What this article is about: This article provides a comprehensive guide to the Petition for Alien Relative, also known as Form I-130. It explains the purpose of the petition, who can file, who can be sponsored, how the process works, and what happens after USCIS makes a decision. The guide also examines the differences between immediate relatives and family preference categories, and highlights the key evidentiary and procedural requirements that petitioners must follow.
The Petition for Alien Relative is a central part of family-based immigration in the United States. It establishes the qualifying relationship between a U.S. citizen or lawful permanent resident and their relative abroad or in the U.S. While approval of Form I-130 does not by itself grant immigration status, it is the first and necessary step in obtaining lawful permanent residence through a family connection.
Section A: Understanding the Petition for Alien Relative
The Petition for Alien Relative, formally known as Form I-130, is the foundational application used by U.S. citizens and lawful permanent residents to sponsor certain family members for immigration benefits. Its central purpose is to prove to U.S. Citizenship and Immigration Services (USCIS) that a valid family relationship exists between the petitioner and the beneficiary. Once this relationship is recognised, the beneficiary may be eligible to apply for a green card, either through adjustment of status within the U.S. or consular processing abroad.
1. What is Form I-130?
Form I-130 is a petition that initiates the family immigration process. It does not itself confer lawful immigration status on the beneficiary. Instead, it serves as official recognition that a qualifying family relationship exists. For example, a U.S. citizen can file an I-130 to sponsor a spouse, child, or sibling, while a lawful permanent resident can file for a spouse or unmarried child. Conditional permanent residents—those who received a two-year green card based on a recent marriage—are also eligible to file.
2. Purpose of the petition in family immigration
The legal purpose of Form I-130 is to establish the qualifying family connection required under the Immigration and Nationality Act (INA). The petition is the mechanism by which the U.S. government ensures that family-based immigration benefits are only granted where a bona fide relationship exists. This step is essential in preventing fraud and ensuring the integrity of the immigration system.
3. Difference between immediate relatives and family preference categories
U.S. immigration law recognises two broad categories of family-based immigrants: immediate relatives and family preference immigrants. Immediate relatives are the spouses, unmarried children under 21, and parents of U.S. citizens. There is no cap on the number of visas available for immediate relatives each year, which means that once Form I-130 is approved, these relatives can usually move forward without delay.
Family preference categories, by contrast, are subject to annual limits. These include adult children (married or unmarried) and siblings of U.S. citizens, as well as spouses and unmarried children of lawful permanent residents. Because these categories are capped, applicants often face significant waiting times depending on demand and the beneficiary’s country of origin. Priority dates, as published monthly in the Department of State’s Visa Bulletin, determine when a visa becomes available.
4. Legal basis under the Immigration and Nationality Act
The Petition for Alien Relative is rooted in the provisions of the Immigration and Nationality Act, which governs family-based immigration to the United States. Specifically, the INA allocates immigrant visas to immediate relatives without numerical limitation, while imposing strict caps on the preference categories. This statutory framework underscores the policy priority given to uniting close family members of U.S. citizens, while balancing the broader demand for immigration opportunities among extended family relationships.
Section A Summary
Form I-130 is the critical first step in the U.S. family immigration process. It establishes the family connection between a petitioner and their relative, distinguishing between the uncapped immediate relative category and the capped family preference system. While the form itself does not grant immigration status, it creates the legal foundation upon which the beneficiary can pursue a green card through adjustment of status or consular processing.
Section B: Eligibility to File
Eligibility to file a Petition for Alien Relative depends on both the status of the petitioner in the United States and the nature of their relationship with the beneficiary. U.S. immigration law places strict limits on who can file and for whom, reflecting the government’s approach to prioritising certain family relationships while excluding others.
1. Who can file a Petition for Alien Relative
The right to file Form I-130 is limited to U.S. citizens and lawful permanent residents (green card holders). U.S. citizens have broader rights, as they may sponsor spouses, children (married or unmarried), parents, and siblings. Lawful permanent residents are more restricted and may only file for spouses and unmarried children. Conditional permanent residents may also file, even if their own status is conditional. Importantly, individuals in temporary immigration status—such as students or workers on visas—cannot file a Petition for Alien Relative, as they do not have the legal standing required under the Immigration and Nationality Act.
