Family Petition with USCIS Form I-130: The First Step to Reuniting Families

Manny Ramirez
6 days ago
2 min read

When U.S. citizens or lawful permanent residents want to help a family member immigrate to the United States, the process begins with Form I-130, Petition for Alien Relative. This form is the foundation of family-based immigration and establishes the legal relationship between the petitioner and the relative who seeks residency.

Who Can File Form I-130?

U.S. citizens can file for spouses, children (married or unmarried, of any age), parents, and siblings.
Lawful permanent residents (green card holders) can file for spouses and unmarried children (under or over 21).

It’s important to note that the petition does not, by itself, grant a visa or green card. Instead, it creates a place in line for your relative to apply for permanent residency once a visa becomes available.

What Happens After USCIS Approves the I-130?

Once the I-130 is approved, the next steps depend on whether the family member is already in the United States or living abroad:

1. Adjustment of Status (Form I-485)

Used when the beneficiary is already in the U.S. on a valid status or otherwise eligible.
The family member applies for a green card directly with USCIS by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
If a visa number is immediately available (for immediate relatives of U.S. citizens), the I-130 and I-485 may even be filed together (“concurrent filing”).

2. Consular Processing (Form DS-260)

Used when the family member is outside the U.S.
After I-130 approval, the case is forwarded to the National Visa Center (NVC).
The beneficiary completes Form DS-260, Immigrant Visa Application, online with the U.S. Department of State and attends an interview at a U.S. embassy or consulate abroad.
Once approved, the beneficiary receives an immigrant visa and enters the U.S. as a permanent resident.

Key Differences Between I-485 and DS-260

Feature	Form I-485 (Adjustment of Status)	Form DS-260 (Consular Processing)
Location	Filed within the U.S.	Filed outside the U.S. (at a consulate/embassy)
Agency	USCIS	Department of State
Work Authorization	Eligible to apply for work/travel permit (EAD/AP) while waiting	Cannot work in the U.S. until arriving with immigrant visa
Interview	Local USCIS office	U.S. consulate abroad
Travel Considerations	Must maintain lawful presence	Waits abroad until visa is granted

Why the Process Matters

Choosing the correct path (I-485 vs. DS-260) can make a big difference in timing, costs, and convenience for families. While both routes lead to permanent residency, each comes with its own set of requirements, forms, and processing times.

How PennySmart Group Can Help

Don’t risk delays or mistakes in your family petition. PennySmart Group helps you complete Form I-130, I-485, and DS-260 accurately and affordably. Our bilingual team (English/Spanish) makes the process easier to understand and less stressful.

📞 Call us at 941-282-5787 or visit www.pennysmartgroup.com to get started today.

Disclaimer: PennySmart Group is not a law firm. We are immigration form specialists, not attorneys, and cannot provide legal advice. If your case requires legal representation, we can refer you to trusted immigration attorneys.