Form I-130 Immediate Relative: What Is It?

Sponsoring a relative to join their family in the United States is a priority for many immigrants and citizens. The Form I-130 for immediate relatives is the vehicle for making that happen.

The Petition for Alien Relative, Form I-130, establishes a qualifying family relationship between the petitioner (a US citizen or lawful permanent resident) and the beneficiary (their foreign family member). The Form I-130 alone is not a visa for immediate relatives or a Green Card but an application seeking to establish for USCIS a familial connection between a US citizen or lawful permanent resident and their foreign family member beneficiary. While an approved Form I-130 paves the way for a Green Card application, the process involves multiple steps, each with its own requirements and waiting periods.

Here’s an in-depth look at the I-130 eligibility requirements and what to expect during the application process. If you have questions about the I-130 process, schedule a consultation with one of our experienced Atlanta visa petition attorneys at Antonini & Cohen.

Form I-130 Eligibility

Only US citizens and Green Card holders can petition for family members through a Form I-130. The types of family members they can sponsor vary according to whether they are a US citizen or lawful permanent resident.

US Citizens can file for spouses, children, parents, and siblings.
Lawful Permanent Residents (Green Card holders) can petition only for spouses and unmarried children.

For all but children under 21, spouses, and parents of US citizens, the priority category and family preference classifications affect visa availability, which is one reason why certain relatives face longer wait times than others.

Documentation Required for Form I-130

The filing process involves providing proof of both the petitioner’s status and the family relationship:

Proof of Citizenship or Residency: Acceptable documents for US citizens include a passport, birth certificate, or naturalization certificate. For Lawful Permanent Residents, a Green Card is required.
Proof of Relationship: A marriage certificate, birth certificate, or adoption records may be required. Spousal petitions need additional evidence to prove the legitimacy of the marriage, such as shared bank statements or photos together.
Other Supporting Evidence: Depending on the case, additional documents may be necessary to support claims of a bona fide relationship, especially in spousal petitions, where USCIS will look carefully to ensure the marriage was not entered into solely for immigration purposes.

Watch Nisha Karnani’s Immigration Support Letter video to know more:

I-130 Application

You can file your Form I-130 online or by mail. If you choose to mail your form, visit Filing Addresses for Form I-130, Petition for Alien Relative, for the appropriate mailing address according to your location.

The application fee is non-refundable. The money will not be returned even if USCIS denies the petition.

Given the financial risk, ensuring a correct, well-documented filing will save time and money. Consult with an Antonini & Cohen Atlanta immigration lawyer to make sure your application is prepared correctly and documented well so as to ensure approval.

Processing Times for 2025

USCIS processing times vary by case and location and change frequently. You can check USCIS’ estimated processing times on their website.

Consular Processing vs. Adjustment of Status

Once USCIS approves the Form I-130, the following steps depend on the beneficiary’s location:

Consular Processing: If the beneficiary currently resides outside the US, the National Visa Center (NVC) coordinates with the US embassy or designated consulate in the beneficiary’s home country. Consular Processing includes a visa interview, after which (upon approval) the beneficiary may use the newly obtained visa to be admitted to the US as a lawful permanent resident.
Adjustment of Status (AOS): For those residing in the US who were either lawfully admitted or paroled into the US after inspection at the border, filing an AOS via Form I-485 allows beneficiaries to stay in the US while their Green Card application is processed, avoiding the need to exit the US for Consular Processing.

Consulting an Immigration Lawyer in Atlanta

Given the complexity of filing a Form I-130 and the subsequent steps (Consular Processing or Adjustment of Status), you should consult one of Antonini & Cohen’s Atlanta immigration lawyers to ensure you don’t waste time or money in this process.

Experienced Guidance and Error Prevention: An immigration lawyer provides in-depth knowledge of the Form I-130, helping clients avoid mistakes that can lead to delays or rejections.
Efficient and Personalized Support: Lawyers offer tailored advice specific to each case, ensuring all necessary documents are properly prepared and submitted for faster processing.
Representation for Complications: If issues or requests for additional evidence arise, a lawyer can represent the client and respond effectively to keep the application on track.
Interview Preparation and Peace of Mind: Immigration attorneys help clients prepare for potential interviews and reduce the stress of navigating complex processes alone.

The Form I-130 is the starting point for US citizens and Green Card holders aiming to bring immediate relatives to the United States. From filing fees to processing times and documentation requirements, every aspect of the process requires careful attention. Consulting the Atlanta immigration lawyers at Antonini & Cohen will ensure accuracy, timeliness, and peace of mind for applicants. Filing an accurate, well-documented, professionally prepared Form I-130 submission will bring foreign national family members closer to reuniting with loved ones in the US.

Contact us at (470) 428-3200 or via our contact form to schedule a consultation and discuss your case with one of Antonini & Cohen’s experienced immigration attorneys. At Antonini & Cohen, we know how.