2. Eligible relatives under U.S. immigration law
The list of relatives who can benefit from a Form I-130 varies depending on whether the petitioner is a U.S. citizen or lawful permanent resident:
- U.S. citizens may sponsor spouses, children (under and over 21, married or unmarried), parents (if the citizen is at least 21), and siblings (if the citizen is at least 21).
- Lawful permanent residents may sponsor spouses and unmarried children of any age.
This distinction is significant because only U.S. citizens may petition for parents and siblings, and only they may petition for married children. Each qualifying relationship falls into either the immediate relative or family preference categories, which has direct implications for visa availability and waiting times.
3. Relatives who are not eligible for sponsorship
Not all family members are recognised under U.S. immigration law. The law does not permit petitions for extended relatives such as grandparents, grandchildren, uncles, aunts, cousins, or in-laws. Step-relationships may qualify if the marriage that created the relationship occurred before the child turned 18, and adoptive relationships may qualify if the adoption took place before the child turned 16 and the child has been in the custody of the adoptive parent for at least two years. However, fiancé(e)s are not eligible for sponsorship through Form I-130; instead, U.S. citizens must use the K-1 fiancé(e) visa route.
4. Priority dates and visa availability
Eligibility is also tied to the availability of immigrant visas. For immediate relatives, there is no annual quota, and visas are always available once the I-130 is approved. For family preference beneficiaries, the filing of Form I-130 establishes a “priority date” that determines their place in line. The Department of State’s Visa Bulletin, published monthly, indicates when visas are available for each family preference category, depending on the beneficiary’s country of origin. For example, a U.S. citizen petitioning for a sibling from a high-demand country may face waiting periods of more than a decade due to oversubscription.
Section B Summary
Only U.S. citizens and lawful permanent residents may file a Petition for Alien Relative, and the type of relatives they can sponsor is carefully defined under U.S. law. U.S. citizens enjoy broader rights, including the ability to petition for parents and siblings, while green card holders are limited to spouses and unmarried children. Visa availability further shapes eligibility, with immediate relatives exempt from quotas and family preference beneficiaries subject to significant waiting times. Understanding these distinctions is critical before filing to ensure that the petition is both valid and strategically timed.
Section C: Filing Process and Evidence
Filing the Petition for Alien Relative is a procedural step that requires careful preparation, as errors or omissions can result in delays or denials. The process is designed to confirm that the claimed family relationship is genuine and legally recognised. Petitioners must pay the correct fee, submit the form to the correct location, and provide supporting documents that meet USCIS evidentiary standards.
1. How to complete Form I-130 and filing locations
Form I-130 must be completed accurately and fully. The form requests detailed biographical information about both the petitioner and the beneficiary, including names, addresses, dates of birth, marital history, and immigration history. Petitioners must sign the form, as unsigned forms will be rejected outright.
The completed form can generally be filed either online through the USCIS website or by paper submission to a USCIS lockbox facility, depending on the petitioner’s location and the category of relative being sponsored. USCIS provides detailed instructions on where to send paper forms, and petitioners should confirm current addresses before mailing, as locations can change.
2. Required fees and payment methods
As of April 2024, USCIS introduced a new fee schedule for Form I-130. The filing fee is:
- $675 for online filing
- $710 for paper filing
Payments can typically be made by check, money order, or credit card for paper filings, and by electronic payment for online filings. Fee waivers are not generally available for Form I-130, although other related applications may allow for waiver requests based on financial hardship. Petitioners should always verify the latest fee on the official USCIS website, as fees are subject to change.
3. Supporting evidence to establish qualifying relationship
The most important part of a Form I-130 filing is the evidence that establishes the family relationship between the petitioner and the beneficiary. Common types of required documents include:
- For spouses: a marriage certificate, evidence of bona fide marriage (such as joint bank accounts, property leases, photographs, or affidavits from friends and family), and proof of termination of prior marriages, if applicable.
- For parents and children: birth certificates listing the petitioner as a parent, or other official records. Stepchildren must provide evidence of the marriage that created the relationship before the child turned 18. Adopted children require adoption decrees finalised before the child turned 16, plus evidence of custody and joint residence for at least two years.
