I-130 Petition: The first step to reunite your family
Form I-130 is the petition a U.S. citizen or permanent resident files to recognize the relationship with a foreign relative. It is the necessary first step for that relative to eventually obtain their green card.
Can you file I-130 for your relative? Evaluate for free.
Answer 4 questions. We evaluate your case in 5 minutes.
What is the I-130 petition?
The I-130 is a family petition. It is not a green card application by itself. What it does is prove to immigration that a genuine family relationship exists between a petitioner (U.S. citizen or resident) and their foreign relative, opening the door for that relative to start their own path to residence. It is the first step in almost every family immigration process. Without the I-130 approval, the relative cannot continue with adjustment of status or consular processing. Once the I-130 is approved, the next step depends on the category: some relatives can continue immediately, others must wait for a visa quota to be available.
Who can be a petitioner and who can they petition for
If you are a U.S. citizen you can petition for:
- Spouse (no waitlist, fast track).
- Unmarried children under 21 (no waitlist).
- Parents (no waitlist, if you are 21 or older).
- Unmarried children over 21 (with waitlist).
- Married children (with waitlist).
- Siblings (with waitlist, generally the longest).
If you are a legal permanent resident you can petition for:
- Spouse (with waitlist).
- Unmarried children under 21 (with waitlist).
- Unmarried children over 21 (with longer waitlist).
Residents cannot petition for parents, siblings, or married children. If you need to petition for any of them and you are a resident, we first help you with your naturalization.
How the process works
Evaluation of the family relationship
We confirm that the family relationship qualifies for petition and that your status allows you to file.
Gather evidence
Marriage certificate, birth certificates, evidence of bonafide marriage if applicable (for spouses), petitioner's passport, proof of citizenship or residence.
File the I-130
We file the petition with all documentation. If the relative is already in the U.S. and qualifies, we can file adjustment of status at the same time.
Receive confirmation
Immigration sends a receipt confirming they received the application. This activates the priority date, which defines your place in the waitlist (if applicable).
Decision on the petition
Immigration reviews and decides. If approved, the petition becomes 'visible' and the relative can continue their process.
Next stage by category
Immediate relatives of citizens: go directly to adjustment of status or consular processing. Others: wait their turn for the visa quota.
How long does the process take?
Typical times for I-130 approval are:
- Spouse of U.S. citizen: 8 to 15 months.
- Other immediate relatives of citizen: 10 to 18 months.
- Relatives of permanent resident: 12 to 24 months.
After approval, total time to reach the green card depends on category. Some go immediately; others can wait years for visa quota, especially from Mexico, Philippines, India or China. In the consultation we explain which category you fall into and what the realistic time is for your case.
How much does representation cost?
After evaluating your circumstances, we will explain the recommended legal strategy, total fees, and available payment-plan options. If you also want us to represent you in the subsequent adjustment of status or consular processing, the full plan is adjusted in the consultation.
Frequently asked questions
Ready to start the petition for your relative?
Evaluate your case in a free, confidential consultation. We tell you if it qualifies, how long it can take and what documents they need to gather.
Send us your message
Your consultation is free and confidential. We'll contact you in less than 5 minutes during office hours.