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.