Immigrant Petition I-130 for Family Based US Green Card

The U.S. immigrant petition Form I­130 is an application filled by U.S. citizens or permanent residents to sponsor their family members to get their permanent residency or green card. Before your application is approved, you must provide proof that shows that you have a relationship with each family member you sponsor.
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The U.S. immigrant petition Form I­130 is an application filled by U.S. citizens or permanent residents to sponsor their family members to get their permanent residency or green card. Before your application is approved, you must provide proof that shows that you have a relationship with each family member you sponsor.

The following people are eligible to be sponsored by a U.S. citizen

  • Spouse
  • Unmarried child (under the age of 21)
  • Unmarried son or daughter (21 or older)
  • Married son or daughter of any age
  • Brother or sister (if you are 21 or older)
  • Father or mother (if you are 21 or older)

 As a U.S. permanent resident, you are eligible to file Form I­130 for the following people

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

The Form I­130 must be filed even when the person being sponsored is in the U.S. or not. The circumstance of the individual being sponsored determines the processes that follows

  • If the person to be sponsored is in the U.S. and came in with a valid U.S. visa, then the person being sponsored may be able to file Form I­485, Application to Adjust Status, and this is done at the same time with filling the Form I­130. This process is called concurrent filing.
  • If the person to be sponsored did not enter the U.S. with a valid U.S. visa or is outside the U.S., once the Form I­130 is approved, the person to be sponsored is notified in the mail to apply for an immigrant visa at a U.S. consulate abroad. This process is called consular processing.