The most common way that people obtain permanent residency is through the sponsorship of a close relative who is already a United States citizen or legal permanent resident.  U.S. citizens may sponsor their spouse, parents, unmarried children of any age, married children under 21, or their brothers or sisters.  Legal permanent residents can only sponsor a spouse or unmarried children. 

Due to the immense availability and popularity of this program, there is an extremely long waiting list of applicants.  Priorities are given to American citizens and to close relatives. In some cases, a relative may come to the U.S. but have to wait for several years before his or her visa is approved. In order to work, you must obtain your green card, which can also can take many months or years to process.

What is an INS Form I-130? 

An I-130 is the form used to apply for permanent residence based on a family relationship with a U.S. citizen or lawful permanent resident.  The U.S. citizen or lawful permanent resident is the “petitioner” and files the application.  The relative for whom the application is being filed  is the “beneficiary.”

What are the requirements for a family-based permanent residence petition using Form I-130?

A U.S. Citizen, over 21 years of age, may file an I-130 for his or her spouse, child, parent and/or sibling.

A U.S. lawful permanent resident, over 21, may file an I-130 petition only for a spouse and/or unmarried child.

Tip: When a U.S. citizen files an I-130 to sponsor a husband, wife, child under 21 years old, or parent who is currently legally in the U.S., a form I-485 application for permanent residence should be filed at the same time because the beneficiary is immediately eligible for permanent residence. If the beneficiary is the spouse, unmarried minor, or parent of a U.S. citizen, the petition may be granted even if the beneficiary is in the U.S. out of status. 

I-130 applications for beneficiaries seeking permanent resident status who are not already in the U.S. involve a two-part process: First, the petitioner files an I-130 and obtains approval. The date this application is filed becomes its “priority date”. Applications are processed in order of their priority date. This holds the beneficiaries place in line, so to speak. Because of the severe baklog of applications, it may take years before the INS gets to the application. When they do, it becomes “current”. When a priority date for the I-130 petition is current, the second step may occur. The petitioner files an I-485 application for adjustment of status. If the priority date for the I-130 application is current and you and the beneficiary is in the U.S., status can be adjusted to permanenet residence by filing Form I-485.

Are dependents of a beneficiary eligible for permanent residence?

When a U.S. citizen files an I-130 application for a husband/wife, child under 21 years old or parent, dependents are NOT eligible for permanent residence.  An Individual I-130 petition must be filed for each dependent relative. 

When a U.S. citizen files an I-130 application for an unmarried minor child, married son or daughter; or a sibling beneficiary, or when a U.S. lawful permanent resident files any I-130 petition, all of the beneficiary’s children under 21 years old and as well as the beneficiaries spouse are entitled to permanent residence when the priority date of the approved I-130 petition becomes current. 

If the priority date for the I-130 application is current awhile the beneficiary and dependents are already in the U.S., they may adjust their status to permanent residence by filing Form I-485.

How long is this visa valid?

The I-130 results in a permanent residence visa or Green Card.  It is valid indefinitely.