Purpose of the I-130 Petition for Alien Relative

A citizen or lawful permanent resident of the United States may file the I-130 Petition for Alien Relative to establish their relationship to certain foreign national relatives who wish to immigrate to the United States. A separate form must be filed for each eligible relative. Please note: US Citizenship and Immigration Services (USCIS) processes Form I-130, Petition for Alien Relative when appropriate immigrant visa numbers become available. Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident.

Eligibility Requirements for the I-130 Petition for Alien Relative

If you are a US citizen, you may file the I-130 Petition on behalf of your:

1. husband, wife or unmarried child under 21 years old;
2. parent if you are at least 21 years old;
3. unmarried son or daughter over 21 years old;
4. married son or daughter of any age;
5. brother or sister if you are at least 21 years old.

If you are a US lawful permanent resident, you may file the I-130 Petition on behalf of:

1. husband or wife;
2. unmarried child under 21 years of age;
3. unmarried son or daughter over 21 years of age.

The following classes of relatives are not eligible beneficiaries of an I-130 Petition for Alien Relative:

1. An adoptive parent or adopted child, if the adoption took place after the child's 16th birthday, or if the child has not been in the legal custody and living with the parent(s) for at least two years;
2. A natural parent, if the United States citizen son or daughter gained permanent residence through adoption;
3. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday;
4. A husband or wife, if you and your spouse were not both physically present at the marriage ceremony, and the marriage was not consummated;
5. A husband or wife, if you gained lawful permanent resident status by virtue of a prior marriage to a United States citizen or lawful permanent resident, unless:
   • A period of five years has elapsed since you became a lawful permanent resident; OR
   • You can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws; OR
   • Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse.
6. A husband or wife, if he or she was in exclusion, deportation, removal, rescission or judicial proceedings regarding his or her right to remain in the United States when the marriage took place, unless such spouse has resided outside the United States for a two-year period after the date of the marriage;
7. A grandparent, grandchild, nephew, niece, uncle, aunt, cousin or in-law;
8. A husband or wife, if it has been legally determined that such an alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws.

Supporting Documents for the I-130 Petition for Alien Relative

Supporting documents necessary for the I-130 Petition for Alien Relative will vary depending on the specifics of your case, but in general should include:

1. US Citizen Petitioner:
• If the petitioner is a US citizen and was born in the United States, a copy of the petitioner's birth certificate issued by the civil registrar, vital statistics office, or other civil authority; OR
• a copy of petitioner's valid, unexpired US passport; OR
• an original statement from a U.S. consular officer verifying that the petitioner is a U.S. citizen with a valid passport; OR
• a copy of the petitioner's naturalization certificate or certificate of citizenship issued by USCIS or the former INS; OR
• a copy of Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by an American embassy or consulate.


2. US Lawful Permanent Resident (LPR) petitioner:
• a copy of the front and back of petitioner's permanent resident card; OR
• if the LPR's card is not yet received , submit copies of petitioner's passport biographic page and the page showing admission as a permanent resident, or other evidence of permanent resident status issued by USCIS or the former INS.


3. Evidence of a valid family relationship: evidentiary requirements will vary depending on the type of family relationship.

The suitability of the I-130 Petition for your situation will be evaluated by a professional immigration attorney upon the initiation of your case. If after initial review of your case your attorney determines that there is another visa or immigration category more suitable for your situation, your attorney will advise you of your eligibility for the alternative category and you may elect to proceed accordingly. If your attorney determines that you do not reasonably qualify for any available nonimmigrant or immigrant category, your attorney will advise you of your lack of eligibility and may reserve the right to withdraw from your case. A case initiation fee may apply.