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I-130
Form I-130, Petition for Alien Relative is the essential first step a U.S. citizen or Lawful Permanent Resident (LPR, or green card holder) takes to help an eligible foreign national family member immigrate to the United States and obtain a Green Card. The form is filed with U.S. Citizenship and Immigration Services (USCIS) to establish the existence of a valid, qualifying family relationship.
Who Files and Who is Eligible?
The person filing the petition is the Petitioner, and the relative seeking to immigrate is the Beneficiary.
| Petitioner Status | Eligible Beneficiaries (Categories) |
| U.S. Citizen | Spouses (Immediate Relative) |
| Unmarried Children under 21 (Immediate Relative) | |
| Parents (if the citizen is 21 or older) (Immediate Relative) | |
| Unmarried Sons/Daughters 21 or older (Family Preference F1) | |
| Married Sons/Daughters of any age (Family Preference F3) | |
| Brothers/Sisters (if the citizen is 21 or older) (Family Preference F4) | |
| Lawful Permanent Resident (LPR) | Spouses (Family Preference F2A) |
| Unmarried Children under 21 (Family Preference F2A) | |
| Unmarried Sons/Daughters 21 or older (Family Preference F2B) |
Key Differences in Categories
The category of the relationship determines the processing time, particularly whether an immigrant visa is immediately available.
Immediate Relatives (IR): Spouses, unmarried children under 21, and parents of U.S. citizens. There is no annual limit on the number of visas for this category, leading to generally faster processing times after the I-130 is approved.
Family Preference (F): All other qualifying family members of U.S. citizens and all qualifying family members of LPRs. These categories are subject to annual numerical quotas, which can result in a wait of several years or more after the I-130 is approved before a visa becomes available. The wait time is determined by the priority date (the date USCIS receives the I-130).
Required Supporting Documents (Common Examples)
The petitioner must submit evidence to prove their status and the validity of the family relationship.
| Document Type | Purpose | Examples |
| Petitioner’s Status | Proof the petitioner is a U.S. Citizen or LPR. | Copy of U.S. birth certificate, U.S. passport, Naturalization Certificate, or Green Card (Form I-551, both sides). |
| Proof of Relationship | Evidence that a qualifying relationship exists. | Marriage certificate, birth certificates (for parent-child relationship), or adoption decrees. |
| Termination of Prior Marriages | Proof that any prior marriages for both petitioner and beneficiary are legally ended. | Divorce decrees, annulment papers, or death certificates. |
| Supplemental Spouse Form | Required when petitioning for a spouse. | Form I-130A, Supplemental Information for Spouse Beneficiary. |
The I-130 Process and Timing
Filing: The Petitioner submits Form I-130 and all required supporting documents and the fee to USCIS.
Receipt: USCIS sends a receipt notice (Form I-797C, Notice of Action) typically within a few weeks, establishing the priority date (for preference categories).
Adjudication: USCIS reviews the petition to verify the relationship. Approval times vary widely depending on the type of relative and the specific USCIS service center’s workload.
Immediate Relatives generally have a faster I-130 processing time (e.g., 6 to 15 months, though this is subject to change).
Family Preference I-130 approval can take a year or more, and then the beneficiary must wait for a visa number to become available based on the priority date.
Post-Approval: Once approved, the case is sent to the National Visa Center (NVC) for immigrant visa processing (if the relative is abroad) or the relative may be eligible to file for Adjustment of Status (Form I-485) (if they are legally present in the U.S. and a visa is available). Approval of Form I-130 does not grant any immigration status or benefit on its own; it only establishes the relationship.