If you’re a U.S. citizen or legal permanent resident looking to sponsor a family member for a green card, you’ve likely heard of the Form I-130. But what exactly is it, who qualifies, and what can you expect during the process? Let’s break it all down.
What Is Form I-130?
The I-130, Petition for Alien Relative, is the first step in sponsoring a qualifying family member for a green card. It’s filed with USCIS (U.S. Citizenship and Immigration Services) and essentially tells the government, “This person is my family member, and I want to sponsor them to become a lawful permanent resident.”
Who Can File an I-130?
Only U.S. citizens and green card holders (legal permanent residents) can file Form I-130.
- U.S. citizens can sponsor:
- Spouses
- Children (any age, married or unmarried)
- Parents
- Siblings
- Legal permanent residents can sponsor:
- Spouses
- Unmarried children (only)
Legal permanent residents cannot sponsor:
- Parents
- Siblings
Who Cannot Be Sponsored?
Even if you’re a citizen or green card holder, certain relatives are not eligible for sponsorship under I-130. These include:
- Grandparents
- Aunts, uncles, cousins
- Parents-in-law (e.g., your spouse’s parents)
Other restrictions include:
- Adopted children who were adopted after age 16 or who didn’t live with the sponsor for two years before filing.
- Natural parents of adopted children—they cannot be sponsored by a child who was adopted.
- Biological parents of Special Immigrant Juveniles (SIJs)—these children cannot sponsor their birth parents later in life.
- Stepparents or stepchildren—if the marriage creating that relationship occurred after the child was 18.
And, of course, any history of immigration fraud will disqualify you from using this process.
Processing Time
- Processing Time:
Processing times currently range from 10 months to 2 years depending on the relationship, your immigration history, and the USCIS office handling the case.
Due to major backlogs and long delays, there have even been lawsuits filed against the federal government to speed things up.
Why This Process Matters
Filing an I-130 is only the first step. It doesn’t grant immigration benefits by itself, but it’s essential to unlock green card eligibility for your family member. After approval, additional steps like adjustment of status or consular processing follow, depending on your loved one’s location and circumstances.
📌 Tip: This is a technical and detail-sensitive process. Mistakes or misunderstandings can cost years. Always talk to an experienced immigration attorney before moving forward.
