?
If denied, USCIS will issue a written decision explaining why. The petitioner may appeal to the Board of Immigration Appeals (BIA) using Form EOIR-29 or file a motion to reopen or reconsider directly with USCIS. In some cases, refiling with stronger evidence may also be an option. Legal advice is recommended when challenging a denial.
Do I need to file an I-130 if my relative is already in the US?
Yes. Even if the relative is in the United States, a Form I-130 must be filed to establish the qualifying family relationship. If a visa is available, the beneficiary may then apply for adjustment of status (Form I-485) to obtain permanent residency.
Can my relative work while waiting for I-130 approval?
No. Filing or approval of an I-130 does not grant work authorization. Beneficiaries inside the US may only apply for an Employment Authorization Document (EAD) if they also file Form I-485 for adjustment of status.
Conclusion
Form I-130 is the cornerstone of US family-based immigration. It establishes the qualifying family relationship between a US citizen or lawful permanent resident (including conditional residents) and the beneficiary relative. Approval does not confer status or work authorization and, for family preference categories, does not guarantee immediate visa availability due to annual caps and backlogs under the Visa Bulletin.
Successful outcomes depend on accurate forms, complete and authentic evidence, and careful attention to USCIS instructions and deadlines. Petitioners should monitor case updates, respond promptly to Requests for Evidence, and understand post-approval pathways—either National Visa Center processing and a consular interview abroad or, where eligible, adjustment of status in the United States. Where facts are complex—such as prior immigration violations, unusual family histories, or documentary gaps—professional legal guidance can reduce risk and help the case progress efficiently.
Glossary
| USCIS | United States Citizenship and Immigration Services, the government agency that processes immigration applications and petitions. |
| I-130 | Petition for Alien Relative, the form used to establish a qualifying family relationship for immigration purposes. |
| Immediate Relative | Spouse, unmarried child under 21, or parent of a US citizen. Visas are always available in this category. |
| Family Preference | Immigration categories for other relatives of US citizens and lawful permanent residents, subject to annual visa limits and waiting lists. |
| RFE | Request for Evidence, a notice from USCIS requiring additional documentation before a decision can be made. |
| NVC | National Visa Center, the US Department of State agency that handles immigrant visa pre-processing after USCIS approves an I-130. |
| Adjustment of Status | The process of applying for a green card from within the United States without having to leave the country. |
Useful Links
| USCIS Form I-130 page | Official instructions and filing details for the Petition for Alien Relative. |
| USCIS Fee Schedule | Current government filing fees for immigration applications and petitions. |
| US Department of State Visa Bulletin | Monthly updates on visa availability by family preference category and country of chargeability. |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.