Lawyer’s Guide to Form I‑130: Petition for Alien Relative

Form I-130, also known as Petition for Alien Relative, allows a U.S. citizen or lawful permanent resident of the United States to sponsor a close relative who wants to immigrate to the U.S. It’s the first step for many U.S. citizens and lawful permanent residents who wish to sponsor a family member for a Permanent Resident Card (also known as a “Green Card”). Whether you’re helping a client reunite with their spouse, parent, or child, getting the I-130 right can significantly impact their immigration timeline and overall success. While the form itself may seem straightforward, knowing what to include—and how to present it—can make all the difference.

In this guide, you’ll find a detailed breakdown of what you need from your client, step-by-step instructions for completing Form I-130, and answers to common questions that arise along the way.

Find the form here: Form I-130 – Petition for Alien Relative

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What is Form I-130?

Form I-130, or Petition for Alien Relative, is a U.S. Citizenship and Immigration Services (abbreviated USCIS) document that American citizens or lawful permanent residents use to sponsor the immigration of a close family member. It’s completed by the U.S. resident (called “the petitioner”) on behalf of the relative who wants to become a permanent resident (called “the beneficiary”). 

The Petition for Alien Relative form is not the same as a Green Card application, though. It’s just the first step in the lengthy road to a Green Card for potential immigrants who have spouses, children, or parents lawfully in the U.S. 

Immigration lawyers use Form I-130 to begin the Green Card process by proving that the relationship between the petitioner and the beneficiary is not the result of immigration benefit fraud or abuse. For example, an immigrant who marries a U.S. citizen solely for the purpose of obtaining permanent residency — colloquially called a “Green Card marriage” — is committing immigration fraud. The U.S. government is vigilant against this type of fraud, so part of your work will be establishing that the relationship in question is authentic. 

Who can file Petition for Alien Relative form?

Only U.S. citizens, lawful permanent residents, or (in more limited circumstances) U.S. nationals who have close family members who want to become permanent residents can file Form I-130. Most often, spouses and children are the beneficiaries listed on Form I-130. 

Overview of the application process

Here’s a high-level overview of the steps you’ll complete to file an I-130:

• Complete Form I-130
• Pay the General Filing Fee
• File Form I-130 by mail (paper) or online via the USCIS website
• If the beneficiary is a spouse of an American resident, you must also complete Form I-130A, Supplemental Information for Spouse Beneficiary, and submit with Form I-130
• USCIS may request additional documents or an interview with the petitioner before they make a decision
• You’ll be notified in writing of the decision 

Once the I-130 is approved, the beneficiary can apply for a Green Card using Form I-485.

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Eligibility requirements for Form I-130 

Before completing Form I-130, determine whether the petitioner is eligible to sponsor their relative. 

Here are the qualifying relationships for petitioners and beneficiaries:

U.S. citizens can sponsor:

• A spouse
• Unmarried children under 21 years of age 
• Married children of any age 
• Brothers or sisters (if the petitioner is 21 years of age or older)
• Mothers or fathers (if the petitioner is 21 years of age or older)

Lawful permanent residents and U.S. nationals can sponsor:

• A spouse 
• Unmarried children

All petitioners need to submit a separate Form I-130 for each person they would like to sponsor. 

Step-by-step guide to completing Form I-130

Before you begin, gather detailed information about the petitioner and the beneficiary, including their current and past spouses, address history, and employment history. 

Preliminary steps to further support your client’s case

Collecting a few documents and testimonies beforehand will greatly reduce headaches and help the beneficiary successfully obtain a Green Card. This pre-work helps you establish two important truths on Form I-130:

1. The prospective immigrant has an authentic and qualifying relationship with a lawful U.S. resident
2. The lawful U.S. resident sponsor is willing to financially support the prospective immigrant if they move to the U.S. 

As we noted above, one purpose of Form I-130 is to identify immigration fraud. This is particularly true for immigrants who marry American citizens or lawful permanent residents, then seek a Green Card. 

Before you begin to fill out the form, interview your client and their spouse to determine how you will prove their marriage is authentic. USCIS recommends providing documents that show their marriage and cohabitation, like leasing records and joint financial statements, and sworn affidavits that their marriage is not fraudulent from people who are close to the couple. Taking the time to gather these materials will make completing the form much easier and present a stronger case for your client.

