Filling Out, Submitting Form I-130 for Unmarried, Minor Child of U.S. Citizen or Permanent Resident

If you are either a U.S. citizen or a lawful permanent resident, you may be able to petition for your children or stepchildren—if they are not already U.S. citizens—to immigrate to the U.S. and receive lawful permanent residence (green cards). You must start this process by submitting 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.

Who Qualifies as a Child?

Children whom you can petition for using USCIS Form I-130 include:

• natural-born children born to married parents
• natural-born children born to parents who are unmarried; though if the father is filing the petition, he will need to prove legitimation or a bona fide parent-child relationship, and
• stepchildren—so long as the child was 18 or under when the parents married, and the parents are still married.

The immigration laws have their own definition of "child." (See I.N.A. Section 101(b) and (c), 8 U.S.C. Section 1101(b) and (c).)

An adopted child can be a "child" eligible to bring to the U.S. so long as the child was under age 16 when adopted and met other legal conditions for a valid adoption. However, in many cases the process to petition for an adopted child to receive a green card is different, and does not use Form I-130.

The children must be under age 21 and unmarried, both at the time you file the I-130 petition for them and at the time they receive the green card. There are some exceptions that might help children who turn 21 while waiting for a visa or green card—see How the CSPA Helps Family-Based Preference Relatives and Derivative Beneficiaries.

Could the Child Already Be a U.S. Citizen?

If you're a U.S. citizen, then before you prepare Form I-130, you should check into whether your children have already become citizens, automatically. See U.S. Citizenship by Birth or Through Parents for more information.

Do You Need to File a Separate Form I-130 for Your Child If You're Petitioning for the Other Parent as Well?

If you are a U.S. citizen petitioning for a spouse, and for your children with that spouse, you need to file separate Forms I-130 for each person. If, on the other hand, you are a lawful permanent resident petitioning for a spouse, and for your children with that spouse, you file a single Form I-130 for the spouse and include the children. (Don't try to puzzle out the logic behind this—it's a quirk of U.S. immigration law.)

If there is any chance that you might become a citizen before the immigration process is over, however, you might want to submit separate Forms I-130 for both your spouse and children now, to save the trouble later (when the fees will probably be higher, too).

How Long Will the Child's Immigration Process Take?

How soon a child will be able to immigrate after the petitioner submits the I-130 varies, as follows:

• Unmarried minor children (under age 21) of U.S. citizens are called "immediate relatives" by the immigration laws and are eligible for a green card just as soon as they can get through the application process.
• Unmarried minor children (under age 21) of U.S. green card holders are considered "Second Preference" relatives, in category F2A. This category allots only around 87,000 green cards per year, and lots of people want these visas, so your child will likely have to wait some years before a green card becomes available.

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 filing an I-130, and even approval of the I-130, confers absolutely no rights to live in the United States. If your child is in the U.S. and you're a U.S. citizen, however, you can file the I-130 at the same time you file the child's green card application. The filing of the green card application will allow the child to remain in the U.S. until the government makes a decision on the application. If you're a green card holder, currently you can't file the I-130 together with the green card application.

A child who is living abroad can't come to the U.S. just because the U.S. petitioner filed the I-130 or had it approved. Your child will have to wait until getting an "immigrant visa" to move to the U.S. permanently.

Issues If the Child Is Living in the U.S. Unlawfully

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.

I-130 Form: Step-by-Step Instructions for Filling Out

This article discusses the version of the I-130 issued on 7/10/2021.

General instructions

There are several basic rules to follow when filling out an I-130. It's best to fill out the form on your computer, but if you're writing answers by hand, use a pen with black ink. If you find that there's not enough space to give a full answer to a question, give the answer on a Part 9 of the form (at the end).

Part 1. Relationship

Question 1: Check the fourth box, Child.

Question 2: This concerns how you and your child are related. Again, you are allowed to petition for an adopted child, but most likely you need to use a different process. See an immigration lawyer with any questions.

Question 3: You can leave this blank.

Question 4: In this case, where you are petitioning for a child, your answer to whether you obtained U.S. residence or citizenship via adoption is not likely to make a difference to the application.

Part 2. Information About You

This section is to be filled out by the U.S. citizen or resident "petitioner."

Question 1: A U.S. citizen can leave this blank, even if you were once a lawful permanent resident and had an Alien Registration Number (known as an A-Number). Permanent residents will find this number on their green card.

