What is the I-130 Petition and Who Can File It?

Immigration law is complex in the United States and the process of traveling to the country and obtaining a green card can be daunting. Depending on your circumstances and the details of your situation, there are hundreds of USCIS (United States Citizenship and Immigration Services) forms that may apply to your case. Understanding what the I-130 petition is and who can file it is imperative when you are attempting to secure a green card based on a relative in the U.S. For more information and to obtain experienced representation, reach out to a skillful NYC family immigration attorney today.

What is the I-130 Petition?

The I-130 petition is a USCIS form, formally called the Petition for Alien Relative. Form I-130 is used when a foreign individual is attempting to secure a green card and wants to establish their familial relationship with a U.S. citizen or lawful permanent resident.

Certain relationships qualify a foreign individual to apply for a green card within the United States. Form I-130 is the first step in establishing this relationship and helping a relative obtain lawful permanent resident status.

Who Can File Form I-130?

Only U.S. citizens and lawful permanent residents can file Form I-130. By filing this petition, you are essentially stating that you are related to this foreign individual and want to sponsor them for a green card in the United States. However, not every relationship qualifies.

If you are a United States citizen, you can file Form I-130 on behalf of your:

• Spouse
• Unmarried child under the age of 21
• Unmarried sons or daughters 21 years of age or older
• Married sons or daughters of any age
• Brothers or sisters, given that you are 21 years of age or older
• Mother or father, given that you are 21 years of age or older

If you are a lawful permanent resident, you can file Form I-130 on behalf of your:

• Spouse
• Unmarried child under the age of 21
• Unmarried son or daughter 21 years of age or older

What Are the Requirements for the Petition for Alien Relative?

When filing Form I-130, it is important to fully understand and meet the requirements involved. You must submit the petition with evidence of your citizenship or legal status as well as proof that you are related to the individual you wish to sponsor.

Examples of important documents and evidence to include in your petition include the following.

• Birth certificates
• Naturalization or citizenship certificates
• U.S. passport
• Green card
• Marriage certificates
• Photos, affidavits, joint bank account statements, etc., to prove a valid marriage

It is important to keep in mind that if you are sponsoring more than one relative, you must file a separate form for each individual.

The immigration process can be complex, so it is highly recommended that you obtain help from a skilled attorney. Reach out to a lawyer at the Law Office of Cheryl R. David today to discuss your situation and secure representation.