Quick Answer: Who Can File Form I-130?
Form I-130, Petition for Alien Relative, may be filed by a U.S. citizen, lawful permanent resident (Green Card holder), or certain U.S. nationals for qualifying family members.
Eligibility depends on both the petitioner’s immigration status and the family relationship.
| Petitioner | Relatives Who May Qualify |
|---|---|
| U.S. citizen | Spouse, children, sons or daughters, parents, and brothers or sisters, depending on age and marital status |
| Lawful permanent resident | Spouse and unmarried children or sons and daughters |
| Certain U.S. nationals | Qualifying relatives generally permitted under rules similar to those for permanent residents |
U.S. citizens have broader petitioning rights than Green Card holders. For example, permanent residents cannot file Form I-130 for parents, siblings, or married sons or daughters.
Form I-130 approval confirms a qualifying family relationship for immigration purposes. It does not by itself give the beneficiary a Green Card, immigration status, or permission to enter the United States.
Think Your Relative Qualifies for Form I-130?
ImmigrationDirect can help you prepare Form I-130 with guided questions, step-by-step support, and a review for missing or inconsistent responses before filing.
ImmigrationDirect is not USCIS and does not determine eligibility or approve petitions. USCIS makes the final decision on every Form I-130 petition.
What Is Form I-130 and What Does It Establish?
Form I-130, Petition for Alien Relative, is the USCIS form used to establish that a qualifying family relationship exists between a petitioner and a foreign national relative.
The petitioner must have a qualifying immigration status, and the beneficiary must fall within a family category allowed under U.S. immigration law. When USCIS approves Form I-130, it confirms the qualifying relationship for immigration purposes.
USCIS uses Form I-130 to determine whether the claimed family relationship qualifies under U.S. immigration law.
Approval establishes that relationship for immigration purposes and allows the case to proceed under the applicable immigrant category.
Once you confirm the relationship qualifies, review the documents required for Form I-130 before preparing the petition.
Who Is the Petitioner and Who Is the Beneficiary on Form I-130?
Form I-130 uses two different terms for the people involved in the petition:
| Term | Meaning |
|---|---|
| Petitioner | The qualifying U.S. citizen, lawful permanent resident, or qualifying U.S. national who files Form I-130 |
| Beneficiary | The qualifying family member for whom the petition is filed |
The beneficiary does not file Form I-130 for themselves. The petitioner files the form to establish the qualifying family relationship.
The petitioner must also have the immigration status required for that relationship. For example, some relatives can be petitioned for only by U.S. citizens, while others may also qualify when the petitioner is a lawful permanent resident.
For a broader overview of the petition, see our Form I-130 guide.
Who Can a U.S. Citizen Sponsor With Form I-130?
A U.S. citizen can file Form I-130 for certain close family members. The immigration category depends on the relative’s relationship to the petitioner, age, and marital status.
| Relative | I-130 Category |
|---|---|
| Spouse | Immediate Relative |
| Unmarried child under 21 | Immediate Relative |
| Parent | Immediate Relative, if the U.S. citizen petitioner is at least 21 |
| Unmarried son or daughter age 21 or older | F1 – Family First Preference |
| Married son or daughter | F3 – Family Third Preference |
| Brother or sister | F4 – Family Fourth Preference, if the U.S. citizen petitioner is at least 21 |
If you are filing for a husband or wife, see how to file Form I-130 for a spouse.
Immediate relatives are limited to a U.S. citizen’s spouse, unmarried child under 21, and parent. A parent petition can be filed only when the U.S. citizen is at least 21 years old.
For the complete process, see how to file Form I-130 for parents.
Adult unmarried sons and daughters fall under the F1 category, while married sons and daughters fall under F3. Brothers and sisters fall under F4, and the petitioner must also be at least 21 to file for a sibling.
Learn more about sponsoring children, sons, and daughters for a Green Card. See how the Green Card process for siblings works.
These category differences matter because not every child of a U.S. citizen is classified as an immediate relative.
Who Can a Green Card Holder Sponsor With Form I-130?
