I-130 Petition for Alien Relative
By: Dayna Lally, Esq.
The I-130 Petition for Alien Relative is a form used by U.S. citizens or lawful permanent residents (“green card holders”) to establish their relationship to a relative who wishes to immigrate to the United States and obtain a green card.
Who May File I-130 Petition for Alien Relative
A citizen or lawful permanent resident of the United States may file I-130 Petition for Alien Relative to establish the existence of a relationship to certain relatives who wish to immigrate to the United States.
U.S. Citizen I-130 Petition for Alien Relative
U.S. citizens may file I-130 Petition for Alien Relative on behalf of the following relatives:
- Spouse;
- Unmarried children under 21 years of age;
- Unmarried sons or daughters 21 years of age or older;
- Married sons or daughters of any age;
- Brothers or sisters*; and
- Mother or father*.
* U.S. citizen must be 21 years of age or older to file I-130 Petition for Alien Relative on behalf of these types of relatives.
Generally, U.S. citizens must file separate I-130 petitions on behalf of each eligible relative.
However, there are exceptions for categories C, D, and E listed above. In each of these categories, the foreign relative’s spouse or unmarried children under 21 years of age are considered “derivative beneficiaries,” and thus do not require a separate petition.
Green Card Holder I-130 Petition for Alien Relative
Green Card Holders may file I-130 Petition for Alien Relative on behalf of the following relatives:
- Spouse;
- Unmarried children under 21 years of age; and
- Unmarried sons or daughters 21 years of age or older.
Green Card Holders are not required to file separate I-130 petitions for their foreign relative’s unmarried children under 21 years of age. These children are always considered “derivative beneficiaries,” and should be listed in Part 4 of the I-130 Petition for Alien Relative.
Immigration Lawyer I-130
If you would like to sponsor family members in immigrating to the United States from abroad, contact immigration lawyer I-130, Dayna Lally, by email to [email protected]. Dayna Lally, Esq. is an immigration lawyer I-130 in Boston and the owner of Lally Immigration Services, LLC in Woburn, MA. Dayna has successfully helped clients from all over the world immigrate to the United States – check out our client testimonials!
Disclaimer: This blog article is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice, nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.
Last Reviewed/Updated: 12/09/2022
