Petition for unmarried child over 21 how long

Bringing Children, Sons and Daughters to Live in the United States as Permanent Residents

The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is an unmarried person under 21 years of age. A “son” or “daughter” is a person who is married or is 21 years of age or older. For additional clarification, please read the requirements listed below.

If you are a...	You may petition for...
U.S. citizen	Children (unmarried and under 21) Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition. Married sons and daughters (any age) - Your son or daughter’s spouse and/or child(ren) may be included on this petition.
Permanent resident (Green Card holder)	Children (unmarried and under 21) - Your child’s child(ren) may be included on this petition. Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition.

A more detailed description of who is considered a "child" in the immigration process is given below. If you or your child, son or daughter currently serves in the U.S. military, see the Military section of the website.

Form I-130, Petition for Alien Relative (signed with proper fee)
Evidence of your U.S. citizenship:
- A copy of your U.S. birth certificate OR
- A copy of your unexpired U.S. passport OR
- A copy of Consular Report of Birth Abroad OR
- A copy of your naturalization certificate OR
- A copy of your certificate of citizenship
If you are a permanent resident, you must demonstrate your status with:
- A copy (front and back) of Form I-551 (Green Card) OR
- A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence.
If your name or your child’s name has changed, proof of legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.)
Proof of relationship (see chart below for case-specific requirements)

If you are the...	You must also submit...
Genetic mother or a non-genetic legal gestational mother	A copy of your child’s birth certificate issued by civil authorities
Genetic father	A copy of your child’s birth certificate issued by civil authorities A copy of your marriage certificate to the child’s or a genetic or legal gestational mother If you and/or the genetic or legal gestational mother are no longer married, you must also submit evidence of the legal termination of that marriage through death, divorce, or annulment. If you never married the child’s mother before the child turned 18: If the law of your or your child’s residence considers the child legitimated, you do not need to provide additional information If your child is not legitimated under the law, you must submit evidence that you established a bona fide father-child relationship prior to the child turning 21 or marrying. This should be evidence of emotional and/or financial involvement in the child’s life.
Step-parent (step-mother or step-father)	A copy of your step-child’s birth certificate issued by civil authorities A copy of your civil marriage certificate to your step-child’s genetic or legal gestational parent Proof of the legal termination of all previous marriages for you and/or the genetic parent or legal gestational mother (divorce decree, death certificate, annulment decree)
Adoptive parent (adoptive mother or adoptive father)	Copy of child’s original birth certificate Copy of the final adoption decree Evidence that you had 2 years of legal custody (this could have been awarded by a court prior to the final adoption decree) Evidence that you had 2 years of physical custody (this means time during which the child was living with you and you were exercising primary parental control)

If you are a. ..	Then...
U.S. citizen petitioning for your child (unmarried and under 21)	Your child may file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time that you file Form I-130
U.S. citizen petitioning for your son or daughter (married and/or 21 or over)	You file Form I-130. Your son or daughter files Form I-485 when a visa becomes available. See the Visa Bulletin and Green Card pages.
Permanent resident (Green Card holder) petitioning for your child, son, or daughter	You file Form I-130. Your child, son, or daughter may file Form I-485 when a visa becomes available. See the Visa Bulletin and Green Card pages.

If your child, son, or daughter is outside the United States, you file Form I-130. The petition will be sent for consular processing after it is approved and a visa is available. The U.S. Embassy or consulate will provide notification and processing information.

If you are petitioning for a step-child and have not been married to the child’s genetic parent genetic or legal gestational mother for 2 years at the time the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status. Form I-751, Petition to Remove Conditions on Residence is used to remove the conditional basis of permanent residence. (Note that Form I-90, Application to Replace Permanent Resident Card is NOT used for this purpose.)

If your spouse and child became CPRs at the same time or within 90 days, the child can be included in your spouse’s petition. If the child became a permanent resident more than 90 days after your spouse, the child will need to file a separate Form I-751.

Form I-751 must be filed within the 90-day period prior to the expiration date on the conditional resident card. If you fail to file during this time, your spouse and/or your child’s status will be terminated and they may be subject to removal from the United States. For more information, see the How Do I Guides.

For immigration purposes, a child can be any of the following:

A genetic child born in wedlock
A genetic child born out of wedlock:
- If the mother is petitioning, no legitimation is required.
- If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence.
- If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried.
A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of the child’s birth.
A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18
An adopted child if the child was adopted before age 16 (or before their 18th birthday, if certain circumstances described on the Adoption-Based Family Petition Process or Adoption-Based Form I-130 Process page apply), AND the adoptive parent has satisfied 2-year legal custody and joint residence requirements. (The legal custody and joint residence do not have to be during the same time period, but each must be met for a cumulative 2-year period.) NOTE: Most adoption-based immigration occurs through the orphan or Hague processes. If you are considering pursuing the Adoption-Based Form I-130 Process, you should review certain eligibility considerations. See the Adoption pages for more information.