A lawful permanent resident, or Green Card holder, can file Form I-130 for certain family members, but the eligible relationships are more limited than those available to U.S. citizens.
| Relative | I-130 Category |
|---|---|
| Spouse | F2A – Family Second Preference |
| Unmarried child under 21 | F2A – Family Second Preference |
| Unmarried son or daughter age 21 or older | F2B – Family Second Preference |
See the complete guide to Green Card holders sponsoring children, sons, and daughters.
A Green Card holder cannot file Form I-130 for a parent, brother or sister, or married son or daughter.
The key distinction is marital status. An unmarried son or daughter age 21 or older may qualify under the F2B category, but there is no family-preference category for a married son or daughter of a permanent resident.
If an F2B beneficiary marries before becoming a permanent resident, the beneficiary can lose eligibility under that category because F2B is limited to unmarried sons and daughters of lawful permanent residents.
Can a U.S. National File Form I-130?
Yes. Certain non-citizen U.S. nationals may file Form I-130 for qualifying relatives under rules generally similar to those that apply to lawful permanent residents.
This can include qualifying U.S. nationals from American Samoa or Swains Island. Because filing rights depend on the petitioner’s specific status and family relationship, check the current USCIS Form I-130 instructions before filing to confirm which relatives may qualify.
Immediate Relative vs. Family Preference I-130 Categories
Form I-130 family categories depend on both the petitioner’s immigration status and the relationship to the beneficiary.
| Petitioner status | Relative | Category |
|---|---|---|
| U.S. citizen | Spouse | Immediate Relative (IR) |
| U.S. citizen | Unmarried child under 21 | Immediate Relative (IR) |
| U.S. citizen age 21+ | Parent | Immediate Relative (IR) |
| U.S. citizen | Unmarried son or daughter age 21+ | F1 |
| Lawful permanent resident | Spouse or unmarried child under 21 | F2A |
| Lawful permanent resident | Unmarried son or daughter age 21+ | F2B |
| U.S. citizen | Married son or daughter | F3 |
| U.S. citizen age 21+ | Brother or sister | F4 |
USCIS explains these classifications in the Form I-130 instructions.
Immediate relative categories apply only to qualifying relatives of U.S. citizens. Petitions filed by lawful permanent residents fall under the family-preference categories, such as F2A and F2B.
Do You Need a Separate Form I-130 for Each Relative?
In many cases, yes, but not always.
For immediate relatives of U.S. citizens, a separate Form I-130 is generally required for each qualifying relative. For example, if a U.S. citizen is petitioning for both a spouse and a parent, each relative generally needs a separate petition.
In certain family-preference cases, however, the principal beneficiary’s spouse or unmarried child under age 21 may qualify as a derivative beneficiary and may not need a separate Form I-130.
Whether a separate petition is required depends on the petitioner’s status, the beneficiary’s family-preference category, and the relationship of any accompanying family members to the principal beneficiary.
Which Relatives Cannot Be Sponsored With Form I-130?
Form I-130 cannot be used for every family relationship. A petitioner generally cannot file Form I-130 directly for a:
- grandparent;
- grandchild;
- aunt or uncle;
- niece or nephew;
- cousin; or
- parent-in-law.
A fiancé(e) is also not considered a spouse for Form I-130 purposes because the marriage has not yet taken place.
Lawful permanent residents have additional limits. A Green Card holder cannot file Form I-130 for a parent, brother or sister, or married son or daughter.
These are relationship-based eligibility limits. Other issues, such as adoption rules, step relationships, prior marriage history, or marriage-fraud findings, can affect otherwise qualifying relationships and should be reviewed separately.
Special Situations That Can Affect Form I-130 Eligibility
Some family relationships may appear to qualify for Form I-130 but are subject to additional USCIS rules. These situations do not always make a petition ineligible, but they can change whether Form I-130 may be approved.
These restrictions and exceptions are described in the USCIS Form I-130 Instructions.
Adopted Children and Adoptive Parents
For most Form I-130 adoption cases, the adoption must have taken place before the child turned 16. A limited exception may apply when siblings are adopted, allowing an older sibling adopted before age 18 to qualify.
The required legal-custody and joint-residence rules must also be met.
Stepparents and Stepchildren
A qualifying stepparent-stepchild relationship generally must have been created by marriage before the child turned 18.
If the marriage creating the step relationship occurred after the child’s 18th birthday, the relationship generally does not qualify for Form I-130.
