I-130 Family Petitions

The I-130 petition, officially known as the "Petition for Alien Relative," allows U.S. citizens or lawful permanent residents (green card holders) to establish a qualifying family relationship with a foreign national relative.

 

Only specific family members are eligible for sponsorship. Here’s who can file an I-130:

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​U.S. Citizens:

• Can file for the following relatives:

  • Spouse (husband or wife)

  • Parents (if the petitioner is 21 years or older)

  • Children:

    • Unmarried children under 21

    • Married children of any age

  • Siblings (if the petitioner is 21 years or older)

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Lawful Permanent Residents (Green Card Holders):

• Can file for the following relatives:

  • Spouse (husband or wife)

  • Unmarried children (regardless of age)

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The foreign relatives who benefit from an I-130 petition depend on the petitioner's status (U.S. citizen or lawful permanent resident) and the family relationship. Once the I-130 is approved, it allows the beneficiary to apply for permanent residency (a green card) based on their priority date and visa availability.

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Family Preference Categories:

For relatives of U.S. citizens and lawful permanent residents who do not qualify as "immediate relatives," green card applications are subject to visa availability under the Family Preference categories:

• F1: Unmarried adult children (21 or older) of U.S. citizens.

• F2A: Spouses and unmarried children (under 21) of lawful permanent residents.

• F2B: Unmarried adult children (21 or older) of lawful permanent residents.

• F3: Married children of U.S. citizens.

• F4: Siblings of U.S. citizens (if the citizen is 21 or older).

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The waiting time for these family members can vary based on their country of origin and the number of available visas in each category. You can always see the current status of the Visa Bulletin through the Department of State's website.

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Filing an I-130 petition is an essential step in helping close family members obtain lawful permanent residency in the U.S. Whether you're a U.S. citizen or a permanent resident, understanding who qualifies and the associated timelines is key to successful family reunification.

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Navigating the I-130 petition process can be complex, but you don’t have to do it alone. Our experienced immigration attorneys at Aspire Law Firm are here to guide you through every step, ensuring your petition is filed accurately and efficiently. Call us today for a free consultation (469-207-3909), and let us help you bring your family together.