To check the status of your visa petition, see the My Case Status page.

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page.

If you are a lawful permanent resident (Green Card holder) and you have filed Form I-130 for your child on or before December 21, 2000, your child may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see the V Nonimmigrant Visas page.

For more information, visit the Adjustment of Status within the United States page and Consular Processing overseas page.

If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal may be sent to the Board of Immigration Appeals. For more information, see the How Do I Guides.

This section is for beneficiaries who became permanent residents through a preference classification.

If you had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your children. In addition, your children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your children can apply for an immigrant visa.

Your children may be eligible for following-to-join benefits if:

The relationship existed at the time you became a permanent resident and still exists, AND
You received an immigrant visa or adjusted status in a preference category.

If your family member (child) falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

Form I-824, Application for Action on an Approved Application or Petition
A copy of the original application or petition that you used to apply for immigrant status
A copy of Form I-797, Notice of Action, for the original application or petition
A copy of your Form I-551 (Green Card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your child overseas with your Form I-485. When concurrently filing Form I-824, it does not require any supporting documentation.

If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Direct such inquiry by sending an e-mail to [email protected] or by writing to the National Visa Center, ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.

More Information

How Do I Help My Relative Become a Permanent Resident? (Guide for U.S. Citizens) (PDF, 688.27 KB)
How Do I Help My Relative Become a Permanent Resident? (Guide for Permanent Residents) (PDF, 577.38 KB)
How Do I Immigrate an Adopted or Prospective Adopted Child or Help My Adopted Child Become a U.S. Citizen or U.S. Permanent Resident? (PDF, 230.33 KB)

Forms

I-130, Petition for Alien Relative
I-864, Affidavit of Support Under Section 213A of the Act
I-485, Application to Register Permanent Residence or Adjust Status
I-751, Petition to Remove Conditions on Residence
I-824, Application for Action on an Approved Application or Petition
I-129F, Petition for Alien Fiance(e)
Family Based Forms

Other USCIS Links

Adjustment of Status
Adoption
Consular Processing

Filling Out Form I-130 for Adult Son or Daughter (Over 21) of U.

S. Permanent Resident

Preparing the initial I-130 visa petition required to bring a green card holder's adult child to the United States as a lawful permanent resident.

If you are a U.S. green card holder (permanent resident), you might be able to petition for your foreign-born children who are age 21 or older (referred to as "sons or daughters" by U.S. immigration law) to immigrate to the U.S. and receive lawful permanent residence (green cards).

(See I.N.A. § 203(a), 8 U.S.C. § 1153(a))

To start this process, you will need to prepare and submit a visa petition to U.S. Citizenship and Immigration Services (USCIS) on Form I-130, with supporting documents and a fee. If petitioning for more than one son or daughter, you'll need to fill out an I-130 for each of them. This article describes how to fill out and submit that form.

What an Approved I-130 Gets Your Foreign-Born Son or Daughter

Filing Form I-130 is only step one in a potentially years-long immigration process for a U. S. green card holder's son or daughter.

Upon I-130 approval by USCIS, such a person will be considered a "second preference relative," in category F2B of the family-based visa preference system. Preference relatives face annual quotas on the number of visas (green cards) given out, and thus might have to wait years after approval of their I-130 for a visa to become available (or their "priority date" to become current) and to continue with their immigrant visa or green card application.

(Compare this, for instance, with the spouse or unmarried child under 21 of a U.S. citizen, who is an "immediate relative" and not part of the family-based visa preference system, and can move forward with the rest of their immigration application with no waiting.)

Also realize that, if your son or daughter is living abroad, they will have to wait until the I-130 is approved and a visa becomes available before coming to live with you. Approval of the I-130 confers no rights to enter or live in the United States.

Who Qualifies as a "Son or Daughter?"

Sons or daughters for whom a U.S. green card holder can petition using USCIS Form I-130 include those who once met U.S. immigration law's definition of a "child," but who have since turned 21—but who remain unmarried.

The definition of "child" for purposes of a visa includes:

natural-born children born to married parents
natural-born children born to parents who are unmarried—though if the father is the one filing the petition, he will need to prove that he legitimated the child (often by marrying the mother) or established a bona fide parent-child relationship, and
stepchildren—so long as the child was 18 or under when the parents married, and the parents are still married.

What if you started the immigration process for your child before they turned 21, so that your child was in category "F2A," for children under 21—but your child turned 21 before getting the green card or immigrant visa?

There's good news and bad news. The bad news is that your son or daughter will go from F2A to F2B, and there is often a much longer wait for a permanent resident opening (immigrant visa or green card) in the F2B category than in the F2A category. The good news is that you don't have to start the process all over again. U.S. immigration authorities will automatically convert your son or daughter's category from F2A to F2B.

The better news—for some people—is that U.S. immigration law might pretend that your son or daughter is still under 21, and still in category F2A. You are allowed to subtract from your child's true age the number of days that the I-130 was awaiting a decision from USCIS, as described in How the CSPA Helps Family-Based Preference Relatives and Derivative Beneficiaries.

