Family petition: how to petition for a relative to immigrate to the United States I-130
A family petition is the process by which a U.S. citizen or lawful permanent resident asks, through Form I-130, for a relative to qualify to immigrate to the United States. If the relative is a spouse, an unmarried child under 21, or the parent of a citizen, they are an immediate relative and don't wait for a visa number. Every other relative falls into one of four family preference categories (F1 through F4), each with a limited annual quota and a wait time that depends on the relative's country of birth and their priority date.
| Form | I-130 |
|---|---|
| USCIS filing fee | $625 online / $675 by mail |
| Approximate time | Varies a lot by category: immediate relatives only wait for USCIS processing; categories F1 through F4 also wait for the Visa Bulletin to mark their priority date current — check the current estimate in the official USCIS processing times tool. |
| Online filing | Yes |
Quick category guide
| Category | Who can petition | Relationship | Waits for a quota? |
|---|---|---|---|
| Immediate relative | Citizen | Spouse, unmarried child under 21, or parent (if the citizen is 21+) | No |
| F1 | Citizen | Unmarried son or daughter age 21 or older | Yes |
| F2A | Permanent resident | Spouse, or unmarried child under 21 | Yes (usually the shortest wait among preference categories) |
| F2B | Permanent resident | Unmarried son or daughter age 21 or older | Yes |
| F3 | Citizen | Married son or daughter, any age | Yes |
| F4 | Citizen age 21+ | Sibling | Yes (usually the longest wait) |
Each row of this table has its own detailed guide at Formway: check the spouse, parents, children, and siblings pages for documents, steps, and relationship-specific common mistakes.
Who can file
- A U.S. citizen age 18 or older can file an I-130 for their spouse, their children, their parents (if the citizen is 21 or older), or their siblings (if the citizen is 21 or older).
- A lawful permanent resident can only file an I-130 for their spouse or their unmarried children, regardless of the children's age.
- Each relationship determines whether the relative is an immediate relative (no quota wait) or falls into a family preference category (F1, F2A, F2B, F3, or F4), per the USCIS Policy Manual (Volume 6, Part B).
Who doesn't qualify
- A permanent resident cannot file an I-130 for their parents or siblings under any circumstance; that right belongs exclusively to citizens.
- A permanent resident cannot file an I-130 for a married son or daughter; only for unmarried children.
- Relationships without a legally recognized marriage or family bond don't qualify for any family petition category.
- Cousins, aunts, uncles, nieces, nephews, and other relatives outside the direct core (spouse, parents, children, siblings) have no family petition category available.
Documents you'll need
- Complete Form I-130 for each relative being petitioned for
- Proof of the petitioner's citizenship or residency (U.S. passport, naturalization certificate, certificate of citizenship, or green card)
- Document proving the relationship: marriage certificate, birth certificate, or both when the relationship is indirect (for example, siblings with the same parent)
- Evidence of any name change, if applicable
- Certified English translation of any document not in English
Step by step
- Identify your relative's category. Confirm whether they're an immediate relative or fall into a family preference category (F1, F2A, F2B, F3, or F4) based on your status and the relationship.
- Gather proof of the relationship. Each category requires different documents: marriage certificates, birth certificates, or both when the relationship is indirect.
- File Form I-130. Submit it to USCIS online or by mail, along with the fee and all the evidence.
- Wait for approval and, if applicable, visa availability. Immediate relatives can move forward as soon as the I-130 is approved; preference categories must wait for the State Department's Visa Bulletin to mark their priority date as current.
- Continue with adjustment of status or consular processing. If your relative is in the United States and a visa is available, they file Form I-485; if they're abroad, the process continues through consular processing with the State Department.
Common mistakes that cause an RFE or a denial
Filing under the wrong preference category
Consequence: USCIS can reject or delay the petition if the category doesn't match the actual age, marital status, or immigration status of the petitioner and the relative.
How to avoid it: Confirm the exact category (immediate relative, F1, F2A, F2B, F3, or F4) before filing, especially if the relative is about to turn 21.
Not anticipating that a child is about to turn 21
Consequence: The child can lose their place as an immediate relative or shift category, which completely changes the wait time.
How to avoid it: Calculate your child's age under the Child Status Protection Act (CSPA) before deciding when to file.
