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Green Card: I-130

I-130 is a petition used to apply for permanent residence based on a family relationship with a U.S. citizen or lawful permanent resident of the U.S. The U.S. citizen or U.S. lawful permanent resident is the I-130 "petitioner" and files the application. The relative the application is being filed for is the "beneficiary".

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What Are The Requirements For A Family-Based Permanent Residence Petition Using Form I-130?

Note:  When a U.S. citizen petitioner files an I-130 petition for a husband or wife, child under 21 years old, or parent beneficiary, and the beneficiary is currently in the U.S., an I-485 application for permanent residence may be filed at the same time because the beneficiary is immediately eligible for permanent residence.

For all other I-130 beneficiaries, obtaining permanent resident status in the U.S. is a two-part process:

  1. Petitioner files I-130 and obtains approval, and
  2. When priority date for I-130 petition is current, beneficiary files I-485 application for adjustment of status.

How Long Is This Visa Valid?

This is a permanent residence visa and is valid indefinitely. If the priority date for the I-130 application is current and the beneficiary and dependents are in the U.S., they may adjust their status to permanent residence by filing USCIS Form I-485.

Are Dependents Eligible For Permanent Residence?

This depends on the dependent's age and relationship to the beneficiary.   When a U.S. citizen petitioner files an I-130 application for a husband/wife, child under 21 years old, or parent, dependents are NOT eligible for permanent residence.   Individual I-130 petitions must be filed for the dependent relatives.  When a U.S. citizen petitioner files an I-130 application for an unmarried son or daughter 21 years old or older, married son or daughter, or brother/sister beneficiary, or when a U.S. lawful permanent resident files any I-130 petition, all children under 21 years old and the spouse of the beneficiary are entitled to permanent residence when the priority date of the approved I-130 petition is current. If the priority date for the I-130 application is current and the beneficiary and dependents are in the U.S., they may adjust their status to permanent residence by filing USCIS Form I-485.
 

Family-Based Green Cards

What is a family-based Green Card?

A Family-based Green Card application includes the appropriate immigrant visa application (I-130,as well as the application for permanent resident status (I-485) This category includes all "quota" and "non-quota" Family-based immigration applications.

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Resources

As immigration is a complex and ever-changing field, current information is essential.  VISANOW is a leading provider of information on immigration-related topics, such as regulations, processing times, government agency news and general immigration updates.  We accomplish this through a variety of methods, including our monthly newsletter the VISANOW Voice and a variety of online resources.

The VISANOW Voice - VISANOW's newsletter on current immigration issues and related information.
Processing Times - Review current government agency processing times.
Immigration Law Library - A library of immigration articles and information.
Industry Links - Get connected to related sources of immigration information.


 

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