How Long Will Your Son or Daughter's Immigration Process Take?

How soon your son or daughter (married or over 21) will be able to immigrate to the U.S. after you submit the I-130 depends on how much demand there is in category F2B by people from their home country. Category F2B allows only around 26,000 people to become permanent residents each year worldwide, and there is also a limit on the number of new residents from each country. So, your adult son or daughter might have to wait many years before an immigrant visa or green card becomes available. Waits for people from Mexico and the Philippines tend to be several years longer than for other people, because of high demand.

Green cards are allotted based on the "priority date," or date that USCIS received the I-130 petition for your relative. You can up-to-date priority date information within the Visa Bulletin on the U.S. Department of State website.

Issues If the Son or Daughter Is Living in the U.S. Unlawfully

Living in the U.S. without authorization can lead to the person accruing "unlawful presence," and thus becoming inadmissible and possibly ineligible for a green card, as described in Consequences of Unlawful Presence in the U.S.—Three– and Ten-Year Time Bars and The Permanent Bar to Immigration for Certain Repeat Violators.

See an immigration attorney immediately if your son or daughter is living in the U.S. unlawfully (after an illegal entry or the expiration of a visa or other authorized stay). A waiver might be available from USCIS for your relative, which would legally excuse the unlawful presence. Having an approved I-130 alone, however, will not solve the problem of unlawful presence.

I-130 Form: Step-by-Step Instructions

This article discusses the version of the form dated 07/20/2021. Check the United States Citizenship and Immigration Services ("USCIS") website for the most up-to-date version. USCIS will not accept old versions.

General Instructions for Filling Out Form I-130

It's best to fill out the form on a computer. If you can't do that, write your answers using black ink.

If you can't fit an answer in the box or space provided, you will need to write or type it on the last page, in Part 9: Additional Information. Make sure to write the page number, part number, and item number that you are supplementing. If you run out of room in Part 9, you can attach an additional piece of paper to the end of the form. On every sheet of additional paper, indicate the item number that your answer refers to, and date and sign each sheet. (If you're filling in the form on a computer, you will notice that you can't type certain things in the boxes.)

Part 1: Relationship

Question 1: Check the fourth box, "Child."

Question 2: Check the box that best describes your relationship with your child and the circumstances of your child's birth.

Question 3: Leave blank.

Question 4: This asks whether you were adopted. Being adopted does not preclude you from sponsoring your own adult child.

Part 2. Information About You (Petitioner)

Part 2 asks for information about the petitioner—that is, you, the U.S. lawful permanent resident.

Question 1: You will find your Alien Registration Number (known as an A-Number) on your green card.

Question 2: If you have an online account with USCIS write it here, but such a number is not required.

Question 3: Enter your Social Security Number.

Questions 4-5: Enter your full name and others by which you've been known. You need not mention personal nicknames, but should include any first or last names that might have made it onto paperwork that you will, now or later, be submitting to the immigration decision-makers.

Questions 6-9: Self explanatory.

Question 10: Enter your mailing address. If you're living in the U.S., you need only indicate your state. Province, postal code, and country should be filled in only if you are living abroad. If you're not living in the U.S., you need to see a lawyer about your own immigration status, because you may have lost it, and your I-130 would not be approved.

Question 11: Mark whether your current address is the same as your physical address. If it's not, make sure to include your physical address in the next question.

Questions 12-15: Write your physical address history for the last five years, starting with your current physical address and going back chronologically. Include the dates that you resided at each address location.

Question 16: List how many times you have been married, including your current marriage. If you've never been married, put "0."

Question 17: This refers to your most recent marital status. For example, if you are currently married but previously divorced, simply check "married."

Question 18: Write the date of your current marriage; if you are not currently married, put N/A.

Question 19: "Place" of marriage means the city and state or country where you were married.

Questions 20-23: Add names of any current or prior husbands and wives. If currently married, list your current spouse first. For previous marriages, include the date the marriage ended. If your previous spouse died, the marriage ended on the date of death. If you got divorced, look for the date the judge signed the final divorce decree.

Questions 24-35: Information about your parents. For a parent who is no longer living, write "deceased" and the year of death in city/town/village of residence.

Question 36: Check the box for "lawful permanent resident."

Questions 37-39: As a green card holder, you do not answer these questions.

Questions 40-41: Permanent residents will find the date of admission and class of admission on their green card or immigrant visa. "Place of admission" is where you either entered the U.S. with your immigrant visa for the first time, or (if you adjusted status), the location of the USCIS office that approved your green card.

Questions 42-49: List your employment history for the last five years, starting with your current job or most recent job. If you are have no job, put "unemployed" in question 42 (or "student," if applicable).

Part 3: Biographic Information

Questions 1-6: Fill in your personal information. In Question 1, select only one box. In Question 2, select all applicable boxes.

