Who Can Apply for an I130? As an immigration attorney myself, sometimes I get asked by clients exactly who can file an I130. I get asked all the time as to whom exactly needs to do the petition for one of their relatives. Well, here is the best answer I can provide.
A U.S. citizen or a legal permanent resident, “green card holder”, can petition for immigration benefits for relatives. Each has their own way that they can apply and their own restrictions. They are also different in other aspects discussed elsewhere on this website and in our YouTube videos.
U.S. citizens enjoy the widest options for whom they can petition for when filing an I130. They can petition for their spouse, a child who is under twenty-one years of age and who is not married, a child who is over the age of twenty-one and who is not married, a child of any age, their brothers and sisters, and their mothers and fathers. These are all subject to the possible criminal records and other restrictions the relative they petition for may possess.
Legal permanent residents can petition for a spouse an unmarried child under twenty-one and an unmarried child over twenty-one. Again, these are all subject to the possible criminal records and other restrictions the relative they petition for may possess.
Who can apply for an I130? We hope we answered your question and thank you for reading.
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