I-130 | Petition for Alien Relative

The I-130 Form is completed by a U.S. citizen or a legal permanent resident to establish a relationship with an eligible relative who wishes to become a legal resident of the U.S.

Filing the I-130 form is the first step to help your eligible family member immigrate to the U.S. Filing the form does not give those eligible family members any immigration benefit or status. Once you have proven the relationship, the form is approved, and a visa is available, eligible family members can submit a form I-485, Adjustment of Status, and apply for legal permanent resident status.

Eligible family members include:

  • Immediate relatives of a U.S. citizen, including a spouse, unmarried children under 21, parents who are over 21
  • Family members of a U.S. citizen, including unmarried son or daughter over 21, married son or daughter, brother or sister
  • Family members of someone with legal permanent resident status, including a spouse, unmarried child under 21, unmarried son or daughter over 21
  • Fiancé(e) of a U.S. citizen
  • Child of a fiancé(e) of a U.S. citizen
  • Widow(er) of a U.S. citizen
  • Other qualified individuals

Not all relatives need to wait for a visa number to become available. If the qualified person is an immediate family member, no wait is required.

Additional support is available for those who are victims of abuse or crimes.

Qualifications

  • You are a U.S. citizen or have a legal permanent resident status (Green Card)

What You'll Need

  • Evidence of U.S. citizenship
  • Evidence of Termination of Previous Marriages (if applicable)
  • Color passport-style photos of both you and your fiancé(e)
  • Evidence of legal name changes (if applicable)
  • Form I-94 arrival-departure record (if issued by U.S. Customs and Border Protections or USCIS)
  • Evidence of intention to marry within 90 days of entry
  • Evidence of in-person meeting during the 2-year period immediately before you filed this petition

Questions? Contact us.

Whatever your immigration issue may be, we are here to help. Our team of attorneys and staff work hard to help you reach your goals.

FAQs

How do I help a relative get a Green Card if I am a U.S. citizen?

The first step is for you to file the Form I-130. Once you receive approval, your relative can file the I-485, Adjustment of Status, or an immigrant visa, depending o their location and availability of a visa. Your relative must be eligible per the USCIS classifications. Be sure to review the list of eligible relatives prior to filing your I-130.

Is there a fee to file the I-130?

Yes, there is a $535 filing fee. You can complete the form, submit it, and pay online through the USCIS website. If you prefer to file the form by mail, you can pay by personal check, money order, or cashiers check. Be sure to check the USCIS website for the correct mailing address for your location.

You may be represented, at no expense to the U.S. government, by an attorney or other duly authorized representative. Your representative must submit Form G-28, Notice of Entry or Appearance as Attorney or Representative. Your representative may also submit Form G-28 at the time of your interview.

Why should I work with ImmigrationUSA?

Immigration issues can be quite complicated. Combine that with the current rate of change in U.S. policies, it can be hard to keep up. Our team puts their experience to work for you and your particular situation. We work hard to stay on top of policy changes and are prepared for changes down the line. We offer patented online software, MyEsq, that streamlines the filing process and makes our knowledgeable team of lawyers just a click away.

Latest News

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The Citizenship and Immigration Services Ombudsman (CIS Ombudsman) made a formal recommendation to improve the process for filing Form I-130, Petition for Alien Relative, which is used for family-based immigration petitions.

The H-1B visa changes, first proposed in late 2023, are now finalized. The U.S. Department of Homeland Security (DHS) announced the rule in the Federal Register.