Part 4: Information About Beneficiary

Part 4 asks for information about your foreign-born son or daughter, referred to as "the beneficiary."

Question 1: Your son or daughter would not have an Alien Registration Number unless they were previously in the U.S., and even then only if they had applied for some kind of immigration benefit while in the U.S. or was placed into removal (deportation) proceedings. See a lawyer to make sure this history doesn't affect your child's future immigration prospects.

Question 2: Your son or daughter would not have an online account number unless they already paid the USCIS immigrant fee, after someone else petitioned for them.

Question 3: Your son or daughter won't have a Social Security Number unless they have lived in the U.S. and had a work permit, a visa allowing work, or U.S. residence. If your child doesn't have a Social Security number, write "none" here.

Question 4: Provide your child's full, current name.

Question 5: You need not mention personal nicknames of your son or daughter, but should include any first or last names by which they've been commonly known, and which therefore might have made it onto paperwork that will, now or later, be submitted to U.S. immigration decision-makers.

Questions 6-9: Self explanatory.

Question 10: This question asks if anyone has ever filed a petition for your son or daughter (most likely also on Form I-130). Checking that someone else has filed for the petitioner (for example, a pending F4 sibling petition by a U.S. citizen sibling does not preclude you from filing this petition, which is in category F2B petition. More than one petition can be on file for someone at once. (See Can More Than One U.S. Family Member Petition for the Same Immigrant?.) Or you can check "unknown," if your son or daughter truly does not know whether someone has filed a petition for him or her.

Question 11: List your son or daughter's current address. If they live somewhere without a street number, enter as much identifying information as you can (such as district or neighborhood).

Question 12: Put the address in the U.S. where the beneficiary intends to live, if it's somewhere different than your address. If it's the address you already listed on Question 11, you can leave it blank.

Question 13: Answer only if your child is currently living in the United States. Leave blank if they are living in another country. If your child illegally entered the U.S., or overstayed a visa, consult an attorney immediately—the child is likely inadmissible to the U. S., which will make it impossible to get a green card anytime soon unless a narrow exception applies.

Questions 17-24: These relate to your child's marital history. Your child is not eligible for approval of this petition if currently married. However, if the child is divorced, you can still file the I-130 petition, and should put the name of your child's prior spouse and the date the marriage ended.

Questions 25-44: These ask about your son or daughter's current spouse and children. Your child should not have a current spouse. However, if they have children under the age of 21, the children may be included in this visa category as "derivative beneficiaries," so long as you do not become a U.S. citizen.

Question 45: It's important to state whether the child has been in the U.S., because certain types of negative immigration history affect eligibility for permanent residence (or indeed any other application for U.S. entry).

Question 46: Enter N/A if your child is living outside the United States. If living inside the U.S., state what visa status the child legally entered in. (For example, B-2 visitor or F-1 student.)

The "I-94" arrival/departure record number was created when your son or daughter entered the U.S. or changed status within the United States. If your son or daughter doesn't have a little white I-94 card stapled into their passport (the U.S. government stopped doing this in May 2013 for people arriving by plane or ship), or attached to an approval notice when they changed status, you can search for the I-94 number online. (Some persons, such as Canadian tourists driving across the border, do not have I-94s created for them.) The date your son's or daughter's authorized stay expired or will expire is shown on the I-94 (or I-95 if they entered on a crewmember's visa). Write "D/S"—for "duration of status"—if your son or daughter was admitted on a student visa or exchange visitor visa with no specific end date.

Questions 47-50: These deal with your son or daughter's passport or travel document. Most beneficiaries have a passport. However, some, such as refugee or asylees, do not have passports, and can be issued travel documents by the Department of State instead.

Questions 51-52: List where your son or daughter currently works. If currently unemployed, enter "unemployed" on Question 51a, or "student," if applicable.

Questions 53-56: If your son or daughter is or has been in immigration court (removal or deportation) proceedings in the U.S., be sure to contact an attorney before filing Form I-130.

Questions 57-58: If your son's or daughter's native language uses a non-Roman script (for example, Russian, Chinese, or Arabic), write the name and address in that script.

Questions 59-60: Leave blank, because you are not filing for your spouse.

Question 61: Answer this only if your son or daughter is already living in the U. S. and plans to apply for adjustment of status. See a lawyer if you're unsure whether your son or daughter qualifies to use this application procedure—it's unlikely, unless they have a long-term, valid visa. As a backup, you will need to answer Question 62. If your son or daughter will not be adjusting status, put "N/A" and skip to Question 62.

Question 62: If your son or daughter will apply for a visa abroad, list the U.S. consulate nearest to where they currently live. If you don't know or can't decide, don't worry—write the capital of the home country, and USCIS will figure out which consulate the case will be sent to. If the country listed doesn't have diplomatic relations with the U.S., USCIS will locate one in a nearby country to handle the case.

Part 5: Other Information

This has more questions for you, the petitioner.

