I-130 Petition For Alien Relative

Frequently Asked Questions & Answers

1. What is the purpose of Form I-130, Petition for Alien Relative?

A U.S. citizen or lawful permanent resident of the U.S. may file Form I-130, Petition for Alien Relative, to establish their relationship to certain alien relatives who wish to immigrate to the U.S. A separate Form I-130 must be filed for each eligible relative.

2. As a U.S. citizen, for whom can I file Form I-130, Petition for Alien Relative?

As a U.S. citizen you may file Form I-130 for:

  1. A child (unmarried and under 21 years of age)
  2. An unmarried son or daughter (over 21 years of age)
  3. A married son or daughter of any age
  4. Parents
  5. Brother or sisters
  6. Spouse
OR
Check My Eligibility

3. As a legal permanent resident, for whom can I file Form I-130, Petition for Alien Relative?

As a legal permanent resident you may file Form I-130 for:

  1. Spouse
  2. A child (unmarried and under 21 years of age)
  3. An unmarried son or daughter (over 21 years of age)

4. What is the process for filing Form I-130, Petition for Alien Relative, for a family member?

U.S. citizens resident in the U.S. must file immigrant visa petitions in the U.S. with the United States Citizenship and Immigration Services (USCIS) office having jurisdiction over their place of residence. All immigrant visa petitions for parents, brothers and sisters, and children over 21 years of age must be filed in the U.S. with the USCIS. U.S. citizens who are resident overseas may file petition at the Embassy for their spouse and unmarried children (below the age of 21) including stepchildren. you will need to check with the Embassy or consulate where you reside to determine if they accept I-130.

5. Must the beneficiary of the Form I-130, Petition for Alien Relative, be present with the petitioner at the time of filing the immigrant visa petition?

No, the petitioner and beneficiary do not have to be at the same location at the time of filing. If you are filing an I-130 at the Embassy or Conuslate only the petitioner needs to come to the embassy to file the petition.

6. Why is Form I-864, Affidavit of Support, required in support of the immigration Form I-130, Petition for Alien Relative?

An affidavit of support is a guarantee to the U.S. government that a Green Card applicant will not become a public charge. The affidavit could be offered by the Green Card sponsor or someone who could provide financial assistance to the applicant in the event that such help would be necessary.

7. As a petitioner, do I need to submit Form I-864, Affidavit of Support, in support of my Form I-130 if I have not worked in the past three years?

All petitioners, regardless of whether or not they have been working or living in the U.S. since the past three years must submit a notarized Form I-864, Affidavit of Support, for the beneficiaries of your petitions.

8. What happens if the Form I-130, Petition for Alien Relative, beneficiary misses the interview appointment?

If the beneficiary misses the interview appointment, the Immigrant Visa Unit will reschedule the interview appointment, generally one or two months from the date when the new appointment is requested. The beneficiary will be notified by mail of the new date.

9. What is Administrative Processing for Form I-130, Petition for Alien Relative, and how long does it take?

Administrative Processing usually refers to a legally mandated security check the Department of State must do for all applicants or beneficiaries over the age of 16. It is a routine process that is done automatically and, if it was performed more than a year ago, may need to be updated. The process normally takes four to six weeks.

10. Can an attorney accompany the beneficiary during the immigrant visa interview at the Consulate?

This depends on the Consulate. Some Consulates allow an attorney to be present during the interview but not participate until the interview is completed.