Use this form if you (the petitioner) are a U.S. citizen, lawful permanent resident, or U.S. national and you need to establish your qualifying relationship with an eligible relative (the beneficiary) who wishes to come to or stay in the United States permanently and apply for the Permanent Resident Card (also called a Green Card).
Processing Information
Submitting Form I-130, Petition for Alien Relative, is the first step to help an eligible relative apply to immigrate to the United States and apply for a Green Card. The filing or approval of this petition does not give your relative any immigration status or benefit.
We will generally approve your Form I-130 if you can establish a qualifying relationship between you and your relative that allows them to immigrate to the United States. Generally, after we approve the petition, your relative may apply for a Green Card. If your relative is already in the United States and an immigrant visa is available, they may be eligible to apply for their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
Certain relatives must wait until an immigrant visa number is available before they can file Form I-485 (to adjust their status if they are in the United States) or request an immigrant visa at an embassy or consulate through consular processing (if they are outside the United States). However, if your relative qualifies as an immediate relative, an immigrant visa is always available.
If your relative is already in the United States but they are not eligible to apply for the Green Card by filing Form I-485, the relative may be eligible to apply for an immigrant visa with the U.S. Department of State at a U.S. embassy or consulate through consular processing. For more information on eligibility and the process to apply for a Green Card, please visit our Green Card Eligibility Categories page.
When you complete Form I-130, please make sure that you (the petitioner) select 1 and only 1 option indicating whether the beneficiary requests adjustment of status inside the United States or consular processing outside the United States. If the Form I-130 is still pending with USCIS and you want to change your selection (either to consular processing outside the United States or to adjustment of status in the United States), you may contact the USCIS Contact Center and request a change. If you want to change your selection to consular processing after we have already approved your petition, you may need to file Form I-824, Application for Action on an Approved Application or Petition.