Questions 1-5: These are meant to uncover the U.S. petitioner's history (if any) of petitioning other immigrants to come to the U. S., just in case you've shown any patterns of suspicious use of the immigration laws. For place of filing, use the city and state you were living in when you filed the petition. The "result" is whether your petition was approved or denied (not whether the green card or visa application was eventually approved or denied).

Questions 6-9: These refer to other I-130 petitions you are filing at the same time as the one for your son or daughter (for example, a petition for your spouse, or another son or daughter), so that USCIS can process everyone together. (Their applications could be separated later, however, based on different priorities within the visa preference system.)

Part 6: Petitioner's Statement, Contact Information, Declaration, and Signature

These are aimed at finding out whether you understand English and therefore the contents of the petition you prepared, as well as whether you had help preparing it. Don't forget to sign your name in Question 6.

Part 7: Interpreter's Contact Information, Declaration, and Signature

If assisted by an interpreter, that person must sign under Part 7, filling in the needed information.

Part 8: Contact Information, Declaration, and Signature of the Person Preparing this Petition, If Other Than the Petitioner

For your protection, it is best to have an attorney or accredited representative prepare your forms for you. If assisted by an attorney, they will sign under Part 8, filling in the needed information.

Required Documents for Submission With I-130

You will need to gather copies (not originals) of the following documents along with the signed forms and filing fees:

Proof of U.S. permanent residence. This will require a copy of your green card (front and back) or your passport stamped with an I-551 (temporary proof of lawful permanent residence status sometimes given in advance of the actual green card).
Proof of your parent-child relationship: In most cases of blood-related children, all you need to provide is a copy of the child's birth certificates listing you as the parent; and if you're the father, a copy of your marriage certificate showing your relationship to the child's mother. For a stepchild, you must also provide certificates showing your and your spouse's various marriages' termination and formation. For a child born out of wedlock, if you're the father, you will need to submit proof of legitimation or a bona fide parent-child relationship. For more information, see How to Prove a Parent-Child Relationship for Citizenship or Immigration Purposes. And be sure to provide English-language translations if need be.
Child's passport: Include a copy of your child's passport or travel document, even if it will most likely expire before the priority date is current.
Fees. The fee for an I-130 petition is currently $535 (2023 figure). However, it's always wise to double-check the I-130 page of the USCIS website or call USCIS at 800-375-5283 for the latest amount, especially since USCIS proposed a fee hike in early 2023.) You can pay by check, money order, or by filling out and submitting Form G-1450, Authorization for Credit Card Transactions.

Where to File the Form I-130 Petition

After you, the U.S. petitioner, have prepared and assembled all the forms and other items listed above, make a photocopy for your personal records. You then have a choice: You can either file online or mail the whole petition packet to the USCIS "lockbox" indicated on the USCIS I-130 filing addresses page.

The lockbox will process the fee payment, then forward the petition to a USCIS Service Center for further handling.

What Happens After Filing the I-130

Soon after filing the petition, you should get a receipt notice from USCIS. This will tell you to check the USCIS website for information on how long the application is likely to remain in processing. Look for the receipt number in the upper left-hand corner, which you will need in order to check the status of the case. There, you can also sign up for automatic email updates about the case. You can check the status of your case online as well.

If USCIS needs additional documentation to complete the application, it will send you a letter (called a Request for Evidence or RFE) asking for it. Eventually USCIS will send an approval or a denial of the I-130 petition. This could take a long time, but don't worry—it will not affect the speed of your son or daughter's case. The "priority date" establishing your son or daughter's place on the waiting list for a visa has already been set, as of the date USCIS received the I-130 petition.

If USCIS denies the petition, it will send a denial notice stating why. Your best bet is most likely to start over and refile (rather than attempting an appeal), and fix the reason USCIS gave for denial. But don't just refile it if you don't understand why the first one got denied—get an attorney's help.

If USCIS approves the application, it will send you a notice and then forward the case to the National Visa Center (NVC) for further processing. Your son or daughter can expect to later receive communications from the NVC and/or consulate, telling him or her when it's time to apply for the visa and go for the interview. See Consular Processing Procedures for more information.

You might think that you could speed up your son or daughter's case by becoming a U.S. citizen (in which case they would automatically move to the F1, family first preference category), but adult sons and daughters of U.S. citizens often end up waiting longer than sons and daughters of permanent residents! If you do become a citizen after your I-130 is filed, and this will be less beneficial for your son or daughter based on his or her priority date, you can ask USCIS to keep your son or daughter in the F2B category.

Next Steps After Priority Date Becomes Current

If your immigrating son or daughter is living in the U. S. and is eligible to adjust status here, the next step (when USCIS is ready to accept the application—see the USCIS web page on this subject to learn how to find out when) is to file an I-485 application for adjustment of status. Your son or daughter, and perhaps you as well, may be called in for an interview at a USCIS office. See Adjustment of Status Procedures for more information.

