Form I-130 for a Child: Eligibility, Documents & Filing Steps

Quick Answer: How Do You File Form I-130 for a Child?

To petition for a child, an eligible U.S. citizen or lawful permanent resident (Green Card holder) files Form I-130, Petition for Alien Relative, with USCIS.

The purpose of Form I-130 is to establish that a qualifying parent-child relationship exists.

The child’s immigration category depends mainly on the petitioner’s immigration status, the child’s age, and whether the child is married.

U.S. citizens may petition for qualifying unmarried children under 21, unmarried sons or daughters age 21 or older, and married sons or daughters.

Green Card holders may petition only for qualifying unmarried children or unmarried adult sons and daughters.

Approval of Form I-130 does not by itself give the child a Green Card or lawful permanent resident status.

Form I-130 vs. the Child’s Green Card Application

Form I-130 and the child’s Green Card application are separate parts of the immigration process. Form I-130 is the family petition used to ask USCIS to recognize a qualifying parent-child relationship.

Approval confirms the petition, but it does not by itself give the child lawful permanent resident status.

The child must still complete the appropriate permanent-residence stage. If eligible to apply from inside the United States, that may involve Form I-485, Application to Register Permanent Residence or Adjust Status.

If the child will complete the process abroad, the case generally continues through the immigrant visa process.

Which path applies depends on the child’s immigration category, visa availability, location, and eligibility. For a broader overview of the full process, see our Green Card for Children guide.

Who Can File Form I-130 for a Child?

A U.S. citizen or lawful permanent resident (Green Card holder) may file Form I-130 for certain qualifying children, but the eligible relationships are not the same.

A U.S. citizen may file for:

• an unmarried child under age 21;
• an unmarried son or daughter age 21 or older; or
• a married son or daughter of any age.

A Green Card holder may file for:

• an unmarried child under age 21; or
• an unmarried son or daughter age 21 or older.

There is no family-based visa category for a married child of a Green Card holder. If an LPR files for an unmarried son or daughter and that beneficiary marries before becoming a permanent resident, USCIS may deny or revoke the petition.

In every case, the claimed parent-child relationship must also meet USCIS requirements.

Which Parent-Child Relationships Qualify?

A child may qualify for Form I-130 through a biological, stepchild, or qualifying adoptive relationship, but the requirements differ depending on how the parent-child relationship was created.

Biological Child

A biological mother can generally establish the relationship through the child’s birth record showing her as the mother.

For a biological father, the requirements depend on the parents’ circumstances and whether the child was born while the parents were married.

If the child was born outside marriage, USCIS may require additional evidence showing that the father-child relationship qualifies.

This can include evidence that the parents later married while the child was under 18, that the child was legally legitimated before age 18, or, in certain cases, that a bona fide parent-child relationship existed before the child turned 21.

Stepchild

A stepchild may qualify if the marriage that created the stepchild relationship occurred before the child turned 18.

Adopted Child

An adopted child may qualify when the adoption meets USCIS requirements. Generally, the adoption must occur before age 16, with a limited sibling exception for certain adoptions before age 18.

The child must also generally have been in the adoptive parent’s legal custody and joint residence for at least two years.

Form I-130 is generally not used for a child who qualifies through the Hague Convention or orphan adoption process. Separate adoption-based immigration procedures apply in those cases.

Which Immigration Category Applies to Your Child?

The child’s immigration category depends primarily on the petitioner’s status, the child’s age, and whether the child is married.

Filing Form I-130 establishes the qualifying relationship; it does not place every child in the same immigration category.

Green Card holders do not have a family-based category for married sons or daughters. Family-preference categories such as F1, F2A, F2B, and F3 are also subject to annual visa limits.

For the rules that apply to each sponsor type, see U.S. Citizen Sponsoring a Child for a Green Card or Green Card Holder Sponsoring a Child: F2A & F2B Guide.

Do You Need a Separate Form I-130 for Each Child?

If you are petitioning for each child as a direct beneficiary, you generally file a separate Form I-130 for each child.

However, some family-preference cases allow qualifying family members to immigrate as derivative beneficiaries, so a separate petition is not always required for every person in the family.

A principal beneficiary is the person for whom Form I-130 is filed directly.

A derivative beneficiary is an eligible spouse or child who may accompany or follow the principal beneficiary based on the same family-preference case.

For example, certain family-preference beneficiaries may have unmarried children under 21 who can qualify as derivatives rather than requiring separate I-130 petitions.

Current USCIS instructions specifically recognize derivative beneficiaries in qualifying preference cases.

The rule is different for immediate relatives of U.S. citizens. Immediate-relative cases do not provide derivative status, so each qualifying immediate relative generally needs their own petition.

The correct filing approach therefore depends on whether the child is being petitioned for directly or may qualify through another principal beneficiary.

Before You Start Form I-130

Before completing Form I-130 for your child, gather the information needed to keep the petition accurate and consistent.

Have the following details ready:

• your U.S. citizenship or permanent resident information;
• your child’s full legal name, date and place of birth, and other names used;
• current and previous addresses requested on the form;
• relevant immigration information, such as an A-Number or prior U.S. entry details, if applicable;
• dates and details showing how the parent-child relationship was created;
• your child’s current marital status; and
• information about previous immigration petitions filed by you or for your child.

The current Form I-130 asks for detailed petitioner and beneficiary information, including address history and prior petition information.

Documents Needed for Form I-130 for a Child

The documents needed for Form I-130 depend on how the parent-child relationship was established. The main goal is to give USCIS evidence that the claimed relationship qualifies for the petition.

Biological Child

A birth certificate showing the petitioner’s name as the child’s parent is generally the primary relationship evidence.

