I-130 | Petition for Alien Relative

Serving San Antonio, Austin and McAllen, Texas

What is an I-130 “Petition for Alien Relative?”

U.S. Customs and Immigration Services’s “Form I-130” permits citizens and lawful permanent residents to petition to bring a qualifying relative into the United States. Known as the “Petition for Alien Relative,” this form smooths the entry process for the relatives of legal immigrants and provides them with a possible path to permanent residency and citizenship. While filing the petition is a crucial first step in the process of enabling qualifying relatives to immigrate into the United States, the speed with which the relative is able to obtain the proper visa may depend on certain other factors. These include the availability of the desired type of visa and the speed with which any potential Adjustment of Status request can be processed.

Who Is Eligible for a Petition?

Citizens and lawful permanent residents can petition to provide certain classes of relatives with immigrant-track visas. The relatives of citizens receive priority consideration over the relatives of permanent residents. Qualifying relatives include:

• Spouses
• Unmarried minor children
• Unmarried adult children

Alien relative petitions are prioritized in the order that they have been listed. In addition to these three main classes of relatives, U.S. citizen petitioners can also sponsor two additional classes of relatives:

• Married children
• Adult siblings

Unfortunately, several types of relatives are not eligible for I-130 status. These include:

• Adoptive parents or newly-adopted children
• Natural parents of adopted U.S. residents
• Stepparents of adult children
• Grandparents
• Nephews and nieces
• Spouses who have previously been married to a U.S. resident or have been subject to removal proceedings
• Spouses in fraudulent “green card” marriages

To find out if you can file an I-130 for your family member, consult with the Gutierrez Law Firm’s I-130 attorneys.

What is Needed for a Petition?

Before filing their petitions, petitioners must prove that they have legal status in the United States. U.S. citizens must provide a U.S. birth certificate, a valid U.S. passport or the appropriate naturalization documents. Permanent residents must provide a permanent resident card or provisional permanent resident documents. For qualifying relatives, petitioners must provide evidence of a family relationship. Since this status can be subjective and may require supplemental evidence, it is important that all I-130 petitioners hire competent immigration attorneys to assist with their petitions. For a complete explanation of the requirements for the petition, speak to an I-130 lawyer today.

How We Can Help

At the Gutierrez Law Firm, our compassionate I-130 attorneys are firm believers in the uniting power of family ties. In this spirit, we stand ready to help the relatives of our citizen and permanent resident clients immigrate to the United States in a legal and expeditious manner. We can assist with every facet of the I-130 petitioning process and provide guidance at every step of way.

To learn more about filing an I-130 “Petition for Alien Relative,” make a call to one of the Gutierrez Law Firm’s I-130 lawyers at 210.225.7114.