The I-130 Petition for Alien Relative is a critical step for U.S. citizens who wish to bring their immediate relatives—including parents and unmarried children under 21—to the United States as permanent residents. Immediate relatives are given special priority in the immigration process, meaning there are no annual numerical limits on visas available for them. This category is reserved exclusively for the closest family members, and the petitioning U.S. citizen must prove the existence of a legitimate familial relationship by submitting relevant documentation, such as birth certificates, marriage certificates, and proof of U.S. citizenship.
Once the I-130 petition is approved by USCIS, the processing path for immediate relatives depends on their current location. If the immediate relative is already in the U.S., they may be eligible to adjust status to a permanent resident by filing Form I-485 concurrently or after the I-130 approval. This process allows them to stay in the U.S. while their application is processed. On the other hand, if the immediate relative is outside the U.S., the approved I-130 petition is sent to the National Visa Center (NVC) and subsequently forwarded to the appropriate U.S. embassy or consulate in the relative’s country for consular processing, which includes an interview before a visa is issued.
The processing times for I-130 petitions for immediate relatives can vary, but they generally move faster compared to other family-based immigration categories due to the lack of numerical limitations. However, delays can still occur if USCIS requests additional evidence or if there are complications related to the documentation provided. After the approval and successful completion of either adjustment of status or consular processing, the immediate relative can obtain lawful permanent resident status, commonly known as a Green Card, allowing them to live and work in the United States.
Later Adjustment of Status or Consular filings will also require a Form I-864, Affidavit of Support to be completed. This Affidavit is a legally binding document that U.S. citizens or lawful permanent residents file to demonstrate they have sufficient financial means to support a relative immigrating to the United States. It is required to ensure that the immigrant will not become a public charge and that the sponsor will provide financial assistance if necessary. The sponsor must prove they meet or exceed 125% of the U.S. poverty guidelines to fulfill this obligation. Our team is available to guide green card seekers in obtaining lawful permanent residency through the filing of an immediate relative petition.
