Form I-130 Petition for Alien Relative 2026: Complete Guide to Family Immigration

Form I-130 (Petition for Alien Relative) is filed by US citizens and lawful permanent residents to establish a qualifying family relationship with a foreign national relative who wants to immigrate to the United States. It is the mandatory first step in nearly all family-based green card processes. According to USCIS data, USCIS received over 700,000 Form I-130 petitions in FY2024, making it the most-filed immigration petition in the country.

Filing Form I-130 does not directly grant a green card — it establishes your eligibility and your place in line. The path from I-130 filing to green card can take as little as 12 months for immediate relatives of US citizens, or decades for certain preference categories from high-demand countries. This guide explains exactly who can file, what documents are needed, current processing times, and what happens after USCIS approves your petition.

Who Can File Form I-130? Petitioner Eligibility

Only US citizens (USCs) and lawful permanent residents (LPRs, green card holders) can file Form I-130. The categories of relatives you can petition for differ based on your status:

US Citizens Can Petition For:

• همسر — married to a US citizen (immediate relative, no cap)
• Unmarried children under 21 — biological, adopted, or stepchildren (immediate relative)
• والدین — mother, father, stepparent, or adoptive parent (immediate relative, petitioner must be 21+)
• Unmarried sons/daughters 21 and older — F1 preference category
• Married sons/daughters — F3 preference category
• Siblings — F4 preference category (petitioner and sibling share at least one parent; petitioner must be 21+)

LPRs Can Petition For:

• همسر — F2A preference category
• Unmarried children under 21 — F2A preference category
• Unmarried sons/daughters 21 and older — F2B preference category

LPRs cannot petition for parents, married children, or siblings. Only US citizens can do that. If you are an LPR and want to petition for more relatives, you would first need to become a citizen. See our Naturalization guide to understand the naturalization process.

Immediate Relatives vs. Preference Categories

This distinction is critical because it determines how long the process takes:

Documents Required for Form I-130

The required documents vary based on the relationship you are petitioning. Here is a complete checklist:

Required for All I-130 Petitions

• Completed Form I-130 (signed by petitioner)
• Filing fee: $675 (payable to US Department of Homeland Security)
• Evidence of petitioner’s US citizenship or LPR status (copy of US passport, birth certificate, naturalization certificate, or green card)
• Copy of beneficiary’s passport biographical page
• Two passport-style photos of the beneficiary (for consular cases)

Additional Documents for Spousal Petitions

• Original marriage certificate with certified English translation
• Evidence of bona fide marriage (joint bank statements, lease, photos, affidavits)
• Proof that any prior marriages ended (divorce decree, death certificate)
• Form I-130A if the beneficiary is abroad and is also filing simultaneously

Additional Documents for Child Petitions

• Child’s birth certificate showing parent’s name
• Marriage certificate if petitioning through stepparent relationship
• Adoption decree if child was adopted

Additional Documents for Parent Petitions

• Petitioner’s birth certificate showing parent’s name
• Marriage certificate (if petitioning for stepparent)
• Proof petitioner is 21 or older

Additional Documents for Sibling Petitions

• Petitioner’s birth certificate
• Sibling’s birth certificate (both showing shared parent(s))
• Evidence of shared parentage (marriage certificate if through same mother/father)

Form I-130 Processing Times in 2026

According to USCIS processing time data, Form I-130 processing varies widely by category and service center in 2026:

Check current processing times at uscis.gov/processing-times. For a comprehensive look at all USCIS processing times across forms, see our USCIS Processing Times 2026 guide.

What Happens After I-130 Approval

I-130 approval is not the end of the process — it is the beginning. What happens next depends on whether you are an immediate relative or in a preference category, and whether the beneficiary is inside or outside the United States.

If the Beneficiary Is Inside the United States

After I-130 approval (and once a visa number is available for preference categories), the beneficiary can file Form I-485 to adjust status to lawful permanent resident without leaving the US. The I-130 and I-485 can be filed concurrently for immediate relatives since visa numbers are always available. See our I-485 Adjustment of Status guide for the full process.

If the Beneficiary Is Outside the United States

The approved I-130 is sent to the National Visa Center (NVC), which prepares the case for an immigrant visa interview at a US Embassy or Consulate abroad. This is the consular processing path. See our Consular Processing vs. Adjustment of Status guide for a full comparison.

The Child Status Protection Act (CSPA)

A common concern in I-130 processing is the “aging out” problem — a beneficiary child who turns 21 before the I-130 is approved or a visa number becomes available can lose their “child” classification and fall into a less favorable preference category. The Child Status Protection Act (CSPA) provides a formula to freeze the child’s age as of the I-130 filing date for certain purposes, protecting some children from aging out. Consult an immigration attorney if your child is approaching 21 while an I-130 is pending.