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USCIS Form I-130

Form I-130: Petition for Alien Relative

Complete Guide to Family-Based Immigration Petitions

Form Number

I-130

Filing Fees

$535

Filing Location

USCIS Service Center

Validity

No expiration once approved

What is Form I-130?

Form I-130, Petition for Alien Relative, is used by U.S. citizens and lawful permanent residents (green card holders) to establish a qualifying relationship with an eligible relative who wishes to immigrate to the United States. This form is the first step in the family-based immigration process.

Who Can File Form I-130?

U.S. Citizens Can Petition For:
  • Spouse (husband or wife)
  • Unmarried children under 21 (immediate relatives)
  • Unmarried sons or daughters 21 or older
  • Married sons or daughters of any age
  • Parents (if petitioner is 21 or older)
  • Brothers and sisters (if petitioner is 21 or older)
Lawful Permanent Residents Can Petition For:
  • Spouse (husband or wife)
  • Unmarried children under 21
  • Unmarried sons or daughters 21 or older

Family Preference Categories

Immediate Relatives

Spouses, unmarried children under 21, and parents of U.S. citizens (21+). No visa number limits - fastest processing.

F1: Unmarried Adult Children

Unmarried sons and daughters (21+) of U.S. citizens. Current wait time: 7-10 years.

F2A: Spouses & Children of LPRs

Spouses and unmarried children under 21 of green card holders. Current wait time: 2-3 years.

F2B: Unmarried Adult Children of LPRs

Unmarried sons and daughters (21+) of green card holders. Current wait time: 6-9 years.

F3: Married Children of Citizens

Married sons and daughters of U.S. citizens. Current wait time: 12-15 years.

F4: Siblings of Citizens

Brothers and sisters of U.S. citizens (21+). Current wait time: 15-23 years.

The I-130 Process

Step 1: File Form I-130

Submit the petition with all required documents and filing fee to USCIS.

Step 2: USCIS Review

USCIS reviews the petition and may request additional evidence (RFE).

Step 3: Approval

Once approved, the case moves to the National Visa Center (NVC) or adjustment of status.

Step 4: Visa Available

When a visa number becomes available, the beneficiary can proceed with their green card application.

Step 5: Interview

Attend an interview at a U.S. consulate abroad or USCIS office in the U.S.

Step 6: Green Card

Upon approval, the beneficiary receives their green card and becomes a permanent resident.

Processing Times

Processing times vary by service center and category. Immediate relatives typically see faster processing than preference categories.

Immediate Relatives: 12-24 months
Preference Categories: Varies by visa bulletin
Filing Fees

$535

Filing fee for Form I-130 (as of 2024). Additional fees may apply for biometrics and other forms.

Important Considerations

File a separate I-130 for each relative you are sponsoring
Derivative beneficiaries (spouse and children of the principal beneficiary) may be included
Maintain your immigration status while the petition is pending
Keep USCIS updated with address changes using Form AR-11
Certain criminal convictions may affect eligibility
Marriage fraud can result in permanent immigration bars
Common Mistakes to Avoid
  • Incomplete or unsigned forms
  • Missing or incorrect filing fees
  • Insufficient evidence of relationship
  • Failure to translate foreign documents
  • Not including certified copies of civil documents

Need Help With Your I-130 Petition?

Our experienced immigration attorneys can guide you through the entire family petition process, from filing to approval.