Question 2: You might not have a USCIS online account number. Leave this blank if you don't.

Question 3: Enter your SSN.

Questions 4-5: Enter your full name and other names by which you have been commonly known, and which therefore might have made it onto paperwork that you will, now or later, be submitting to the immigration decision-makers. There's no need to mention personal nicknames.

Questions 6-15: Self explanatory.

Question 16: Add up your marriages and enter the total here. If you've never been married, enter "0" for zero.

Question 17: This refers to your most recent marital status. For example, if you are currently married but previously divorced, just check "married."

Question 18: Enter the date you were legally married (the same date as should appear on your marriage certificate).

Question 19: "Place" of marriage means the city and state or country that you were married in.

Questions 20-35: Mostly self-explanatory. The date a marriage ends is the date of a spouse's death, or if you got divorced, the date the judge signed the court papers that made your divorce final. If there's information you don't have access to, for example about a parent, you can enter "unknown."

Additional Information About You

Questions 36-41: Mostly self explanatory; you need to explain whether you are a citizen or a green card holder, and how you obtained that status. If you are a naturalized U.S. citizen (meaning you were not born a U.S. citizen or granted the status by virtue of your citizen parents but became a citizen after an application and exam), your certificate number (for Question 39a) can be found at the top right-hand side of your naturalization certificate. The date and place issued are also shown on the certificate.

U.S. citizens can ignore items 40 and 41. Permanent residents will find the date of admission on their green card. "Place of admission" is where you either entered the U.S. with your immigrant visa for the first time, or, if you adjusted status, the location of the USCIS office that was processing your application.

Employment History

Start with information about the job you have now, and work backward.

Part 3: Biographic Information

Self-explanatory. Just remember, this still refers to you, the U.S. petitioner.

Part 4: Information About Beneficiary

Now you will be answering questions about your immigrating child. A child who is not now and has never been in the U.S. probably won't have any of the numbers requested in Questions 1-3. Leave them blank.

Questions 4-9: Self explanatory.

Question 10: It's okay if other people have also filed I-130 or other immigration petitions for the child, but USCIS wants to be able to cross-reference and track them. (See Can More Than One U.S. Family Member Petition for the Same Immigrant?.)

Question 11: If the child's address is in the U.S., and the child has no immigration status, putting the address here has not, historically, led to any increased risk of arrest; though this could change in the future.

Question 12: This is for the address where the child will live in the United States. This doesn't necessarily have to be with you, but it might raise questions if it's not.

Question 13-16: If your immigrating child is in the U.S. and no longer has an overseas address, you can leave most of this blank, but be sure to enter the child's email and phone numbers.

Questions 17-24: These refer to the beneficiary's most recent marital status. To immigrate as a "child," your beneficiary must be unmarried, all the way through approval for U.S. lawful permanent residence and (if coming from abroad) entry to the United States.

Questions 25-44: If your child has children, that information would go here. However, the young children will likely not be able to immigrate with your child as "derivatives." Consult an attorney.

Question 45: It's important to state whether the child has been in the U.S., because certain types of negative immigration history can affect eligibility for a green card (or indeed any other application for U.S. entry).

Question 46a: If your child is living inside the U.S., state what visa status they legally entered in. If your child illegally entered the U.S., consult an attorney immediately—the child is likely inadmissible to the United States, which will make it impossible to get a green card unless a narrow exception applies.

Question 46b: The "I-94" arrival/departure record number was created when your child entered the U.S. or changed status within the United States. If your child doesn't have a little white I-94 card stapled in their passport (the U.S. stopped doing this in May 2013 for people arriving by plane or ship), or attached to an approval notice upon changing immigration status, you can search for the I-94 number online at https://i94.cbp.dhs.gov. (Some persons, such as Canadian tourists driving across the border, do not have I-94s created for them.)

Question 46c: Enter the date your child most recently arrived in the United States.

Question 46d: The date your child's authorized stay expired or will expire is shown on the I-94. Write "D/S"—for "duration of status"—if your child was admitted on a student visa or exchange visitor visa with no specific end date.

Questions 47-50: Self explanatory, concerning the child's passport or similar travel document.

Questions 51-52: If the child is currently working, state the employer's name and address and the date the work began.

Questions 53-56: If the child is or has been in immigration court (removal or deportation) proceedings, contact an attorney before filing Form I-130.

