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Immigration > Family > I-130

Overview

A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. You can become a lawful permanent resident if you have a relative who is a citizen of the United States or a relative who is a lawful permanent resident. Permanent residence based on family relationships falls into two categories. The first is immediate relatives, for which there is no quota or waiting list. Immediate relatives include unmarried children under the age of 21, spouses, and parents of United States citizens. Other types of family petitions fall under the preference system. There is a limit on the number of persons who can receive permanent residence each year in these categories. The first preference is for unmarried sons and daughters of US citizens, over the age of 21. The second preference is for the spouses and unmarried sons and daughters (any age) of lawful permanent residents of the United States. The third preference is for the married sons and daughters of US citizens (any age). The fourth preference is for brothers and sisters of US citizens.

Eligibility

The sponsor must be a citizen or a lawful permanent resident of the United States. The sponsor should be able to provide documentation proving his or her status. The sponsor should prove that he or she can support his or her relative at 125% above the mandated poverty line.

A US Citizen may petition for the following foreign national relatives to immigrate to the United States: Husband or wife, Unmarried child under 21 years old, Unmarried son or daughter over 21, Married son or daughter of any age, Brother or sister or parents (if sponsor is at least 21 years old).

A lawful permanent resident may petition for the following foreign national relatives to immigrate to the United States: Husband or wife, Unmarried son or daughter of any age.

The applicant must have a relative who is a United States citizen or a lawful permanent resident of the United States who can provide documentation proving his or her status and is willing to sponsor the applicant for lawful permanent residency.

Features

A child may include a legitimate child; or a stepchild, as long as the relationship was created before the child's 18th birthday; or a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, as long as the legitimization took place before the child's 18th birthday; or an illegitimate child where the benefit is sought by virtue of the relationship with the natural mother, or the natural father if the father has or had a bona-fide parent child relationship with the person; or a child adopted while under the age of 16 years if the child has been in the legal custody of, and has resided with, the adopting parent for at least 2 years; or a child who is an orphan because of the death, disappearance, abandonment, or desertion by both parents, or where the sole surviving parent is incapable of caring for the child, and the child is under the age of 16.

To file for a spouse, the marriage must be valid under the laws of the country where it was performed and must not be against public policy. A fraudulent or sham marriage that is entered into for the primary purpose of circumventing the immigration laws does not enable an alien's spouse to obtain immigration benefits. But if the marriage was valid at its inception, a petition can be approved even if the parties are not residing together at the time of the interview.

If your fiancé/fiancée is currently in the U.S legally on any type of visa other than the J-1 visa, and you are a U.S citizen, then you can marry him/her, and he/she will not be sent back to his/her home country unless the marriage took place while the spouse was under deportation or if your fiancé/fiancée came to the US on a tourist visa with the intent of immigration and marriage. However, you must immediately file your I-130 along with forms I-485 and I-765 at a local INS district office. If your fiancé/fiancée did come to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed instead of the I-130 to avoid a denial or deportation. If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 should be filed with the relative outside of the U.S to avoid deportation or denial.

Due to immigration fraud, the INS gives all immigrants by marriage a conditional permanent residency Green Card unless the couple has been married for over 2 years at the time of interview. The conditional permanent residency Green Card is valid for only 2 years from issuance, and the couple must file the I-751 form to remove conditions 90 days before the 2 years is up, or the immigrant will lose his/her Green Card.

Application Procedure

The sponsor must apply for a visa petition (I-130 Petition for Alien Relative). It will prove the applicant's relationship to the sponsor and the sponsor's status as a U.S. citizen or permanent resident. If the immigration service center approves the petition, it will be sent to the National Visa Center in New Hampshire. That office will forward the next set of papers to the beneficiary. The beneficiary must complete these forms and forward them to the US consul. After performing background checks, the consulate will send an appointment letter to the beneficiary to appear for an interview and to bring the requested documents. If everything is in order, the beneficiary will receive his or her immigrant visa. The beneficiary must enter the United States within six months at which time their passports will be stamped as permanent residents. They will receive work permission, and their permanent resident (green) cards will be mailed to them. If the petition is denied, you can file your appeal with the Board of Immigration Appeals on immigration form I-290 B.

Application Forms

AR-11: Change of Address Form
G-14: Information Form
G-28: Notice of Entry of Appearance as Attorney or Representative
G-325: Biographic Information
G-325A: Biographic Information
G-731: Inquiry About Status of I-551 Alien Registration Card
G-845: Verification Request (Non-SAVE Agencies)
G-942: Application Survey (for INS Employment)
I-9: Employment Eligibility Verification
I-90: Application to Replace Permanent Resident Card
I-102: Application for Replacement/Initial Nonimmigrant Arrival/Departure Record
I-129: Petition for a Nonimmigrant Worker
I-129F: Petition for Alien Fiance(e)
I-129S: Nonimmigrant Petition Based on Blanket L Petition
I-129W: Petition for Nonimmigrant Worker Filing Fee Exemption
I-130: Petition for Alien Relative
I-131: Application for Travel Document
I-134: Affidavit of Support
I-140: Immigrant Petition for Alien Worker
I-191: Application for Permission to Return to an Unrelinquished Domicile
I-192: Application for Advance Permission to Enter as Nonimmigrant
I-193: Application for Waiver of Passport and/or Visa
I-212: Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal
I-246: Application for Stay of Deportation or Removal
I-352: Immigration Bond
I-360: Petition for Amerasian, Widow(er), or Special Immigrant
I-361: Affidavit of Financial Support and Intent to Petition for Legal Custody
I-408: Application to Pay Off or Discharge Alien Crew
I-485: Application to Register Permanent Residence or to Adjust Status
I-485 Supplement A: Supplement A to Form I-485, Application to Register Permanent Residence
I-526: Immigrant Petition By Alien Entrepreneur
I-539: Application to Extend/Change Nonimmigrant Status
I-589: Application for Asylum
I-600: Petition To Classify Orphan As an Immediate Relative
I-600A: Application for Advance Processing of Orphan Petition
I-601: Application for Waiver of Grounds of Excludability
I-602: Application By Refugee For Waiver of Grounds of Excludability
I-612: Application for Waiver of the Foreign Residence Requirement
I-690: Application for Waiver of Excludability
I-693: Medical Examination of Aliens Seeking Adjustment of Status
I-698: Application to Adjust Status From Temporary to Permanent Resident
I-730: Refugee/Asylee Relative Petition
I-751: Petition to Remove the Conditions on Residence
I-765: Application for Employment Authorization
I-817: Application for Family Unity Benefits
I-821: Application for Temporary Protected Status
I-823: Application - Inspections Facilitation Program
I-824: Application for Action on an Approved Application or Petition
I-829: Petition by Entrepreneur to Remove Conditions
I-864: Affidavit of Support
I-865: Sponsor's Notice of Change of Address
I-866: Application Checkpoint Pre-enrolled Access Lane
I-876: Election Form to Participate in Employment Eligibility Confirmation Pilot Programs
I-881: NACARA - Suspension of Deportation or Application for Special Rule Cancellation of Removal
I-907: Request for Premium Processing Service
N-25: Request for Verification of Naturalization
N-336: Request for Hearing on a Decision in Naturalization Proceedings Under Section 336 of the INA
N-400: Application for Naturalization
N-565: Application for Replacement Naturalization Citizenship Document
N-600: Application for Certification of Citizenship
N-643: Application for Certificate of Citizenship in Behalf of an Adopted Child

Check List

Form I-130 Checklist
Form I-140 Checklist
Form I-485-AOS Checklist