Back 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". What Are The Requirements For A Family-Based Permanent Residence Petition Using Form I-130? How Long Is This Visa Valid? Are Dependents Eligible For Permanent Residence? What Is The Application Fee: Full ServiceFast Forms 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: Petitioner files I-130 and obtains approval, and When priority date for I-130 petition is current, beneficiary files I-485 application for adjustment of status. Please review the Department of State processing times for priority date information. 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.

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