If you are a U.S. citizen, you may be able to petition for your foreign-born children who are married or age 21 or older (referred to as “sons or daughters” by U.S. immigration law) to immigrate to the U.S. and receive lawful permanent residence (green cards).
To start this process, you will need to prepare and submit a visa petition on Form I-130, with supporting documents and a fee. Form I-130 is available for free download from U.S. Citizenship and Immigration Services (USCIS). This article describes how to fill out and submit that form (These instructions refer to the version of the form issued on 2/27/2017, expiring 7/31/2018.)
Note that filing Form I-130 only starts the immigration process for a U.S. citizen’s son or daughter. Such a person will be considered a “preference relative” (unlike, for instance, the spouse or unmarried child under 21 of a U.S. citizen, who is an “immediate relative”). Preference relatives, unlike immediate relatives, face annual quotas on the number of visas (green cards) given out, and thus may have to wait years after approval of their I-130 for a visa to become available and to continue with their green card application.
Sons or daughters for whom a U.S. citizen can petition using USCIS Form I-130 include those who once met the immigration law’s definition of a “child” (at I.N.A. Section 101(b)(1)) but who have since turned 21 or gotten married.
The definition of “child” includes:
What if you started the immigration process for your child before he or she turned 21 or married, and received USCIS approval of your Form I-130 visa petition? You likely do not need to prepare another I-130. If your child turned 21, the Child Status Protection Act (CSPA) may have “frozen” his or her age and allow him to continue with the immigration process as a “child.” If the child married, he or she will have simply shifted from being an immediate relative to a preference relative. You will need to let USCIS know of the change, and the child’s “Priority Date” (described below) will be the date upon which you initially filed the I-130.
Before you prepare Form I-130, it’s worth checking whether the child is already a U.S. citizen, having become so automatically through your citizenship status. See U.S. Citizenship by Birth or Through Parents for more information.
How soon your son or daughter (married or over 21) will be able to immigrate after you submit the I-130 may vary, as follows:
To better understand this preference system of green-card allotment, see How Long Is the Wait for Your Priority Date to Become Current?
Also realize that, if your son or daughter is living abroad, he or she will have to wait until the I-130 is approved and his or her “priority date” becomes current before starting the green card application. Approval of the I-130 confers absolutely no rights to live in the United States.
Living in the U.S. without authorization can lead to the person accruing “unlawful presence,” and thus becoming inadmissible and possibly ineligible for a green card, as described in Consequences of Unlawful Presence in the U.S.--Three- and Ten-Year Time Bars and The Permanent Bar to Immigration for Certain Repeat Violators.
See an immigration attorney immediately if your child is living in the U.S. unlawfully (after an illegal entry or the expiration of a visa or other authorized stay). Again, having an approved I-130 will not solve this by itself.
Form I-130 starts by asking for information about the petitioner--that is, you, the U.S. citizen. Later, it will also ask for information about the immigrant, referred to as the "beneficiary" or "your relative."
Part 1 - Relationship
Question 1: Check the fourth box, Child.
Question 2 - 3: These questions concern whether you and your child are related by birth, a stepparent relationship, or by adoption. Petitioning for an adopted child is an entirely different process. See an immigration lawyer with any questions.
Part 2 - Information About You
Question 1: A U.S. citizen can put N/A here, even if you were once a lawful permanent resident and had an Alien Registration Number (known as an A-Number).
Question 2: You might not have a USCIS Online Account Number (from a past application). If you don't, no need to worry, just leave this blank.
Question 3: The U.S. citizen's Social Security Number goes here.
Question 4: Enter your last name (surname) then your first and middle name.
Question 5: There's no need to mention personal nicknames, but do include any first or last names by which you have been commonly known (such as a maiden name) and which therefore might have made it onto paperwork that you will, now or later, be submitting to the immigration decision-makers.
Questions 6-9: Self explanatory.
Question 10: The address at which you receive mail. If this changes, be sure to advise USCIS, because you're going to be receiving some important documents by mail.
Questions 11-15: If your mailing address is different from the address where you live, check "no," and fill in Questions 12 and 13. If your current address is less than five years old, fill in Questions 14 and 15.
