Family petition for your parents I-130
Only a U.S. citizen age 21 or older can file a family petition for their mother or father, using Form I-130. Permanent residents cannot petition for their parents under any circumstance. A citizen's parents are immediate relatives, meaning an immigrant visa is available for them at all times, with no waiting list — unlike other family petition categories.
| Form | I-130 |
|---|---|
| USCIS filing fee | $625 online / $675 by mail |
| Approximate time | No quota wait since they're immediate relatives; the time depends on the USCIS service center — check the current estimate in the official USCIS processing times tool. |
| Online filing | Yes |
Why only citizens can petition for their parents
Immigration law reserves the "immediate relative" category — the only one with no quota wait — for a small group of a U.S. citizen's relatives: spouse, unmarried children under 21, and parents. Permanent residents, on the other hand, can only petition for their spouse or their unmarried children under the F2A and F2B categories, which do have a limited quota. Petitioning for parents isn't among the options available to a permanent resident under any category: if you want to petition for your mother or father and you're still a resident, the path is to complete your own citizenship process first.
This is one of the reasons why, for many families, the oldest child's naturalization ends up being the step that unlocks the parents' petition.
Who can file
- A U.S. citizen age 21 or older can file an I-130 for their biological mother or father.
- A citizen can also file an I-130 for an adoptive parent, if the adoption happened before the citizen turned 16 and there were at least 2 years of legal custody and joint residence.
- A citizen can file an I-130 for a stepparent if the marriage that created that relationship happened before the citizen turned 18, per the USCIS Policy Manual (Volume 6, Part B).
- A citizen's parents are immediate relatives: a visa is available at all times, with no limited annual quota.
Who doesn't qualify
- A permanent resident (green card holder) cannot file an I-130 for their parents under any circumstance; that right belongs exclusively to U.S. citizens.
- A citizen under 21 cannot file a family petition for their parents, though they can as soon as they turn 21.
- A stepparent relationship doesn't qualify if the marriage that created it happened after the child turned 18.
- An adoptive relationship doesn't qualify if it happened after the child turned 16, or without at least 2 years of legal custody and joint residence before the petition.
Documents you'll need
- Complete Form I-130, one for each parent
- The citizen's birth certificate showing both parents' names
- Proof of the petitioner's citizenship (U.S. passport, U.S. birth certificate, naturalization certificate, or certificate of citizenship)
- If the petitioner naturalized, a copy of the naturalization certificate, both sides
- If the relationship is by adoption, a copy of the adoption decree and evidence of legal custody and joint residence
- If the relationship is by marriage (stepparent), the biological parent's marriage certificate to the stepparent
- Certified English translation of any document not in English
Step by step
- Confirm you're a citizen age 21 or older. Only U.S. citizens age 21 or older can file this petition; permanent residents don't qualify to petition for their parents.
- Gather proof of the relationship. Collect the petitioner's birth certificate and, if applicable, the adoption documentation or the marriage record that created the stepparent relationship.
- Complete Form I-130. File a separate form for each parent; you can't combine both parents into a single petition.
- File the petition with USCIS. Submit the I-130 online or by mail, along with the USCIS fee and all the evidence.
- Continue with adjustment of status or consular processing. Since they're immediate relatives, if your mother or father is already in the U.S., you can generally file Form I-485 at the same time as the I-130; if they're abroad, the process continues through consular processing.
Common mistakes that delay these cases
Not including proof that the petitioner is 21 or older
Consequence: USCIS issues a Request for Evidence (RFE) to confirm the petitioner's age before continuing.
How to avoid it: Include a copy of the petitioner's passport or birth certificate that clearly shows the date of birth.
Confusing a naturalization certificate with a green card as proof of citizenship
Consequence: USCIS rejects the petition or requests more evidence because a green card proves residency, not citizenship.
How to avoid it: Use a U.S. passport, a naturalization certificate, or a certificate of citizenship — never a green card — to prove you're a citizen.
Insufficient evidence in adoption or stepparent relationships
Consequence: USCIS can deny the petition if it's not clear the relationship meets the legal requirements (age at adoption or marriage, length of custody).
How to avoid it: Gather the complete adoption decree or marriage certificate, with clear dates, from the start of the process.
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.
- Review that the relationship (biological, adoptive, or by marriage) meets USCIS requirements
- Completing Form I-130 for each parent
- A relationship and citizenship evidence checklist tailored to your case
- Certified translation of records and documents not in English
- Preparing Form I-485 if your mother or father is already in the U.S.
- Final review of the entire package before it goes to USCIS
Frequently asked questions
Do I need a lawyer to petition for my parents?
Not for most cases. Formway prepares the I-130 and the relationship evidence without added legal complications. If your mother or father 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 my parents' I-130?
The USCIS fee is $625 online or $675 by mail, per parent; verify the current amount at uscis.gov before paying. On top of that is Formway's fee for preparing the full file.
Can I petition for my parents if I'm a permanent resident, not a citizen?
No. That right is exclusive to U.S. citizens age 21 or older. If you're a permanent resident, you'd need to naturalize first to be able to file this petition.
How long does my parents' I-130 take?
Since a citizen's parents are immediate relatives, there's no annual quota wait. The time depends on the USCIS service center; check the official processing times tool for your form type and office.
Can my parents work while they wait for the I-130?
The I-130 alone doesn't grant a work permit. If your parents are already in the U.S. and file the I-485 along with the I-130, they can request Form I-765 at the same time and work legally while the case is pending.
Can I petition for my stepfather or stepmother?
Yes, if the marriage that created that relationship happened before you turned 18. If the marriage happened after that, the relationship doesn't qualify for a family petition.
Can I petition for a parent who adopted me?
Yes, as long as the adoption happened before you turned 16 and there were at least 2 years of legal custody and joint residence with that person before filing the petition.
Do I need to file a separate I-130 for each parent?
Yes. Each parent needs their own Form I-130 and their own fee, even if they're married to each other and live together.
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 for a parent petition?
A lawyer is a better fit if your parent has a deportation order, entered without inspection, has a criminal record, a prior petition denied for suspected relationship fraud, or the case is already in immigration court. We'll tell you directly if that's your situation.
In summary
- Only a citizen age 21 or older can petition for their parents; permanent residents don't qualify for this petition.
- A citizen's parents are immediate relatives: no annual quota wait.
- A separate I-130 is needed for each parent, even if they're married to each other.
- Adoptive or stepparent relationships qualify only if they meet specific age and timing requirements.
- A lawyer is necessary if there's a criminal record, a deportation order, or the case is already in court.
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