Green Card Based on Approved Petition

Are you a close relative or other family member of a US citizen or legal permanent resident who is eligible and would like to obtain a green card to permanently reside in the US? Did your immediate family member or other eligible family member file Form I-130, Petition for Foreign Relative on your behalf? If Form I-130 has been approved, you are eligible for a green card.

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The waiting time for a green card application to be processed depends on the basis for approval of Form I-130. If Form I-130 is approved based on the following relationships, the waiting time will be the shortest (only the time for your application to be processed), since there is no annual limit on the number of green cards issued based on close relationship:

spouse of a US citizen
minor child (under 21) of a US citizen, unmarried
parent of a US citizen (US citizen age 21 or older)

Conversely, if Form I- 130 has been approved based on the following relationship, not included in the concept of "close relatives" under the law, the wait will take longer. Why? Because for the following categories of persons there are annual quotas for obtaining green cards issued on the basis of close relationship. Moreover, there are additional country/citizenship quotas that may delay the receipt of a green card by these categories of persons, since no more than 7 percent of the total number of visas (about 25,600) can be issued to citizens of any one country.

F1: Adult unmarried child (over 21) of a US citizen and their minor children (if any)
F2: Spouse, minor child, or adult child (over 21) who is not
F3: Married child of a US citizen (with spouse and minor children)
F4: Brother or sister of a US citizen (age 21 or older)

(siblings have the right to stay with their spouse and minor children) Most likely, the second category of persons will wait for a decision on the case over a longer period of time due to the quota and lack of a visa. Thus, although not always, most applicants in the second category will have to go to the US consulate in the country of citizenship to obtain a green card. If you are in the Immediate Relatives category and are in the United States, you will need to go through a process called "change of status" to get a green card. If you are in the "close relatives" category, but are outside the United States, you will need to contact the US consulate to obtain a green card. Unfortunately, Zontlaw does not currently deal with issues of contacting the consulate. However, if you are located in the United States of America and your Form I-130 has been approved, we will be happy to assist you in obtaining a green card through the process below. You are eligible to change status for a green card from the United States if 1) if you have been approved for Form I-130 on the basis of a petition under the Immediate Relative category and you are currently in the United States; 2) if you are in the United States on a long-term nonimmigrant visa (for example, an H-1B visa) and want to change status based on an approved Form I-130 (family reunification). If you are in the second group we have just described, we recommend that you consult with an experienced immigration attorney before beginning the status change process (see below). If you are currently in the US with an approved Form I-130, consider whether you entered the US legally or under conditional status of residence (whether you spoke to any officer at the checkpoint). If so, then you are eligible for a green card by changing status using Form I-485. However, your application to change status to permanent resident status/Green Card involves more than preparing and filing Form I-485. In addition to this form, you will also need to submit or consider submitting (in the case of optional forms) the following documents:

Form I-864, Evidence of financial support. This mandatory form is used to certify that you have the financial support needed to live in the United States as a permanent resident.
Form I-693 , medical examination certificate and immunization card. This form is required in order to ensure that there is no non-compliance with the requirements for health reasons, which may prevent obtaining permanent resident status.
Form I-765 Work Permit Application. This form is not mandatory, but in case of retirement, you can submit it for further employment.
Form I-131 Travel Document Application. This form is also optional, but you may submit it with your change of status application in order to be able to leave and enter the United States freely.

All of the above forms are official USCIS forms that you need to file or consider filing (in the case of optional forms). In addition to these forms, you will need to submit additional supporting documentation and pay U.S. Citizenship and Immigration Services registration fees. Two or three weeks after the submission of the above documents and the required supporting documentation, if everything was prepared properly and without errors, you will receive a notification from the US Citizenship and Immigration Services that your I-79 application has been received.7C. The notification serves as an official confirmation of the consideration of the application for a change in status. 3-5 weeks after your application is submitted, you will receive another notification from the USCIS with the date and time that your fingerprints and other biometrics were taken to begin the criminal record verification process required for status adjustment applicants. *If you have a criminal record, we recommend that you consult with a qualified attorney and discuss the next steps before applying to change status. Within 3-5 months of applying, you should receive an Employment Authorization Document (in case of pre-filing Subsidiary Form I-765) which will contain a Re-Entry Permit (if pre-filing Subsidiary I-131). It is important to note that once you have obtained a re-entry permit, you will not be able to leave or enter the United States at any time you wish. As a permanent resident applicant, you must comply with the time limit for being outside the United States, as well as other requirements. If you need to be outside the United States, or if you have any questions about the above information, contact an immigration attorney. The next step is to pass the interview. This is a normal part of the status change process, but in any particular case, the possibility of canceling the interview cannot be ruled out. Notification of the need for an interview is sent 4-10 months after the application is submitted. Interview Notice Form 797 (action notice). The interview is usually held 6-12 months after the status change application is submitted. Before the interview, prepare your answers to the questions, and do not forget to take with you a copy of the application for change of status, original documents (birth certificate, marriage certificate) provided to the US Citizenship and Immigration Services, passport with a nonimmigrant visa, as well as all correspondence, received by the US Citizenship and Immigration Services (document confirming the right to work in the United States legally). Sometimes a positive decision is reported at the end of the interview; in this case, you receive a green card by mail. In other cases, an additional letter must be expected; You also receive a green card by mail. In case of a negative decision, you will also be notified by mail about the reasons for the refusal of the application for a change in status. Thus, if you are lucky, taking into account the above terms, you should receive permanent resident status after 8-14 months after application. It is important to note that the process of obtaining a green card can be quite complicated. An experienced immigration attorney can help you fill out the forms as well as go through all of the steps above. If you are ready to begin the process of changing status based on an approved Form I-130, click on one of the buttons below!