Follow these steps when completing Form I-130:

• Enter your State Bar number and your USCIS online account number, if you have one. 
• Part 1: The petitioner’s relationship to the beneficiary. (Remember, the petitioner is the U.S. citizen or lawful permanent resident and the beneficiary is the person immigrating.) Check the correct boxes to establish the relationship.
• Parts 2-3: Information about the petitioner. You’ll need the petitioner’s:
  • Social Security number, Alien Registration number, or USCIS online account number
  • Citizenship status, including naturalization or citizenship certificate numbers
  • Full name and date of birth
  • Address history dating five years
  • Marital information, including number of marriages and spouse’s full names
  • Parents’ full names and dates of birth
  • Employment history dating five years
  • Ethnicity, race, height, weight, eye color, and hair color

• Part 4: Information about the beneficiary. You’ll need the following:
  • Full name and date of birth
  • Current address 
  • Where they plan to live in the U.S.
  • Family details, including number of marriages, spouse(s), and any children
  • Entry information, including visits to the U.S., passport number, and I-94 info, if relevant
  • Current job details
  • Prior immigration attempts, if applicable 
• Part 5: Complete this section if your client has filed a previous I-130 and/or if you will also be filing the Form I-130 for other family members
• Part 6: The petitioner’s statement of truth, contact information, and signature
• Part 7: Complete only if you used an interpreter for your client
• Part 8: You will complete this section as the preparer of the form
• Part 9: If you need extra space to list family members, addresses, or previous jobs, use this page. You can also make copies of Part 9 for even more space. 

Don’t forget to sign this form! The government will reject any form that is not signed by the petitioner, the attorney preparing the application, and the interpreter, if one was used.

Additional documents to submit with Form I-130

If the beneficiary (i.e, the person who is being sponsored) is the spouse of the petitioner, complete and file Form I-130A, which is a supplemental information sheet. 

Documents to prove citizenship and family relationships:

Your client will be required to provide documentation that the petitioner is a lawful U.S. resident and that they are related to the beneficiary. 

U.S. Citizens: Include a copy of the birth certificate; naturalization certificate; certificate of citizenship; Form FS-240, Consular Report of Birth Abroad; unexpired U.S. passport; or an original statement from a U.S. consular officer.

Permanent Residents: Submit a copy of the Permanent Resident Card (Form I-551). If the petitioner doesn’t have this yet, they can submit a copy of their passport biographic page and the passport page showing lawful permanent resident admission. 

To prove marriage, there are two sets of documents to include:

1. A copy of the marriage certificate and proof that any previous marriages were legally terminated, if applicable. Your client will also need to provide two identical, color, passport-style photos of the petitioner and the beneficiary taken within 30 days of filing the Form I-130. 
2. Submit documentation of at least one of the following items to prove the couple is not engaging in immigration fraud. Strengthen your client’s case with multiple proof points, including:

• Joint ownership of property
• A lease that shows the couple lives together
• Combined finances
• Birth certificates of children born to the couple together
• Sworn affidavits by third parties with personal knowledge of the marriage 

To prove the beneficiary’s relationship (e.g., child, sibling, or parent), submit copies of birth certificates that show these relationships. 

If any of these documents are not available, copies of official documents from religious authorities, schools, or census forms may substitute. 

Filing Process for Form I-130

Immigration lawyers can https://www.uscis.gov/i-130. The filing fee depends on the method: $675 to file by mail or $625 to file online. 

Note: Fees are subject to change—check the USCIS Fee Schedule for current filing fees. 

How to file multiple I-130 petitions

You might need to submit multiple I-130 forms on behalf of your client. In immigration law, everyone is treated as a separate matter, so every family member who wants to apply for a Green Card will require a separate Form I-130. 

To file multiple Petition for Alien Relative applications, you will simply repeat the steps above for each person. Each person will be issued an individual USCIS account number and their cases will be handled individually. 

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Processing times and next steps

Processing times for Form I-130 vary widely depending on whether the petitioner is a U.S. citizen or permanent resident, the family relationship, and the field office processing the form. 

Since this information is individual, USCIS recommends that immigration lawyers check their case processing times on their website. 

Once Form I-130 is processed, USCIS may ask your client for additional documentation or to schedule an interview. During the interview, the petitioner may be asked to provide biometric data, like fingerprints, to confirm their identity. Then, USCIS will notify you in writing whether the Petition is approved.

Common challenges when guiding clients through the I-130 application

A few do’s and don’ts to keep your client’s case on track and moving through the immigration process:

• Do gather as much information as you can: Be sure you have full, legal names, dates of birth, and contact information for all relevant parties before you start completing Form I-130. 
• Do go above and beyond to prove a bona fide marriage: USCIS is on high alert for fraudulent marriages, so if your clients are married, take this extra step very seriously. Gather documents and ask your client’s friends, neighbors, employers, or other third parties to provide sworn affidavits that they know they’re a real couple.
• Do not leave any section that applies to your client blank. It’s better to wait for the information than to file an incomplete Form I-130. 
• Do double-check spellings, dates, ZIP codes, and other information that is easily misspelled or written incorrectly. 
• Do help your clients stay informed and encouraged during the process. For most people, the Green Card process can be time-consuming and involve many steps. Give updates when possible and let your clients know that it may take time to hear back from the government.  

Conclusion

The I-130 is one of the most important documents in immigration law. It sets the stage for your clients to be reunited with family members, fight deportation, or begin a new life in the U.S.

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Categorized in: U.S. Legal Forms