Family Petition

What Is the Purpose of Form I-130?

A citizen or lawful permanent resident of the United States may file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish the existence of a relationship to certain alien relatives who wish to immigrate to the United States.

Who May File Form I-130?

1. If you are a U.S. citizen, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for:

A. Your spouse;

B. Your unmarried children under 21 years of age;

C. Your unmarried sons or daughters 21 years of age or older;

D. Your married sons or daughters of any age;

E. Your brothers or sisters (you must be 21 years of age or older);

and F. Your mother or father (you must be 21 years of age or older).

2. If you are a lawful permanent resident of the United States, you must file a separate Form I-130 for each eligible relative.

You may file Form I-130 for:

A. Your spouse;

B. Your unmarried child under 21 years of age;

and C. Your unmarried son or daughter 21 years of age or older.

NOTE: 1. If you are filing for your spouse, he or she must complete and sign Form I-130A, Supplemental Information for Spouse Beneficiary. If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A. Form I-130A must be submitted with Form I-130.

2. There is no visa category for married children of lawful permanent residents. If you are a lawful permanent resident and you filed Form I-130 for your unmarried son or daughter, but your son or daughter marries before immigrating to the United States or adjusting status to lawful permanent resident, USCIS will deny or automatically revoke your petition.