Question 16: Enter the number of times you have been married.
Questions 17-23: Enter your most recent marital status. If you are married, indicate the date of your current marriage and provide other details.
Information About Your Parents
Question 24-35: Self-explanatory. (USCIS collects this type of information in case it needs to do extra background checks on applicants.)
Question 36: As a U.S. citizen, you should check the "U.S. citizen box, then fill out the following questions (through Question 39). If you were born in the U.S., you would not have a naturalization certificate or a certificate of citizenship. If you are a naturalized U.S. citizen (meaning not born a U.S. citizen or granted the status via parents, but became a citizen after an application and exam), this number can be found at the top right-hand side of the naturalization certificate. The date and place issued are also shown on the certificate.
Questions 40-41: You can leave these blank, because you are a U.S. citizen not a green card holder.
Questions 42-49: Your work history. Mostly self-explanatory. If you aren't working, leave the employer entries blank, but under "Occupation" (Question 44) enter whatever is appropriate, such as "student," "stay-at-home parent," "self-employed," "disabled," or "unemployed."
Part 3, Biographic Information
These questions are still about you, the U.S. citizen filing the petition. They are largely self-explanatory.
Part 4: Information About Beneficiary
Now the form turns to questions about the child who you wish to sponsor for U.S. immigration.
Question 1: The Alien Registration Number is an eight- or nine-digit number following a letter A that USCIS (or the formerly named INS) would have assigned to your immigrating child if he or she had previously applied for permanent (or, in some cases, temporary) residence or been in deportation/removal proceedings. Of course, if that previous application was denied because the immigrant was inadmissible or lied on that application, call a lawyer before going any further.
Question 2: It's entirely possible that the immigrant has no USCIS online account number.
Question 3: The immigrant won’t have a Social Security number until he or she has lived in the United States and had a work permit, a visa allowing work, or U.S. residence. If the immigrant doesn’t have a Social Security number, just write N/A.
Question 4: The immigrant's current name.
Question 5: This is for other names found on the immigrant's paperwork.
Questions 6-9: Self explanatory.
Question 10: One purpose of this question is to find out whether a previous petition for this same applicant was denied, so that USCIS can check the files for the reasons. But it's okay to have more than one visa petition filed for the same person at the same time--for example, if the child's other parent is a U.S. citizen and wants to submit a petition also. This can be a form of insurance, in case one parent passes away before the process is done.
Question 11-16: Self-explanatory.
Questions 17-44: These questions refer to the beneficiary’s spouse and children, if any, who may (if the children are unmarried and under age 21) also be able to immigrate to the U.S., as “derivatives.”
Question 45: Answer "yes" even if the immigrant is not currently in the U.S., but has been here in the past. Certain types of negative immigration history may affect eligibility for a green card (or indeed any type of admission to the U.S.), so see an attorney if, for example, the immigrant overstayed a past visa, or was placed in removal proceedings.
Question 46.a: If the immigrant is living inside the U.S., state how the immigrant arrived, for example as a visitor, H-1B worker, or on the Visa Waiver Program (VWP). But if the arrival was "without inspection," consult an attorney immediately--the immigrant's accrual of unlawful presence in the U.S. is likely to make him or her inadmissible (ineligible for a green card) unless the immigrant qualifies for a waiver.
Question 46.b: The I-94 number was formerly found on a card that entrants in the U.S. received from the border/port officials and was placed in their passport. Now, however, it's an online document, and you can get the immigrant's record and number from the Customs and Border Protection (CBP) website.
Question 46.c: Enter the date the immigrant entered the United States.
Question 46.d: This is NOT the date the immigrant's visa expired or expires. You must check the I-94 for the date when his or her right to remain in the U.S. legally ran out. "D/S" is usually only granted to students.
Question 47-50: Enter the number that the immigrant's home country put in his or her passport. Or, if the immigrant used some other type of travel document (such as parole or a refugee travel document) enter that number in Question 48.
Questions 51-52: State the immigrant's employer’s name, address, and other information.
Question 53-56: If the immigrant has been placed in Immigration Court proceedings, see a lawyer, particularly if the case was lost. It's possible the immigrant is not eligible to file for a green card at this time.
