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Form I-130, Petition for Alien Relative: Who Can File and What It Does

Updated · By the Law Figures editors

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Form I-130, Petition for Alien Relative, is how a U.S. citizen or lawful permanent resident asks USCIS to recognize a family relationship so the relative can apply for a green card. Approval doesn't give the relative status by itself. It confirms the relationship and gives them a place in line, and for most relatives other than a citizen's spouse, minor children and parents, that line can be years long.

Petitioner Relative Category Annual limit?
U.S. citizen Spouse Immediate relative No
U.S. citizen Unmarried child under 21 Immediate relative No
U.S. citizen, 21 or older Parent Immediate relative No
U.S. citizen Unmarried son or daughter, 21 or older F1 Yes
Permanent resident Spouse or unmarried child under 21 F2A Yes
Permanent resident Unmarried son or daughter, 21 or older F2B Yes
U.S. citizen Married son or daughter F3 Yes
U.S. citizen, 21 or older Brother or sister F4 Yes

Permanent residents can't file for parents, siblings or married children. Family preference categories share a yearly limit of no less than 226,000 visas (8 U.S.C. § 1151(c)). We checked USCIS's eligibility list on November 7, 2026.

What to include

USCIS's form instructions list the full set of documents for each relationship. Typically you need:

  1. Proof of your status: a U.S. passport, birth or naturalization certificate, or your green card.
  2. Proof of the relationship: a birth certificate, a marriage certificate, or both, depending on the relative.
  3. For a spouse, Form I-130A with information about the spouse, plus evidence the marriage is real, such as joint leases, accounts or photos over time.
  4. Proof of any name changes, and proof that earlier marriages ended.
  5. The filing fee, which you can find on USCIS's fee schedule.

Missing documents are the most common reason for a request for evidence, which adds months.

Where and how to file

You can file online or by mail. Inside the U.S., paper petitions go to the Chicago or Phoenix lockbox depending on where you live and whether your relative is filing Form I-485 at the same time. USCIS changed the filing location on October 7, 2026, and accepts petitions sent to the old address if postmarked on or before November 9, 2026. Check the I-130 addresses page right before you mail anything.

What happens after approval

  • Relative in the U.S. If eligible, they file Form I-485 to adjust status, sometimes together with the I-130 for immediate relatives.
  • Relative abroad. The case moves to the State Department's National Visa Center and then a consular interview.
  • Preference categories. The relative waits until their priority date, the day USCIS received your I-130, is current in the Visa Bulletin. See our guide to green card wait times.

Questions before you file

  1. Which category is my relative in, and does it have a wait?
  2. If my relative is in the U.S., can they adjust status here?
  3. Will my relative's category change if they marry, turn 21, or I naturalize?
  4. Do I have every document the instructions require for this relationship?
  5. Am I using the current fee and filing address? For other visa types, see U.S. visa categories.

Sources

Related guides

All immigration guides