Question 57-58: If the child's native language uses a non-Roman script (for example, Russian, Chinese, or Arabic), write the name and address in that script.

Questions 59-60: These can be left blank, they don't apply to you.

Question 61: These questions should be answered only if your child is already living in the U.S. and planning to apply for adjustment of status. (Put "N/A" and skip to Part D otherwise.) Read Who Can Apply for a Green Card Through Adjustment of Status or see a lawyer if unsure whether your child qualifies to use this procedure. As a backup, you also need to answer the next question, about which city and country's U.S. consulate your child will go to apply for the visa, in case it turns out the child really isn't eligible to adjust status.

Question 62: List the capital city of the country where your child is from if you aren't sure which consulate is the correct one—USCIS will figure out the rest. If the country listed doesn't have diplomatic relations with the United States, USCIS should locate a consulate in a nearby country to handle the case.

Part 5: Other Information

Now you're back to answering questions about you, the petitioner.

Question 1-5: These questions are meant to uncover your history (if any) of petitioning other immigrants to come to the United States. For place of filing, you can use the city and state you were living in when you filed the petition. The "result" is whether your petition was approved or denied by USCIS (not whether the green card application was ultimately approved or denied).

Questions 6-9: These refer to other petitions being submitted simultaneously, (for example, if you are a U.S. citizen filing for your spouse as well, which you would need to do using a separate Form I-130), so that USCIS can process the petitions together.

Part 6: Petitioner's Statement, Contact Information, Declaration, and Signature

Don't forget to sign and enter the date and a number where you can be reached.

Parts 7-8

These sections need to be filled in and signed only if you used the services of an interpreter, and/or an attorney, paralegal, or other person to fill out this form on your behalf.

Required Documents for Submission With the I-130

You will need to gather the following documents along with the signed form and filing fees:

• Proof of U.S. citizen or permanent resident status. This will most likely require a copy of your birth certificate, passport, certificate of naturalization, Form FS-20 (Report of Birth Abroad of a United States Citizen), green card, or your passport stamped with an I-551.
• Proof of your parent-child relationship: In most cases of blood-related children, all that you need to provide here are a copy of the child's birth certificates listing you as the parent; and if you're the father, a copy of your marriage certificate with the child's mother. For a stepchild, you'll also need to provide certificates showing your and your spouse's various marriages' termination and formation. For a child born out of wedlock, if you're the father, you'll need to provide proof of legitimation or a bona fide parent-child relationship. Be sure to supply complete translations into English if need be; see Sample Format for Translating Non-English Documents for Immigration Applications.
• Filing fees. The fee for an I-130 petition is currently $535 (early 2023 figure). However, it's wise to regularly double-check the USCIS I-130 web page or call USCIS at 800-375-5283 for the latest amount; especially since the agency proposed a fee hike that could take effect later in 2023.) You can pay by check, money order, or by filling out and submitting USCIS Form G-1450, Authorization for Credit Card Transactions.

Where to File the Form I-130 Petition

After you, the U.S. petitioner, have prepared and assembled all the forms and other items listed above, make a photocopy for your personal records. You then have a choice: You can either file online, or mail the whole petition package to the USCIS "lockbox" indicated on the website instructions for Form I-130. Note that there is a different address if you are filing the I-130 together with the child's green card application.

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

Soon after sending in the I-130 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. 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 (an "RFE") and give you a deadline for responding.

You can expect it to take anywhere from a few months to a year for USCIS to make a decision on your I-130.

If you filed the I-130 together with your child's green card application and USCIS finds no problem with the I-130, you won't get a separate notice telling you the I-130 has been approved—USCIS will begin taking action on the green card application. If you file the I-130 by itself, you'll get a notice telling you that USCIS either approved it, is going to deny it (you might get a chance to convince USCIS not to deny it), or denied it.

If USCIS approves the petition, it will send you an official approval notice and also forward the case to the National Visa Center (NVC) for further processing (unless you said on the I-130 that your child was going to adjust status). Your child 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 on this.

If your immigrating child 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, if you didn't already do that at the same time you filed the I-130. You and your child will likely be called in for an interview at a USCIS office. See Adjustment of Status Procedures for more information.

If USCIS denies the I-130 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 remedy the reason USCIS stated for the denial. But don't just refile if you don't understand why the first one was denied—instead, get an attorney's help.