Question 57-58: This needs to be filled in only for applicants from countries such as Russia, China, Korea, Japan, various Arab nations, or others that do not use Western "ABC" letters for their written language.
Question 59-60: If you have ever lived together, put the last address here. If not, write “Never lived together” for Question 59.a.
Question 61: This question is only for immigrants who are already living in the U.S. and planning to apply for adjustment of status. See a lawyer if unsure whether the immigrant qualifies to use this application procedure. Not everyone does, and it's unlikely unless the person has a long-term, valid visa.
Question 62: If the immigrant isn't in the U.S., or is in the U.S. but can't use the procedure known as "adjustment of status," you will need to list the consulate in the immigrant's home country. USCIS will make the final decision on which consulate your case will be sent to, based on where the immigrant lives and which of the State Department's consulates in that country actually handle immigrant visas. If the country listed doesn’t have diplomatic relations with the United States, USCIS will locate a consulate in a nearby country to handle the case.
Part 5: Other Information
Now we’re back to questions related to the U.S. citizen petitioning parent.
Questions 1-5: These questions address two potential issues. First, USCIS wants to know whether you already tried to petition for this immigrant, but had the petition denied. Second, USCIS wants to know if you have any history of petitioning other immigrants to come to the United States.
Questions 6-9: This refers to other petitions being submitted simultaneously, so that USCIS can process the petitions together.
Part 6. Petitioner's Statement, Contact Information, Declaration, and Signature
The U.S. citizen, petitioer must affirm that he or she understands and swears to the information in this petition, provide contact information, and sign here.
Part 7. Interpreter's Contact Information, Certification, and Signature
If you had help from a foreign-language interpreter in filling out the Form I-130, that person needs to fill in this section.
Part 8. Contact Information, Declaration, and Signature of Person Preparing This Petition if Other Than the Petitioner
If you are filling this application unassisted, write N/A here. A little typing assistance or advice from a friend doesn’t count; the only people who need to complete this line are lawyers or agencies who fill out these forms on others’ behalf.
Part 9. Additional Information
This provides added space, in case you need it to finish your answers to any of the questions.
Required Documents for Submission With the I-130
You will need to gather copies (not originals) of the following documents along with the signed forms and filing fees:
Where to File the Form I-130 Petition
After you, the U.S. citizen petitioner, have prepared and assembled all the forms and other items listed above, make a photocopy for your personal records. Then send the whole visa petition to the USCIS “lockbox” indicated on the website instructions for Form I-130.
The lockbox will process the fee payment, then forward the petition to a USCIS Service Center for further handling.
What Happens After Filing the I-130
A few weeks after sending in the visa petition, you should get a receipt notice from USCIS. The will tell you to check the USCIS website for information on how long the application is likely to remain in processing. Look for the receipt number in the upper left-hand corner, which you will need in order to check the status of the case online at www.uscis.gov. There, you can also sign up for automatic email updates about the case.
If USCIS needs additional documentation to complete the application, it will send you a letter asking for it. Eventually USCIS will send an approval or a denial of the visa petition. This may take a long time, but don’t worry, it won’t ultimately affect the case. The “priority date” establishing your son or daughter’s place on the waiting list for a visa has already been set as of the date USCIS received the I-130 petition.
If USCIS denies the petition, it will provide a denial notice stating why. Your best bet is most likely to start over and refile the application (rather than attempt an appeal), and fix the reason USCIS gave for denying the I-130. But don’t just refile it if you don’t understand why the first one got denied. Instead, get an attorney’s help.
If USCIS approves the application, it will send you a notice and then forward the case to the National Visa Center (NVC) for further processing. Your son or daughter can expect to later receive communications from the NVC and/or consulate, and if and when the priority date has become current, to attend a visa interview there. See Consular Processing Procedures for more information.
If your immigrating son or daughter is living in the U.S. and is eligible to adjust status here, the next step (after the priority date, if any, becomes current) is to file an I-485 application for adjustment of status. Your son or daughter, and perhaps you as well, may be called in for an interview at a USCIS office. See Adjustment of Status Procedures for more information.