Understanding Family Petitions (Form I-130): Your First Step Toward Reuniting with Loved Ones

Family Petition (Form I-130): Reuniting with Loved Ones

Reuniting families is at the heart of the U.S. immigration system. Through the family petition process, U.S. citizens and lawful permanent residents (green card holders) can sponsor certain relatives to live and work legally in the United States. This process begins with Form I-130, Petition for Alien Relative, filed with U.S. Citizenship and Immigration Services (USCIS).

What Is a Family Petition?

A family-based petition establishes the qualifying relationship between a sponsor (the U.S. citizen or resident) and the immigrant family member. Once USCIS approves the petition, the relative may apply for a green card either through Adjustment of Status (Form I-485) if already in the U.S., or through Consular Processing (Form DS-260) if living abroad.

Who Can Be Sponsored?

U.S. citizens can petition for:

• Their spouse

• Unmarried children under 21

• Married children of any age

• Parents (if the petitioner is over 21)

• Siblings (if the petitioner is over 21)

Lawful permanent residents can petition for:

• Their spouse

• Their unmarried children (under or over 21)

Family-Based Immigration Categories

Family petitions fall into two main groups:

Immediate Relatives:These are the closest family members of U.S. citizens — spouses, unmarried children under 21, and parents. There’s no waiting period for a visa; one is always available.

Family Preference Categories: All other relatives (such as adult children or siblings) fall into visa preference categories (F1 through F4). These categories are subject to annual visa limits, meaning there’s often a waiting period before the relative can move forward with their green card application. The Visa Bulletin, published monthly by the U.S. Department of State, determines when each applicant’s turn comes.

Basic Requirements for Filing Form I-130

To file successfully, the sponsor must:

1. Be a U.S. citizen or lawful permanent resident.

2. Provide proof of a valid family relationship (such as a birth or marriage certificate).

3. Meet financial sponsorship requirements, typically through Form I-864, Affidavit of Support, to show the immigrant won’t become a public charge.

4. Submit supporting evidence such as proof of U.S. status and the relative’s civil documents

Next Steps After Approval

If your relative is in the U.S. and a visa is immediately available, they may file Form I-485 to adjust status. If they’re abroad, the case goes to the National Visa Center (NVC) for the consular interview, where they’ll complete Form DS-260 before receiving their immigrant visa.

Common Mistakes to Avoid

• Filing for someone who is not eligible, like a cousin, grandparent, or in-law.

• Submitting incomplete or inconsistent documentation.

• Failing to review the Visa Bulletin, which can delay the process.

• Not updating USCIS when there are changes in address, marital status, or petitioner status.

How PennySmart Group Can Help

At PennySmart Group, we help families navigate the I-130 petition and consular process with confidence. From gathering supporting documents to completing your Form DS-260, our bilingual team ensures your petition is done accurately, affordably, and on time — without the high cost of an attorney.

Ready to reunite your family? Call us today at 941-282-5787, chat, or message us today for step-by-step help with your Family Petition (I-130) and Visa Process (DS-260).