- For siblings: birth certificates of both siblings showing a common parent.
All documents in a foreign language must be submitted with a full English translation, certified by the translator as accurate and complete. In cases where documentary evidence is insufficient, USCIS may request DNA testing to confirm biological relationships. Failure to provide proper translations or additional requested evidence is a common mistake that can lead to delays.
4. Common mistakes and reasons for denial
Many I-130 petitions are delayed or denied because of avoidable errors. Common problems include failing to provide complete supporting evidence, submitting incorrect or outdated forms, paying the wrong fee, or failing to sign the petition. In some cases, USCIS may issue a Request for Evidence (RFE) if the initial submission does not include enough proof of the claimed relationship. Petitioners who cannot satisfy an RFE risk denial. Fraudulent submissions, such as sham marriages, are aggressively investigated and can result in serious legal consequences for both petitioner and beneficiary.
Section C Summary
Filing Form I-130 requires attention to detail and strict adherence to USCIS requirements. Petitioners must file the form correctly, pay the fee, and provide documentary evidence proving the family relationship. Avoiding common mistakes, such as missing signatures or inadequate supporting evidence, helps prevent delays and increases the likelihood of approval. This stage is about establishing credibility and meeting the government’s evidentiary standards, laying the groundwork for the next phase of the immigration process.
Section D: After USCIS Decision
Once USCIS reviews the Petition for Alien Relative, the outcome will determine the next steps. Approval allows the process to move forward, but petitioners and beneficiaries must understand the distinction between adjustment of status within the U.S. and consular processing abroad. Denials, on the other hand, carry specific consequences and potential avenues for redress.
1. Approval notice and next steps (NVC, consular processing, adjustment of status)
If the petition is approved, USCIS will issue a formal approval notice (Form I-797). The case is then transferred to the National Visa Center (NVC) if the beneficiary is outside the United States. The NVC coordinates the consular processing stage, including fee collection, submission of financial documents, and scheduling of the immigrant visa interview at a U.S. embassy or consulate.
If the beneficiary is already lawfully in the United States and eligible, they may apply for adjustment of status using Form I-485 once a visa is available. This pathway allows them to obtain permanent residence without leaving the country. Immediate relatives of U.S. citizens can often file Form I-485 concurrently with the I-130, whereas family preference applicants must wait for their priority date to become current.
2. What happens if the petition is denied
If USCIS denies the petition, the petitioner will receive a written notice explaining the reasons. Denials commonly stem from insufficient evidence of the family relationship, ineligibility under the law, or suspicions of fraud. Petitioners may appeal the decision to the Board of Immigration Appeals (BIA) or file a motion to reopen or reconsider if they believe an error occurred. Appeals must generally be filed within 30 days of the denial (33 days if the decision was mailed). Success often depends on addressing the evidentiary or legal weaknesses identified by USCIS.
3. Processing times and delays
Processing times for I-130 petitions vary depending on the relationship category, the petitioner’s status (citizen or permanent resident), and the USCIS service center handling the case. Immediate relative petitions tend to be processed faster than family preference petitions, which may be subject to long waits due to visa backlogs. Petitioners can check current processing times on the USCIS website, but it is common for cases to take several months or longer before a decision is made. Delays may also occur due to security checks, incomplete filings, or high caseload volumes. Times can also differ significantly between service centers.
4. Impact of petitioner’s status changes (e.g., naturalization)
A change in the petitioner’s immigration status can directly affect the petition. For example, if a lawful permanent resident petitioner becomes a U.S. citizen during the process, the petition may be upgraded. This can move the beneficiary from a family preference category to the immediate relative category, often eliminating years of waiting. In many cases, USCIS will automatically upgrade the petition once notified of the petitioner’s naturalization, but petitioners should always confirm with USCIS or the NVC to ensure reclassification is recorded.
Section D Summary
After USCIS makes its decision, the case may move forward through either consular processing abroad or adjustment of status in the U.S., depending on the beneficiary’s circumstances. While approvals allow the immigration process to continue, denials must be carefully reviewed for possible appeals or corrective action. Petitioners should also be mindful of how processing delays and changes in their own status can alter the timeline and outcome.