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ATTORNEY'S CHECK FORMS

Check your visa eligibility, register, start filling in the required forms, sign the agreement and make payment when ready.

Our innovative online system allows you to answer a few simple questions

to determine the type of visa/immigration benefit you are eligible for. Our system also allows you to register for free on the online user portal; registration takes place in relation to the visa to which you are entitled. Our software will automatically allow you to start working on your case by completing simple online forms (USCIS official forms). If you like our system and want to use our Attorney Verification service, you will be required to sign a representation agreement and make the first payment. “What are the legal services we provide.”*

Get an initial consultation with a lawyer and let him get to work.

The lawyer will contact you for a consultation according to a predetermined date and

time. It checks the eligibility of the visa you have selected through the software and makes sure it is the best option for you. The lawyer analyzes your immigration case step by step, and also provides all the necessary relevant legal assistance. Answering your questions and requesting any documents or information you need to provide (such as a birth certificate) are also essential parts of the consultation. If you have not yet entered into an attorney agreement with Zontlaw, your attorney will send you a quotation after the consultation (minus the $150 consultation fee). In order for us to start representing you, you must sign the above agreement. After we receive the first payment, your lawyer will move on to the next step. If you have already entered into an attorney agreement with Zontlaw, you will be required to make the first payment if you have not already done so (payment after the $150 minimum). After that, your lawyer will automatically proceed to the next step. Please visit the page “What are our legal services”*

Complete the required forms and submit them to USCIS after reviewing all forms by an attorney.

Through our innovative software system, continue filling out

the forms you need and any supporting documentation. Upon completion, all forms are checked by an attorney for accuracy, completeness, compliance with the standards and algorithms of the US Citizenship and Immigration Services; all possible grounds for refusal are also analyzed. If there are problems with the application, your attorney will advise on the best course of action, after which you will make the necessary and/or recommended changes. After making the appropriate changes, you print the petition, sign it in the appropriate places and send it to the US Citizenship and Immigration Services in the envelope provided by us (paid, with the address indicated). Further, you only need to respond to subsequent correspondence or inquiries from USCIS (if any). Please visit the page “What are our legal services”*

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LAWYER REPRESENTATION

Check if you qualify for a visa, register, sign an agreement (or book a consultation first).

Start by taking one of our online surveys.

If everything goes well, our software will tentatively determine the type of visa that suits you.* Now you can register, create a profile and request a related quotation for free. Next, you sign an agreement in electronic form with the assigned cost of services (with certain reservations). If you wish, you can request and pay for a consultation before signing the agreement. If you want to use our legal services and sign the agreement immediately, after making the first payment through our secure online system, you can still book a consultation. In order to comply with ethical standards and for the most effective service, the Full Representation by Attorney service always begins with a consultation. Please visit our page “What are our legal services”*

Order and receive an introductory consultation with a lawyer.

After making the minimum payment, you can order an introductory consultation with a lawyer

The lawyer will contact you in the manner and time you have chosen. During the consultation, the lawyer will make sure that the visa you have chosen through our software is possible to obtain, and that this visa is the best option for you. The lawyer will then instruct you on how to properly complete the required immigration forms, as well as inform you about the required or recommended supporting documentation. You can also contact a lawyer if you have questions about your process and petition. Please visit our page “What are our legal services”*

The lawyer draws up a package of documents, you put your signatures in the right places, the lawyer submits it to the US Citizenship and Immigration Services.

The attorney prepares all forms required to be submitted to USCIS

and all supporting materials to which the attorney has access. In the case of supporting documentation that only you as a client have access to (for example, documentation for a former employer), the lawyer will tell you exactly what to do, as well as provide samples to obtain the correct documentation. Upon completion, the attorney will process your case into a professional legal petition with a cover letter and table of contents that will meet the requirements of USCIS and/or other immigration authorities. The lawyer checks everything again and through our reliable online system sends you a package of documents for further printing and signature. You will then return the printed and signed application to us in the envelope provided by us. The attorney verifies the signatures in the correct places and sends the petition to the USCIS, data center, or other authority. USCIS or other immigration authorities may request additional documents/clarifications regarding your application. Your attorney will handle all such requests, contacting you first if necessary. Please visit our page “What are our legal services”*

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LAW OFFICE ZONLAW JULIA GREENBERG

Julia Greenberg is an experienced immigration attorney with over 11 years of experience. Her law office is in Manhattan and is just a few steps from USCIS headquarters in New York, where Ms. Greenberg spends most of her time representing immigrants in complex immigration cases.

