What is a Form I-130?
An I-130 is the form used to apply for permanent residence based on a family relationship with a U.S. citizen or lawful permanent resident. The U.S. citizen or lawful permanent resident is the “petitioner†and files the application. The relative for whom the application is being filed is the “beneficiary.â€
What are the Requirements for a Family-Based Permanent Residence Petition Using Form I-130?
Generally, the beneficiary must have the required family relationship to the petitioner and must not otherwise be excludable.
The petitioner completes Form I-130 and all other required documents on behalf of the beneficiary then waits for approval. If the beneficiary qualifies as an “immediate relative†he or she can file Form I-485 for lawful permanent resident status at the same time. Otherwise, the beneficiary must wait for his/her priority date to become current before filing Form I-485.
Are Dependents of a Beneficiary Eligible for Permanent Residence? The answer depends on the age and relationship of the dependent to the beneficiary.
When a U.S. citizen files an I-130 application for a husband/wife, child under 21 years old, or parent, dependents are NOT eligible for permanent residence. An Individual I-130 petition must be filed for each dependent relative.
When a U.S. citizen files an I-130 application for an unmarried minor child, married son or daughter; or a sibling beneficiary, or when a U.S. lawful permanent resident files any I-130 petition, all of the beneficiary's children under 21 years old and as well as the beneficiaries spouse are entitled to permanent residence when the priority date of the approved I-130 petition becomes current.
If the priority date for the I-130 application is current awhile the beneficiary and dependents are already in the U.S., they may adjust their status to permanent residence by filing Form I-485.
How Long is this Visa Valid?
The I-130 results in a permanent residence visa or Green Card. It is valid indefinitely.
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