How to File an Immediate Relative Petition (I-130)
Green Card holders can file a petition for immediate family members, including:
- A spouse
- An unmarried son or daughter of any age
U.S. citizens can file a petition for immediate family members, including:
- A spouse
- A son or daughter of any age
- A parent, if you are 21 years of age or older
To obtain a Green Card for an immediate relative, the U.S. citizen must first file an I-130 petition. This is proof of the relationship between you and the U.S. citizen. While this petition is filed, the individual looking to gain citizenship can apply for adjustment of status (also known as "“AOS”).
Concurrent Filing
While the U.S. citizen files the I-130, you can file for adjustment of status (form I-485). When you file adjustment of status, you provide to the U.S. the information necessary for legal entry. You may be able to file forms I-485 and I-130 at the same time if you are:
- An immediate relative of a U.S. citizen living in the U.S.,
- A self-petitioning battered spouse or child, if the abusive person is a U.S. citizen, or if a visa number is available, or
- An employment-based applicant or family member, if a visa number is available.
Obtaining Permanent Residence of Family Members
Once the I-130 and your Adjustment of Status request are accepted and a visa becomes available, you can legally enter the United States. If you would like to apply for permanent residence, please see our page on the process for naturalization.