FAQs
How long does Form I-130 take to be approved?
Processing times vary depending on the petitioner’s status and the USCIS service center. On average, immediate relative petitions may take between 6 and 12 months, while family preference petitions can take longer, particularly when visa backlogs apply. Petitioners should check the USCIS Processing Times tool for the most up-to-date information. Times can differ significantly between service centers.
Can I file multiple I-130s for different relatives?
Yes. A separate Form I-130 must be filed for each eligible relative. For example, a U.S. citizen wishing to sponsor both a spouse and a sibling would need to file two separate petitions, each with its own supporting documentation and fee.
Do I need a lawyer to file a Petition for Alien Relative?
A lawyer is not legally required, and many petitioners successfully file on their own by carefully following USCIS instructions. However, legal advice may be valuable where the family relationship is complex, previous immigration violations exist, or the case involves potential inadmissibility issues. An attorney can also help respond to USCIS Requests for Evidence (RFEs) or denials.
Can my relative stay in the U.S. while the I-130 is pending?
The filing of Form I-130 does not grant lawful status or protect a beneficiary from removal. If the beneficiary is lawfully in the United States under another visa status, they may remain until that status expires. If they are out of status, they may be at risk of enforcement action. Only the approval of an I-130 and the subsequent filing and approval of an adjustment of status application (Form I-485) can lead to lawful permanent residence.
Can my I-130 be expedited?
In limited circumstances, USCIS may expedite Form I-130. Expedited processing may be considered if there is an urgent humanitarian reason, national interest situation, or severe financial loss to a company or person. Petitioners must submit a formal expedite request with supporting documentation, and USCIS reviews such requests on a case-by-case basis.
Conclusion
The Petition for Alien Relative is the cornerstone of family-based immigration to the United States. It provides the legal recognition that a qualifying family relationship exists between a U.S. citizen or lawful permanent resident and their relative. While filing Form I-130 is only the first step, its approval sets the stage for the beneficiary to pursue permanent residence through either adjustment of status or consular processing.
Understanding eligibility rules, the differences between immediate relatives and family preference categories, and the evidentiary requirements of the petition is crucial to success. Petitioners who prepare carefully, submit strong supporting documentation, and remain attentive to updates from USCIS and the Department of State can avoid unnecessary delays and complications.
It is also important to remember that approval of Form I-130 does not guarantee that a green card will be granted. Beneficiaries must still meet all admissibility requirements under U.S. immigration law, including those relating to prior immigration history, criminal records, health, and financial support. These factors are assessed during the immigrant visa or adjustment of status stage.
For families seeking to reunite in the United States, the I-130 process may feel lengthy and demanding, but it is ultimately the gateway to securing lawful permanent residence for loved ones. By approaching the petition with accuracy and awareness of the legal framework, petitioners improve their chances of achieving a successful outcome.
Glossary
| Petition for Alien Relative (Form I-130) | The USCIS form used by U.S. citizens and lawful permanent residents to establish a qualifying family relationship with a foreign relative for immigration purposes. |
| Immediate Relative | A category of family-based immigration limited to the spouses, unmarried children under 21, and parents of U.S. citizens, not subject to visa caps. |
| Family Preference | Family-based immigration categories that are subject to annual numerical limits, including adult children and siblings of U.S. citizens and certain relatives of lawful permanent residents. |
| Adjustment of Status | The process by which an eligible individual already in the U.S. applies to become a lawful permanent resident without leaving the country. |
| National Visa Center (NVC) | The U.S. Department of State facility that manages immigrant visa applications after USCIS approval of Form I-130, including document collection and interview scheduling. |
| Priority Date | The date on which Form I-130 is properly filed. For family preference cases, this date establishes the beneficiary’s place in the visa queue. |
| Board of Immigration Appeals (BIA) | The highest administrative body for interpreting and applying immigration laws, which hears appeals from certain USCIS and immigration judge decisions, including I-130 denials. |
Useful Links
| USCIS – Form I-130, Petition for Alien Relative |
| USCIS – Family of U.S. Citizens |
| USCIS – Family of Green Card Holders |
| Department of State – Visa Bulletin |
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.