Proxy or Non-Present Marriage Ceremonies
A spouse may not qualify if both spouses were not physically present at the marriage ceremony. However, USCIS may recognize the marriage for Form I-130 purposes if the marriage was later consummated.
Petitioner Obtained a Green Card Through a Prior Marriage
A lawful permanent resident who obtained permanent residence through a prior marriage generally cannot immediately file Form I-130 for a new spouse.
Exceptions may apply if the petitioner has been an LPR for at least five years, has naturalized, can establish that the earlier marriage was not entered into to evade U.S. immigration law.
Marriage During Removal or Related Proceedings
Additional restrictions may apply when the marriage occurred while the beneficiary was in exclusion, deportation, removal, or rescission proceedings.
USCIS provides limited exceptions, including a bona fide marriage exemption when the required standard can be met.
Prior Marriage-Fraud Finding
USCIS will not approve Form I-130 if it determines that the beneficiary previously entered into, attempted to enter into, or conspired to enter into a marriage to evade U.S. immigration laws.
This marriage-fraud bar can affect an otherwise qualifying family petition.
USCIS Family-Based Petition Policy Update
Last reviewed: September 2026
On August 1, 2025, USCIS updated its family-based immigrant petition guidance to consolidate and clarify how officers review family-based petitions, including Form I-130.
The guidance addresses eligibility, documentation and evidence, related or multiple petitions, interviews, screening and vetting, and adjudication.
The update did not create new basic family categories for Form I-130. U.S. citizens, lawful permanent residents, and certain U.S. nationals may still petition only for relatives allowed under existing immigration law.
The update mainly provides more consistent guidance on how USCIS evaluates those petitions and supporting evidence.
Does I-130 Eligibility Mean Green Card Eligibility?
No. Form I-130 eligibility only determines whether a qualifying family relationship can be petitioned for under U.S. immigration law.
Even if USCIS approves Form I-130, that approval does not:
- grant lawful permanent resident status;
- give the beneficiary permission to enter the United States; or
- guarantee that the beneficiary will receive a Green Card.
After I-130 approval, the beneficiary may still need to meet other immigration requirements. Depending on the case, these can include visa availability, admissibility, and eligibility for Adjustment of Status or consular processing.
If you are also comparing timelines, see the current Form I-130 processing times.
In short, Form I-130 establishes the qualifying family relationship. Green Card eligibility is determined separately under the rules that apply to the beneficiary’s immigration case.
Learn more about what happens after Form I-130 is approved.
FAQs About Form I-130 Eligibility
Can a U.S. citizen file Form I-130 for a stepparent?
Yes, if the marriage that created the stepparent relationship occurred before the petitioner turned 18 and the other eligibility requirements are met. USCIS may require evidence showing how the step relationship was created.
Can a Green Card holder file Form I-130 for a married child?
No. A lawful permanent resident may petition for an unmarried child under 21 or an unmarried son or daughter age 21 or older. There is no family-preference category for a married son or daughter of a Green Card holder.
Can a U.S. citizen file Form I-130 for a cousin?
No. Cousins are not qualifying relatives for Form I-130. U.S. citizens may file for certain spouses, children, sons or daughters, parents, and siblings, but not for cousins, aunts, uncles, nieces, nephews, grandparents, or grandchildren.
Can I file one Form I-130 for multiple family members?
Usually not for immediate relatives. A separate Form I-130 is generally required for each qualifying immediate relative. In some family-preference cases, however, a principal beneficiary’s spouse or unmarried child under 21 may qualify as a derivative beneficiary.
Can a Green Card holder file Form I-130 for a parent?
No. A lawful permanent resident cannot file Form I-130 for a parent. Only a U.S. citizen who is at least 21 years old may petition for a mother or father using Form I-130.
Preparing to File Form I-130?
Before filing Form I-130, confirm that the petitioner has the required immigration status, the family relationship qualifies, and the beneficiary is placed in the correct family category.
ImmigrationDirect can help you prepare Form I-130 with guided questions, step-by-step support, help organizing the information needed for filing, and a review for missing or inconsistent responses.
ImmigrationDirect is not USCIS and does not determine eligibility or approve petitions. USCIS makes the final decision on every Form I-130 petition.
