What are Forms I-130 and I-130A?
Form I-130, Petition for Alien Relative, is used by U.S. Citizens or Lawful Permanent Residents to petition for a relative who wishes to immigrate to the United States. This form is the first step in a two-part process for bringing relatives into the U.S. Unlike many immigration forms filed by the intending immigrant, Form I-130 is completed by the U.S. Citizen or Permanent Resident on behalf of their relative.
Form I-130A is also required when a spouse is being petitioned, providing additional necessary information.
It’s important to note that approval of Form I-130 alone does not grant any legal status, work authorization, or permanent residency. Its approval simply confirms a qualifying familial relationship, allowing the relative to apply for permanent residence.
When to File Form I-130:
Form I-130 should be filed whether the intending immigrant is inside or outside the U.S. This form is the first step in the path toward permanent residence.
Once USCIS receives Form I-130, it will be reviewed. Petitions for Immediate Relatives (such as spouses, children, and parents of U.S. Citizens) are prioritized, and there is no annual limit on green cards for these relatives. As a result, the process is usually faster for Immediate Relatives than for Family Preference categories, which are subject to annual limits and often involve longer wait times. The processing time can range from 6 months to 6 years or more, depending on the relative’s visa category.
Connected Forms:
For relatives inside the United States: Immediate relatives of U.S. Citizens may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as Form I-130.
For relatives outside the United States: After approval of Form I-130, Form DS-260 must be filed with the National Visa Center for the intending immigrant living outside the U.S.
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