Insufficient relationship evidence in indirect relationships (siblings, stepchildren)
Consequence: USCIS issues a Request for Evidence (RFE) asking for additional records proving the shared parent.
How to avoid it: Gather both siblings' birth certificates and, if applicable, the parents' marriage certificate from the start.
Uncertified translations
Consequence: USCIS rejects the document or asks for a new translation, delaying the case by several weeks.
How to avoid it: Every translation must include a certification signed by the translator stating it's complete and accurate.
What Formway prepares for this process
USCIS filing fee (government)
$625 online / $675 by mail
You pay the USCIS fee directly to the government, not to Formway. It can change; verify the current amount at uscis.gov before paying.
- Identifying the correct category based on your status and relationship
- Completing Form I-130 (and Form I-130A if applicable) for each relative
- A relationship-evidence checklist tailored to your case
- Certified translation of records and documents not in English
- Tracking the Visa Bulletin if your relative falls into a preference category
- Final review of the entire package before it goes to USCIS
Frequently asked questions
Do I need a lawyer to file a family petition?
Not for most cases. Formway prepares the I-130 and the relationship evidence without added legal complications. If your relative has a deportation order, a criminal record, or the case is already in court, you do need a licensed attorney, and we'll tell you directly.
How much does it cost to file a family petition?
The USCIS filing fee for Form I-130 is $625 online or $675 by mail; verify the current amount at uscis.gov before paying. On top of that is Formway's fee for preparing the file, which we confirm in your free consultation.
What's the difference between an immediate relative and a family preference category?
An immediate relative (spouse, unmarried child under 21, or parent of a citizen) has a visa available at all times, with no wait for a quota. Preference categories (F1, F2A, F2B, F3, F4) have a limited annual quota and require waiting for the Visa Bulletin to mark the priority date as current.
Can a permanent resident petition for their parents or siblings?
No. That right is exclusive to U.S. citizens age 21 or older. A permanent resident can only file an I-130 for a spouse or unmarried children, regardless of the children's age.
How long does a family petition take?
It depends on the category. Immediate relatives only wait for USCIS processing time; preference categories also wait for their priority date to become current on the Visa Bulletin, which can take anywhere from under a year to more than a decade depending on the country and category.
What is the Visa Bulletin?
It's a monthly publication from the State Department that shows which priority dates are current for each family preference category and country of birth. Your relative can't file Form I-485 or continue with consular processing until their date is current.
What happens if my child turns 21 while we wait?
The Child Status Protection Act (CSPA) can freeze your child's age in certain cases so they don't lose their category. It's a specific calculation worth reviewing well ahead of that birthday.
Can I file more than one family petition at the same time?
Yes. Each relative needs their own Form I-130 and their own fee; there's no limit on how many petitions a petitioner can file, as long as each relationship is real and qualifying.
What happens if I become a citizen while I have a pending petition for a relative?
If your relative was in a preference category as the child or spouse of a resident and you naturalize, the category can automatically upgrade to immediate relative or to a category with a shorter wait, depending on the case.
What can a lawyer do that Formway can't?
Formway prepares documents, but doesn't represent cases. A licensed immigration attorney can represent you before USCIS, an immigration court, or the Board of Immigration Appeals, appear at hearings or interviews on your behalf, sign Form G-28, Notice of Entry of Appearance as Attorney, give a legal opinion on whether you qualify for an immigration benefit, and appeal a decision or file a motion for reconsideration.
When is a lawyer a better fit than Formway?
A lawyer is a better fit if your relative has a deportation order, a criminal record, a previously denied petition due to suspected fraud, or if the case is already in immigration court. In your free consultation we'll tell you directly if that's your situation.
In summary
- Form I-130 is the base form of every family petition, but the exact category depends on the relationship and whether the petitioner is a citizen or a resident.
- Immediate relatives (spouse, unmarried child under 21, or parent of a citizen) don't wait for a quota; categories F1 through F4 do.
- A permanent resident can only petition for a spouse or unmarried children — never parents, siblings, or married children.
- The State Department's Visa Bulletin determines when a preference category can move forward.
- A lawyer is necessary when there's a criminal record, a deportation order, or the case is already in court.
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