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Documents & Forms

Form I-130

Definition

Form I-130, Petition for Alien Relative, is a USCIS petition a US citizen or lawful permanent resident files to establish a qualifying family relationship with a relative who wants to immigrate. Approval does not grant a green card; it confirms the relationship and fixes the priority date that sets the relative's place in line.

How Form I-130 works

A US citizen or lawful permanent resident (the petitioner) files Form I-130 with USCIS to prove a qualifying family relationship with a relative (the beneficiary). Supporting evidence, such as marriage or birth certificates, establishes that the relationship is genuine.

Approval does not grant a green card or a visa. It confirms the relationship and locks in the priority date, which sets the beneficiary's place in line. For many categories there is then a wait, sometimes years, for a visa number to become available. After that, the relative applies for the green card through US immigrant visa processing or adjustment of status.

Who needs an I-130

The I-130 is the starting point for almost all family-based US immigration. Immediate relatives of US citizens, meaning spouses, unmarried children under 21 and parents, have no annual cap, so they move faster. Other family-preference categories, and relatives of green card holders, face limited numbers and longer queues.

Filing fees and processing times change, so verify them on USCIS.gov before advising. Agencies handling family visa cases to the United States often manage several linked petitions for one household.

What it means for visa agencies

The I-130 receipt notice, its priority date and the later immigrant-visa steps are long-lived milestones, and a platform like VisaCRM stores them per beneficiary so an agency can see exactly where each family petition sits.

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Frequently asked questions

Does an approved I-130 give my relative a green card?

No. An approved I-130 only confirms the family relationship and establishes a priority date; it does not grant a visa, a green card or the right to live or work in the United States. Your relative must complete further steps, consular processing with a DS-260 abroad or adjustment of status if eligible inside the US, before receiving a green card.

Who can file Form I-130?

Only a US citizen or a lawful permanent resident (green card holder) can file an I-130, and only for specific qualifying relatives. Citizens can petition for spouses, children, parents and siblings; permanent residents can petition for spouses and unmarried children. Each relationship falls into a category that affects how long the wait for a visa will be.

How long does an I-130 take?

It varies enormously. USCIS processing to approve the petition is one stage; the wait for a visa number afterwards depends on the category and the beneficiary's country, and for some family-preference categories can run to many years. Immediate relatives of US citizens avoid the numerical queue. Check current USCIS processing times and the Visa Bulletin.

What is the priority date on an I-130?

The priority date is the day USCIS receives your properly filed I-130, and it marks the beneficiary's place in line for a visa. When the State Department's monthly Visa Bulletin shows that date as current for the relevant category and country, a visa number is available and the case can move to the immigrant-visa or adjustment stage.

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