The purpose of this Form is for a citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States.

Note: A separate form must be filed for each eligible relative. USCIS processes Form I-130, Petition for Alien Relative, as a visa number becomes available. Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident.

Requirements:

U.S. Citizens

If you are a U.S. citizen applying to bring a child or son or daughter to the United States to live and you are the mother of the child, you must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130, Petition for Alien Relative
• A copy of your birth certificate or U.S. passport
• If you were not born in the United States, a copy of either:
  • Your Certificate of Naturalization or Citizenship or
  • Your U.S. passport
• A copy of the child’s birth certificate showing your name and the child’s name
• If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130, Petition for Alien Relative
• A copy of your birth certificate or U.S. passport
• If you were not born in the U.S., a copy of either:
  • Your Certificate of Naturalization or Citizenship or
  • Your U.S. passport
• A copy of the child’s birth certificate showing the child’s name and the names of both parents
• A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)
• A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
• Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.
• If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

If you are a U.S. citizen and the adoptive parent of a child or son or daughter who lived with you in your legal custody for two years while a child, you must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130, Petition for Alien Relative
• A copy of your birth certificate or U.S. passport
• If you were not born in the U.S., a copy of either:
  • Your Certificate of Naturalization or Citizenship or
  • Your U.S. passport
• A copy of the child’s birth certificate showing the child’s name.
• A certified copy of the adoption decree (the adoption must have taken place before the child reached the age of 16, with only one exception: if you adopted the child’s sibling who had not yet reached age 16, the older sibling must have been adopted before reaching the age of 18)
• The legal custody decree if you obtained custody of the child before adoption
• A statement showing the dates and places your child has lived with you, and proof that your child has lived with you and has been in your legal custody for at least two years.
• If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

Lawful Permanent Residents

If you are a lawful permanent resident applying to bring an unmarried, minor child or an unmarried son or daughter to the United States to live and you are the mother of the child, you must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130, Petition for Alien Relative
• A copy of your alien registration card
• A copy of the child’s birth certificate showing your name and the child’s name
• If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

If you are a lawful permanent resident and the father or stepparent of the child, you must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130, Petition for Alien Relative
• A copy of your alien registration receipt card
• A copy of the child’s birth certificate showing the child’s name and the names of both parents
• A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)
• A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
• Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father has made financial contributions in support of the child. A blood test proving paternity may be necessary.
• If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted

If you are a lawful permanent resident and the adoptive parent of the child or unmarried son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130, Petition for Alien Relative
• A copy of your alien registration receipt card
• A copy of the child’s birth certificate showing the child’s name
• A certified copy of the adoption decree (The adoption must have taken place before the child reached the age of 16. One exception: if you adopted the child’s sibling who had not yet reached age 16, the older sibling must have been adopted before reaching the age of 18.)
• The legal custody decree if you obtained custody of the child before adoption
• A statement showing the dates and places your child has lived with you, and proof that your child has lived with you and has been in your legal custody for at least two years
• If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

Beneficiaries Who Wish to Bring Children:

How do I bring my children to the U.S. if I am the beneficiary of the petition? If your U.S. citizen parent, brother or sister is petitioning for you on Form I-130, Petition for Alien Relative, and you are married, your spouse and/or children do not require a separate visa petition. If you are unmarried and 21 years of age or older, your children do not require a separate visa petition. In both cases, your spouse and/or children will be included in the visa petition your immediate relative is filing for you. If you are unmarried and under 21 years of age, you will need to file a petition for your children once you obtain lawful permanent resident status.

How we can help you:

At the Law Office of Moona Shakil, an experienced senior attorney would help preparing your I-130 Petition for Alien Relative Application.  Our immigration attorney would consult with you to discuss your options.  Our mission is to provide prompt, high quality legal services to benefit the lives of our clients. We handle almost all types of immigration visas, and our attorneys understand that communication is a key to success. You need confidence that your lawyer understands your problem and is working with you to achieve results. Call us to find out how we provide superior service to our clients.

Disclaimer: The information provided on this website is for informational purposes only and is not intended to be relied upon as legal advice. The use of the information on this website creates no attorney client relationship between the user and the Law Office of Moona Shakil, PLLC or its attorneys. There is no substitute for a face to face consultation with a lawyer. If you have legal questions, you must contact an experienced attorney immediately.