Family Immigration: What an I-130 Petition Does — and Does Not Do

What the I-130 does

Form I-130 is filed by a U.S. citizen or lawful permanent resident to show that a qualifying family relationship exists with a relative who hopes to immigrate. It is typically an early step in a family-based green card process.

What the I-130 does not do on its own

• Filing it, or having it approved, does not by itself give the relative immigration status
• It does not by itself give permission to work
• It does not by itself protect anyone from removal (deportation) proceedings

What may come next

Depending on individual eligibility, visa availability and the facts of the case, a relative may later pursue adjustment of status inside the United States or consular processing at a U.S. consulate abroad. Relatives of U.S. citizens and relatives in family preference categories follow different rules. Which path — if any — fits a family depends on a personal review.

Please do not travel, or file any form, based on general articles like this one. Travel and filing decisions can carry serious consequences and should follow an individualized review.

Timelines and fees

There is no single timeline that applies to every family petition. Processing times and government filing fees change, so check the official USCIS tools listed in the sources below rather than relying on numbers quoted online.

Questions to prepare before a consultation

Thinking through these questions ahead of time can make a first meeting more productive. Bring your answers — and related documents — to the consultation.

• Who would be the petitioner, and are they a U.S. citizen or a permanent resident?
• What is the exact family relationship, and what documents show it?
• Where does the relative live now — inside the United States or abroad?
• How and when did the relative enter the U.S., and have they left and returned?
• Has anyone in the family filed a petition or application before? What notices were received?
• Has the relative ever been in immigration court, removed, or refused a visa?
• Is anyone currently detained, or is there an upcoming court date or deadline?

Keep private answers out of the public form

Please do not share answers to these questions, document numbers or case details through the website contact form. Use it only to request a consultation, and mention when booking if there is detention, a court date or a known deadline. Requesting a consultation does not change any deadline.

Official sources

• USCIS — I-130, Petition for Alien Relative
• USCIS — Green Card for Immediate Relatives of U.S. Citizens
• USCIS — Green Card for Family Preference Immigrants
• USCIS — Check case processing times
• USCIS — Fee schedule