Form I-130 (Petition for Alien Relative)
Form I-130, Petition for Alien Relative, is the form a US citizen or lawful permanent resident files with USCIS to prove a qualifying family relationship with a relative who wants to immigrate. It is the first step in most family-based green card cases.
Who can file for whom
- US citizens: spouse, children (any age or marital status), parents (if the citizen is 21 or older), and brothers and sisters (if 21 or older).
- Green card holders: spouse and unmarried children only.
Approval does not give a green card. It confirms the relationship and sets the priority date. Then the relative applies through adjustment of status (Form I-485) or consular processing. Immediate relatives of citizens have no waiting line; others wait in the visa bulletin.
USCIS lists the current fee on its fee schedule (Form G-1055). See US family immigration and spouse of a US citizen.
Frequently asked questions
Can I file the I-130 and I-485 together?
Yes, if the relative is an immediate relative of a US citizen living in the US, or their priority date is current.
Can a green card holder petition for a parent?
No. Only US citizens aged 21 or older can petition for parents.
How long does an I-130 take?
It varies by category and office. Check USCIS processing times.
Official sources
- USCIS: Form I-130uscis.gov
- USCIS: Fee schedule (G-1055)uscis.gov
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.