Form I-130: Everything You Need to Know

Don’t file your Form I-130 petition without reading this guide! We’ll provide specific details on what the Form I-130 petition is, guide you on who should file Form I-130, and list the steps for filling out Form I-130 in this Form I-130 explainer article. Keep reading for more information on Form I-130.

What is the Form I-130 Petition?

Form I-130, Petition for Alien Relative, is a form that must be filed with United States Citizenship and Immigration Services by a U.S. citizen or lawful permanent resident (Green Card holder) on behalf of a foreign family member who is seeking a Green Card.

The U.S. citizen or lawful permanent resident is considered the petitioner in the I-130 filing process. This is because they are the individual who is petitioning for the foreign individual’s lawful permanent residence. As part of family-based U.S. immigration laws and regulations, individuals must have a person who can advocate for their Green Card issuance.

The foreign individual is considered the beneficiary in the I-130 filing process. This is because this individual will potentially receive U.S. immigration benefits if they are approved for a Green Card.

Visit the full Form I-130 guide for more details on this form.

Who Files the Form I-130?

Again, the Form I-130 is filed by the petitioner. This is a U.S. citizen, lawful permanent resident. In other words, the Green Card holder who is already legally residing in the U.S. must file the Form I-130 on behalf of the foreign individual(s) seeking entry into the U.S.

Please note that separate Form I-130s must be filed for each dependent. For example, if a spouse seeking a Green Card has a child they’re bringing with them, a separate I-130 would need to be filed for the child in addition to the foreign spouse’s I-130.

How to Fill Out Form I-130

The Form I-130 can be completed in the following seven steps:

1. Determine eligibility.
2. Gather required documents.
3. Submit Form I-130.
4. Receive USCIS receipt notice.
5. Wait for processing.
6. Receive approval or denial notice from USCIS.
7. Immigrant visa application or adjustment of status.

To find more detailed steps, I-130 eligibility criteria, I-130 required documents, I-130 cost, I-130 processing times, and more, navigate to the comprehensive Form I-130 Instructions.