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.”

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?

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.