Child Born Outside Marriage — Father Filing

Additional evidence may be necessary. Depending on the circumstances, this can include proof that:

• the parents married while the child was under 18;
• the child was legally legitimated before age 18; or
• if the child was not legitimated, a bona fide father-child relationship existed before age 21.

Evidence of a bona fide relationship can include proof of living together, financial support, or continuing parental involvement.

Stepchild

Submit evidence showing that the marriage creating the stepchild relationship occurred before the child’s 18th birthday.

This generally includes the child’s birth certificate, the relevant marriage certificate, and proof that earlier marriages ended, when applicable.

Adopted Child

For an adopted child, submit the adoption decree and evidence showing that the applicable legal-custody and residence requirements have been met.

The exact evidence depends on the child’s adoption history and how the qualifying relationship was established.

For petitioner status documents, translations, and other general filing evidence, see the Form I-130 Documents Guide.

How to Complete Form I-130 for Your Child

When completing Form I-130 for a child, make sure the parent-child relationship, the child’s personal information, and the supporting records all tell the same story.

You do not need to treat every question on Form I-130 as child-specific, but several areas deserve extra attention.

Step 1: Select the Correct Parent-Child Relationship

Identify the beneficiary as your child and accurately indicate how the relationship was created, such as through a biological, stepchild, or qualifying adoptive relationship.

For a stepchild or adopted child, make sure the relationship type you select matches the legal records supporting the petition.

Step 2: Enter the Petitioner’s Information

Provide your legal name, U.S. citizenship or permanent resident information, address history, and other requested identifying details.

Your immigration status is especially important because it helps determine which immigration category may apply to the child.

Step 3: Enter Your Child’s Information

Use the child’s information exactly as it appears in official records. This includes the child’s:

• full legal name;
• other names used;
• date and place of birth;
• current address; and
• immigration identifying numbers, if applicable.

Avoid spelling, date, or name variations that conflict with the documents submitted with the petition.

Step 4: Check the Child’s Age and Marital Status

Enter the child’s date of birth and marital information carefully. Age and marital status can affect whether the child falls into an immediate-relative or family-preference category.

This is especially important if the child is approaching age 21 or has married.

Step 5: Make the Relationship Details Match Your Evidence

Review dates connected to the parent-child relationship.

For example, a stepchild case should show that the qualifying marriage occurred before the child’s 18th birthday.

An adoption case should contain information consistent with the adoption and custody records being submitted.

Step 6: Report Prior Petitions and Immigration Information Accurately

Answer questions about previous immigration petitions or the child’s immigration history based on the actual record.

Do not leave out an older petition simply because it was withdrawn, denied, or filed years ago.

Step 7: Review the Petition Before Filing

Compare the completed Form I-130 with the supporting records before submission.

Check that the child’s name, birth date, marital status, relationship information, addresses, and relevant immigration details are consistent throughout the petition and evidence.

How to Submit Form I-130 for a Child

Form I-130 can currently be filed online through a USCIS online account or submitted on paper by mail.

Before filing, use the current Form I-130 edition and follow the latest USCIS filing instructions for the method you choose.

Before submitting:

• review the petition for complete and accurate answers;
• include the required supporting evidence;
• make sure the petition is properly signed; and
• pay the correct filing fee for your filing method.

USCIS will reject an unsigned petition, and a filing submitted with an incorrect fee may also be rejected. Check the current USCIS fee schedule before submitting Form I-130.

For current costs, see the Form I-130 Filing Fee guide.

What Happens After You File Form I-130?

After USCIS accepts Form I-130, it issues a receipt notice with a receipt number that you can use to track the petition.

USCIS then reviews the form and supporting evidence to determine whether the qualifying parent-child relationship has been established.

During the review, USCIS may:

• request additional evidence through a Request for Evidence (RFE);
• schedule an interview if USCIS determines one is needed (not every Form I-130 child petition requires an interview); or
• continue directly to a decision based on the record.

USCIS ultimately approves or denies the petition.

For more detail, see Form I-130 Petition Steps. You can also check your USCIS case status or learn how to respond to an RFE if USCIS requests more evidence.

What Happens After I-130 Is Approved for a Child?

What happens after I-130 approval depends on the child’s immigration category, visa availability, location, and eligibility for the next stage.

Approval establishes the qualifying family relationship, but it does not by itself give the child a Green Card.

The next step can differ based on:

• whether the petitioner is a U.S. citizen or Green Card holder;
• whether the child is an immediate relative or falls into a family-preference category;
• whether an immigrant visa is available when required; and
• whether the child will complete the process in the United States or abroad.

USCIS uses the beneficiary’s location and intended processing path to determine whether an approved petition should be retained for a possible Adjustment of Status case or forwarded for immigrant visa processing.

For the applicable next step, see U.S. Citizen Sponsoring a Child for a Green Card, Green Card Holder Sponsoring a Child: F2A & F2B Guide, or the IR-2 Visa Guide.

How Much Does Form I-130 Cost and How Long Does It Take?

The Form I-130 filing fee and processing time are separate parts of planning a child petition, and both can change.

USCIS currently has different filing fees for online and paper I-130 submissions, so use the current fee schedule rather than relying on an older amount.

For current government charges and payment information, see Form I-130 Filing Fee.

USCIS processing times also vary based on the petition type, workload, case-specific factors, and where the petition is handled. USCIS updates its published processing-time information regularly.

See Form I-130 Processing Time for the latest guidance.

For family-preference cases, remember that I-130 processing time is different from waiting for an immigrant visa to become available. Visa availability is a separate part of the immigration process.

FAQs About Form I-130 for a Child