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I-130 Petition for Alien Relative(s)

Form I-130 often referred to a “petition for Alien Relatives” is for US citizens or lawful permanent residents (LPR) that wish to establish and confirm a familial relationship so their alien relatives can immigrate to the United States. Filling out this form is the only the first step in bringing family members to the United States.

Who Can File an I-130 Form?

US Citizens and lawful permanent residents can file the petition to bring their family into the United States. However, there are some restrictions based on your citizenship or immigration status. US Citizens can fill out petitions for their spouse, children, parents, or siblings. However, lawful permanent residents can only file for their spouses and unmarried children.

The petitioner is the person filling out the I-130 form, while the beneficiary is the one seeking a US green card.

Who Cannot File the I-130 Form?

Even when the above family relationships exist, there are some restrictions to keep in mind. You cannot file an I-130 if the following familial relationships are as follows:

  1. If the step-relationship formed after the child turned 18, a step-parent or step-child
  2. An adopted parent or child if the adoption occurred after the child was 16 years old.
  3. A spouse if you were not both physically at the marriage ceremony.
  4. Any relative if the USCIS already has determined they only married to obtain a green card.
  5. A spouse if he or she was part of an immigration hearing anytime before this petition.
  6. A spouse if  you, the sponsor, became a green-card holder through marriage to a US citizen or LPR
  7. A grandparent, grandchild, cousin, aunt, uncle, nephew, niece, or parent-in-law
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How Long Does the Petition Process Take?

The time it takes to complete the petition process all depends on the familial relationship itself, and however long it takes the USCIS to process the information.

Documents Needed to File form I-130

Some documents must accompany form I-130 for processing to take place. These documents are:

  • Copy of birth certificate, neutralization certificate, valid US passport, or green card.
  • Marriage certificate showing both spouse names, where the marriage took place, and the date of that marriage.
  • Joint bank accounts, join lease forms, and pictures together to prove the marriage is not fraudulent
  • Divorce documents or death certificates confirming termination of previous marriages.
  • Name change order if any
  • Proof of spouses nationality with a birth certificate and current passport.

We know navigating all the restrictions and laws that accompany form I-130 can be overwhelming and at times confusing. For legal advice and assistance, contact Molina Law Group today.

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Contact Us

4660 Main St. Suite 300-2
Springfield, Oregon 97478

(541) 359-2021 (Oregon office)
(866) 709-9503 (fax)

We Fight for What is Fair

At Molina Law, our goal is to ensure that you are treated fairly and with dignity.

Our compassionate staff will help you understand all of your options and provide you with honest, quality representation.

2017 member of american immigration lawyers association

Contact Us

4660 Main St. Suite 300-2
Springfield, Oregon 97478

(541) 359-2021 (Oregon office)
(866) 709-9503 (fax)

2017 member of american immigration lawyers association

We Fight for What is Fair

At Molina Law, our goal is to ensure that you are treated fairly and with dignity.

Our compassionate staff will help you understand all of your options and provide you with honest, quality representation.