Petitions for Qualifying Relatives
An I-130 Petition for Alien Relative is the first of two steps in helping your relative immigrate to the United States and get a Green Card.
Following the approval of the petition, your relative will be able to file for a Green Card. If they are already in the United States, they will file an Application for Adjustment of Status with USCIS (Link). If they are out of the United States, they will apply for an immigrant visa with the U.S. Department of State at the U.S. Embassy or Consulate in their home country (Link).
For your Petition to be approved, you will need to establish the qualifying relationship between you and your relative that qualifies them to immigrate to the United States.
If you are a U.S. citizen or a U.S. national, you may file 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).
If you are a lawful permanent resident of the United States, you may file 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.
The approval of the I-130 itself does not grant your relative any immigration status or benefit. It allows them to apply to become a Lawful Permanent Resident (Green Card holders).
As numbers for some visa categories are limited, certain relatives must wait until a visa number is available before they can apply. (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html).
Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.
If you would like to learn more about this topic, please contact our office