Form I-130: Immediate Relative Petition
Family-Based Immigration | Bringing Close Family Members to the United States
Form I-130, Petition for Alien Relative, is the first step in helping an eligible family member immigrate to the United States and obtain lawful permanent residence (a green card). This petition is used by U.S. citizens and lawful permanent residents (green card holders) to establish a qualifying family relationship with the relative they wish to sponsor.
When filed for immediate relatives, the I-130 petition opens one of the fastest and most straightforward family-based pathways to permanent residency in the U.S.
Who Qualifies as an Immediate Relative?
Under U.S. immigration law, the Immediate Relative category is reserved for the closest family members of U.S. citizens only — not permanent residents. Immediate relatives include:
✅ Spouse of a U.S. Citizen — Husband or wife.
✅ Unmarried Child Under 21 of a U.S. Citizen — Biological, adopted, or stepchildren (if the marriage creating the step relationship occurred before the child turned 18).
✅ Parent of a U.S. Citizen — If the U.S. citizen sponsor is at least 21 years old.
Note: This category does not include married sons or daughters over 21, siblings, or other relatives — those are covered under other family preference categories, which have annual limits and wait times.
Why the Immediate Relative Category Is Unique
✅ No Annual Caps: There is no numerical limit on green cards for immediate relatives, meaning visas are always available — no waiting in line.
✅ Faster Processing: Immediate relatives usually experience shorter processing times compared to other family preference categories.
✅ Direct Path to Green Card: Immediate relatives can often apply for a green card as soon as the I-130 is approved, if they are eligible for adjustment of status.
How the I-130 Petition Works
✅ Petitioner: Must be a U.S. citizen.
✅ Beneficiary: The family member seeking a green card.
✅ Form I-130: Establishes the qualifying family relationship between the petitioner and the beneficiary.
The petitioner must submit proof of their U.S. citizenship and evidence of the qualifying relationship. Examples include:
Marriage certificates for a spouse.
Birth certificates or adoption decrees for children.
Birth certificates proving parent-child relationships for parents.
Next Steps After I-130 Approval
✅ If the beneficiary is in the U.S.: They may file Form I-485, Application to Adjust Status, to become a lawful permanent resident without leaving the country (if eligible).
✅ If the beneficiary is abroad: They complete consular processing at a U.S. embassy or consulate in their home country by filing Form DS-260, Immigrant Visa Application, and attending an interview.
Benefits of Sponsoring an Immediate Relative
✅ Bring your spouse, child, or parent to live with you in the U.S.
✅ No waiting for visa availability — immediate relatives always have visas available.
✅ Eligible for lawful permanent residency and, eventually, U.S. citizenship.
How USCIS Expert Helps
Filing Form I-130 and supporting your family member’s green card process requires accurate documentation, timely filing, and careful preparation for interviews. At USCIS Expert, we:
Evaluate your eligibility to sponsor your relative.
Prepare and submit your Form I-130 petition with complete supporting documents.
Guide you and your family through adjustment of status or consular processing.
Answer questions and support you every step of the way until your family is reunited in the United States.
Keep Your Family Together
Whether you’re petitioning for your spouse, child, or parent, the Immediate Relative pathway is one of the most straightforward ways to bring your loved ones to live with you permanently in the United States.
Contact USCIS Expert today to find out how we can help you file Form I-130 confidently and navigate every step of your family immigration journey.