Since 2006, Ms. Greenberg has represented countless clients from individuals to corporations. She is an expert in all areas of immigration law, including deportation, asylum, family immigration, business and investment petitions, employment-based immigration. Ms. Greenberg takes pride in helping immigrants who have not been able to get positive results with other immigration attorneys.

Her honesty and compassion for her clients combined with her experience and extensive knowledge of immigration law make her a huge force in court, building a long list of satisfied clients and positive referrals.

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Form I-130 | Petition for relatives of foreigners

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➤ Form I-130 | Petition for relatives of foreigners

You can use Form I-130 if you want a relative (usually a spouse or child) to move to the United States. You can file this form as a permanent resident (green card holder) or as a US citizen. It goes without saying that if you are a US citizen, the chances of getting your petition will be higher.

Form I-130: Instruction

USCIS provides many guidelines on how you should complete Form I-130 and what documents you may need. Take a look at a few basic guidelines.

Follow these general tips on how to complete the USCIS application forms:

Use black ink, print in black, provide all required information (complete all sections of the petition), sign Form I-130, and never correct the form.

If you correct errors in the petition, USCIS may reject the application. Therefore, it is better to fill out another sample petition if you made a mistake at some point.

Check if you are eligible to file Form I-130 Petition for Alien Relative. You can read detailed instructions on Form I-130.
Gather documentation to support your application for an alien relative. You may not need to mail these documents to USCIS, but it is best to have these documents on hand in case USCIS needs more information from you.

You may be required to provide evidence such as a marriage or birth certificate, depending on the reason for your application. If you need more information about which certification you may need, you should consult with your attorney.

Form I-130 must be filed separately for each relative.

Of course you have to pay for each petition you file separately as well (and you can't pay $1070 for two separate petitions). You can mail multiple petitions in one package, but make sure each petition is in its own envelope or file and is completely separate from other petitions and has the proper paperwork. Make sure USCIS does not mix documents or mix petitions.

Do not confuse Form I-130 (“Application for Naturalization”) with Form I-90 (“Application to Replace Permanent Resident Card”).

If you have lived in the US as a permanent resident for 5 years, you can apply for naturalization (Form I-130), but you can also wait until your green card expires and file Form I-90 to renew your permanent resident status.

Form I-130: Price

The Form I-130 filing fee is $535. However, you should check the fee before you actually pay it, as USCIS can change it at any time. Remember that you must pay the exact amount (you cannot pay more or less than $535).

USCIS also advises that Form I-130 applicants may pay the fee by money order, personal check, or cashier's check. Please note that if you choose to pay by check, you must ensure that the check is payable by the US Department of Homeland Security. If you provide a check payable to DHS, USCIS will not refund the money, and your application for an alien relative may even be denied.

Form I-130 Processing Time

As with any processing of any application form, USCIS cannot specify when a Form I-130 application will be processed. Usually, USCIS processes a petition for a relative of a foreigner for up to six months.

During processing, USCIS may also schedule an appointment to collect your biometric data. Then, if your petition is approved, your relative (spouse, parent or child) must also obtain a visa. This procedure can take up to 6 months.

In general, it can take up to a year for your family member to approve Form I-130 and obtain a visa. Keep in mind that even if USCIS approves the petition, this does not mean that your relative will automatically receive a green card.

Where to send Form I-130

You can file a Petition for Alien Relative by mail to a specific USCIS mailbox, depending on the state in which you live. For correct USCIS mailing addresses, refer to the "Where to Store" section on the Form I-130 page.

If you live outside of the United States of America, where USCIS has an international office, you can file with USCIS Chicago Lockbox. If you are a US citizen aged 21 or older and are applying for a spouse, unmarried child under 21, or a parent, you may also apply to the USCIS International Office in the country in which you reside.

If you are a US citizen and reside outside the US where USCIS does not have an international presence, you can apply for uastiva in the Immediate Family Program at the US embassy or consulate that has jurisdiction in the territory in which you reside.

Form I-130 PDF

A free copy of the Form I-130 petition is available on our website. Download it, complete it, and submit it to USCIS.

Download Form I-130 Petition for Alien Relatives Download instructions Form I-130 | Petition for relatives of foreigners

Last Updated 03/09/23 04:15:17AM

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All Pages Form I-130 | Petition for relatives of foreigners

2 voices

Olha

Thursday, Jul. 11, 2019

Good day. Do you need to send any supporting documents along with the form?

Reply Olha

usa-immigrations

Friday, Jul. 12, 2019

Hello. Yes, you may need supporting documents, they need to be prepared in advance. But depending on the situation, they can not be sent immediately, but only after the request. You can contact us for more detailed advice

Reply usa-immigrations