Submitting Form I-130, Petition for Alien Relative is the first step in helping an eligible relative apply to immigrate to the United States and get a Green Card. The filing or approval of this petition does not give your relative any immigration status or benefit.

We will generally approve your Form I-130 if you can establish a relationship between you and your relative that qualifies them to immigrate to the United States. Generally, once we approved the petition, your relative may apply to become an LPR (get a Green Card). If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Certain relatives must wait until a visa number is available before they can apply for either a Form I-485 (to adjust their status if they are in the United States) or for a visa (if they are outside the United States). If your relative qualifies as an immediate relative, however, an immigrant visa is always available.

If your relative is already in the United States but is not eligible to get their Green Card by filing Form I-485, either because a visa is not immediately available or for another reason, they may apply for an immigrant visa with the U.S. Department of State at the U.S. embassy or consulate in their country. For more information on eligibility and process for applying for a Green Card, please visit our Green Card Eligibility Categories page.

When completing Form I-130, please make sure that you (as the petitioner) select only 1 option when indicating that the beneficiary intends to apply for adjustment of status inside the United States or will pursue visa processing abroad. If the Form I-130 is still pending with us and you want to change your selection (to either consular processing abroad or adjust status in the United States), you may contact the USCIS Contact Center and request a change. If you want to change your selection after we have already approved the form, you may need to file Form I-824, Application for Action on an Approved Application or Petition.

Immigration Law is very complex and often changes. Our experienced FirstCall Lawyers can help you navigate the very complicated ways of this immigration process. We represent clients throughout the United States and also in San Diego, San Diego North County, Orange, Anaheim and Los Angeles.