Who can file for I-130 and for whom?
A U.S. citizen or lawful permanent resident (LPR) may file Form I-130, Petition for Alien Relative, for qualifying family members. The beneficiary generally must be eligible for an immediate-relative or family-preference immigrant classification.[1]
Who May File
| Petitioner | Eligible beneficiary |
|---|---|
| U.S. citizen | Spouse; unmarried child under 21; parent, if the citizen is at least 21; unmarried son or daughter 21 or older; married son or daughter; or sibling, if the citizen is at least 21 |
| LPR | Spouse; unmarried child under 21; or unmarried son or daughter 21 or older |
These categories arise under the family-sponsored immigration provisions of the INA.[2] The implementing regulation requires a qualifying petitioner to file Form I-130 for the beneficiary’s classification.[3]
“A citizen or lawful permanent resident of the United States … must file a Form I-130, Petition for Alien Relative.”[3]
Important limitations
- An LPR cannot file for a parent, sibling, or married child.
- A beneficiary’s spouse and children generally cannot be included as derivatives of an immediate-relative petition. Separate petitions may be required.
- A U.S. citizen must generally file a separate Form I-130 for each qualifying beneficiary.[1]
- The petition establishes the qualifying family relationship; the beneficiary must separately complete the immigrant-visa or adjustment-of-status process. USCIS approval is required before a consular-processing case proceeds to the National Visa Center.[4]