Form I-130, Green Card For Relative

As a citizen or permanent resident of the United States, you may help a relative become a lawful permanent resident of the United States by obtaining what is often referred to as a "green card." To do so, you need to sponsor your relative and also prove that you have enough income or assets to support your relative(s) when they come to the United States.

What is the purpose of Form I-130?

This is the form that is filed when a citizen or lawful permanent resident of the United States needs to establish the relationship to certain foreign relatives who wish to immigrate to the United States.

Who can file Form I-130, Green Card For Relative?

A U.S. citizen can file Form I-130 for the following relatives:

• Husband or wife;
• Children, married or unmarried.

A U.S. citizen who is at least 21 years or older may also file Form I-130 for the following relatives:

• Parents;
• Brothers or sisters.

A legal permanent resident can file Form I-130 for:

• Husband or wife;
• Children, married or unmarried.

You are required to provide evidence, proving your relationship to the relative, when you file your petition. A separate form must be filed for EACH eligible relative.

What does the I-130 petition do for one's relative?

Filing Form I-130, with the necessary documentation that verifies your relationship with a relative, gives your relative a place in line with others waiting to immigrate from the same country or region based on the same type of relationship. When your relative reaches the front of the line, he or she may be eligible to immigrate after passing all requirements necessary to qualify for an immigrant visa.

Your relative's place in line will be based on the date the petition is filed. Therefore, there is an advantage of filing as soon as possible. On the other hand, there is no waiting period for immediate relatives of U.S. citizens. That includes a U.S. citizen's spouse, parent, or unmarried child under 21 years of age.

How long will it take before a relative can immigrate to the United States?

The law gives special consideration to immediate relatives of U.S. citizens, which includes a U.S. citizen's spouse, unmarried children under 21 years of age, and parents.

• There is no waiting list to immigrate these relatives.
• The U.S. Department of State will invite them to apply for an immigrant visa as soon as the USCIS approves your I-130 petition.
• If your petition has been approved, and your relatives are currently in the United States, after entering legally and they meet certain requirements, they may be able to file an adjustment to permanent resident status application (Form I-485).

For other relatives, the grouping of high demand and the limits set by law on how many people can immigrate each year means your relative may have to wait several years "in line" while petitions that were filed before theirs are processed. When your relative reaches the "front of the line," the U.S. Department of State contacts your relative and extends invitation to him or her to apply for an immigrant visa.

USCIS processes Form I-130 as a visa number becomes 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.

Current wait times for visa categories are located under "Visa Bulletins" on the State Department's website at www.travel.state. gov/visa.

Can my relative wait in the United States until becoming a permanent resident?

No. If your relative is outside the United States, filing an I-130 does not allow your relative to live or work in the United States. An approved I-130 petition only verifies your relationship with your relative. Your relative should not enter the U.S. and should wait outside the United States to immigrate legally. If your husband or wife, unmarried child under 21 years, or parent is already in the United States after entering legally, they can apply for adjustment of status to permanent resident at the same time you file their Form I-130 on their behalf.

Does filing a relative petition commit me to anything?

Yes. Under the law, each person who immigrates based on a relative's petition must have a financial sponsor. If you choose to sponsor your relatives by filing Form I-130, when the time comes for your relative to immigrate to the United States, you must file Form I-864, Affidavit of Support, which verifies that you can financially support your relative, through your income or assets, when they arrive in the US. If you do not meet the financial eligibility requirement, other individuals will then need to make this commitment with you.

It is important to note that this is a binding contract!

How does one file Form I-130?

There are two basic ways to legally help your relatives to immigrate to the United States:

1. If your relatives live abroad, you first need to file Form I-130 with USCIS. Make sure your petition is complete, signed, and submitted with correct fees and necessary documentation. You will need to submit evidence of your U.S. citizenship or permanent residence, and evidence proving your relationship to each person for whom you are filing a petition.
2. If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time that you file Form I-130 for your relative.