US Immigration Form
Form I-130 — Petition for Alien Relative
Form I-130 is the petition a US citizen or lawful permanent resident files to establish a qualifying family relationship with a relative who wants to immigrate to the United States. It is the first step in most family-based immigration cases, but filing the I-130 does not grant the relative any immigration status or permission to enter the country. It merely establishes that a valid family relationship exists under the Immigration and Nationality Act.
The form is filed with USCIS and requires evidence of the petitioner's status, evidence of the claimed relationship, and the filing fee. The required evidence varies significantly depending on the relationship — a spousal petition requires a marriage certificate and evidence of a bona fide marriage, while a parent petition requires a birth certificate showing the biological or legal relationship. Step-parent and adoptive relationships require additional documentation.
After USCIS approves the I-130, the case moves to either consular processing at a US embassy abroad or adjustment of status inside the United States via Form I-485, depending on where the beneficiary currently lives and whether a visa number is immediately available. This guide explains what Form I-130 is, who files it, what evidence is required, and the most common mistakes petitioners make.
Who files this form
Form I-130 is filed by a US citizen or lawful permanent resident who wants to sponsor a qualifying relative for immigration to the United States. US citizens can petition for a spouse, unmarried children under 21, married children of any age, siblings, and parents. Lawful permanent residents can petition for a spouse and unmarried children, but not for parents, married children, or siblings.
The person filing the petition is called the petitioner. The relative being sponsored is called the beneficiary. The petitioner must prove both their own US citizenship or permanent resident status and the claimed relationship to the beneficiary. If the petitioner is a US citizen by naturalization, they must include their naturalization certificate. If they are a lawful permanent resident, they must include a copy of their green card.
What this form is for
The purpose of Form I-130 is to establish that a qualifying family relationship exists between a US citizen or lawful permanent resident and a foreign national relative. USCIS reviews the petition to verify the petitioner's status, the beneficiary's identity, and the claimed relationship through documentary evidence. The form does not grant the beneficiary any immigration benefit on its own — it is a prerequisite step.
Once approved, the I-130 petition creates a place in line for the beneficiary. For immediate relatives of US citizens — spouses, unmarried children under 21, and parents — visa numbers are always available, so the case can proceed immediately to the next step. For other family categories, the beneficiary must wait for their priority date to become current according to the Department of State Visa Bulletin before they can apply for a green card.
Key sections
- Part 1 — Relationship: the specific family relationship you are petitioning for
- Part 2 — Information about you: the petitioner's name, address, citizenship status, and A-number
- Part 3 — Biographic information: ethnicity, height, weight, eye and hair color
- Part 4 — Information about your relative: the beneficiary's name, address, date and place of birth
- Part 5 — Information about the beneficiary's prior marriages and family
- Part 6 — Address history and employment history for the beneficiary
Common mistakes
- Filing for a relationship that is not eligible — for example, a lawful permanent resident cannot petition for a parent or sibling
- Submitting a birth certificate or marriage certificate that is not translated into English by a certified translator
- Failing to include evidence of the petitioner's US citizenship or permanent resident status
- Submitting a photocopy of a vital record when the original or a certified copy is required
- Not including evidence of a bona fide marriage for spousal petitions — joint accounts, leases, photos, and affidavits from friends
- Paying the wrong filing fee — check the current USCIS fee schedule for Form I-130 before submitting
Official sources
Always verify the current form edition, fee, and instructions on the government site before filing. This guide is educational and not a substitute for your DSO or a licensed attorney.
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Frequently asked questions
- How long does an I-130 petition take to process?
- Processing times vary by relationship category and USCIS service center. Immediate relative petitions for US citizens generally move faster than preference-category petitions. Check the current USCIS processing times tool for the most accurate estimate for your form category and service center.
- Can I file I-130 and I-485 at the same time?
- If the beneficiary is in the United States and is an immediate relative of a US citizen, you can often file Form I-130 and Form I-485 concurrently. This is called concurrent filing. For other categories, or if the beneficiary is outside the United States, the I-130 must be approved first and a visa number must be available before the beneficiary can apply for a green card.
- What happens if USCIS denies my I-130?
- If USCIS denies your I-130, you will receive a denial notice explaining the reason. Common reasons include insufficient evidence of the relationship, ineligibility of the petitioner or beneficiary, or fraud concerns. You may be able to file a motion to reopen or reconsider, or you may need to refile with additional evidence.
- Can a lawful permanent resident petition for a sibling?
- No. Only US citizens can petition for siblings. Lawful permanent residents are limited to petitioning for a spouse and unmarried children. If you become a naturalized US citizen, you can then petition for siblings, parents, and married children.
- Is a stepchild relationship valid for I-130?
- Yes, if the marriage that created the step-relationship occurred before the stepchild turned 18. You must provide the marriage certificate showing when the marriage occurred and evidence that the child was under 18 at that time. The biological parent's divorce or death certificate from the prior marriage is also typically required.