• UBIQUITY USA

Who May File Form I-130?

Updated: Aug 23, 2019

1. If you are a U.S. citizen, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for:


A. Your spouse;

B. Your unmarried children under 21 years of age;

C. Your unmarried sons or daughters 21 years of age or older;

D. Your married sons or daughters of any age;

E. Your brothers or sisters (you must be 21 years of age or older); and

F. Your mother or father (you must be 21 years of age or older).


2. If you are a lawful permanent resident of the United States, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for:


A. Your spouse;

B. Your unmarried child under 21 years of age; and

C. Your unmarried son or daughter 21 years of age or older.


NOTE:


1. If you are filing for your spouse, he or she must complete and sign Form I-130A, Supplemental Information for Spouse Beneficiary. If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A. Form I-130A must be submitted with Form I-130.


2. There is no visa category for married children of lawful permanent residents. If you are a lawful permanent resident and you filed Form I-130 for your unmarried son or daughter, but your son or daughter marries before immigrating to the United States or adjusting status to lawful permanent resident, we will deny or automatically revoke your petition.


3. Non-citizen U.S. nationals (as defined in the Immigration and Nationality Act (INA) section 308) have the same rights as lawful permanent residents to petition for family members. If you are a U.S. national born in American Samoa or Swains Island (or who otherwise qualifies as a non-citizen U.S. national, as described in INA section 308), you should indicate in Part 2., Item Number 36. of the petition that you are a lawful permanent resident. You do not need to list an Alien Registration Number (A-Number) in Part 2., Item Number 1. of the petition.


4. If the beneficiary qualifies under Items 1.C., 1.D., or 1.E. above, you are not required to file separate petitions for the beneficiary’s spouse or unmarried children under 21 years of age. They are considered derivative beneficiaries and you should list them in Part 4. of this petition. Form I-130 Instructions 02/13/19 Page 2 of 12


5. If you are the lawful permanent resident petitioner and the beneficiary qualifies under Items 2.A., 2.B., or 2.C. above, you are not required to file separate petitions for the beneficiary’s unmarried children under 21 years of age. They are considered derivative beneficiaries and you should list them in Part 4. of this petition.


6. The derivative beneficiaries described in Items 4. and 5. above may apply for an immigrant visa along with the beneficiary.


CR: https://www.uscis.gov/i-130


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