What is the purpose of the family Petition?
A person can obtain his or her permanent residence in the U.S. if he or she has a close family relative in the U.S. This process is started when the U.S. citizen or permanent resident files a petition for alien relative (Form I-130) with INS on behalf of his relative. However, not all family relatives can qualify to obtain permanent residence.

Who can U.S. citizens petition for permanent residence?
A U.S. citizen may file a petition for alien relative on behalf of his spouse, son, daughter, parents, brother or sister so that this individual can later apply for adjustment of status in the U.S. or for an immigrant visa at a U.S. Embassy.

Who can permanent residents petition for permanent residence?
A permanent resident of the U.S. may file a petition for alien relative on behalf of his spouse, and unmarried sons or unmarried daughters.

What are the filing fees?
The filing fees to file a petition for alien relative with INS is $110. This amount may be paid via a certified check or money order payable in U.S. currency.

When can the family relative apply for an immigrant visa or adjustment of status to permanent resident?
The relative of the U.S. citizen or permanent resident may apply for permanent residence or submit his or her application for an immigrant visa once the priority date of his petition (I-130) has been reached. The priority date is the date when the petition for alien relative was properly filed with the INS Service Center. To determine when a priority date has been reached please review our web site under the section titled Priority Dates.

Only the immediate relatives of a U.S. citizen may submit their petition for alien relative and, if they qualify, an application for adjustment of status at the same time with the local INS district office. Please see our web site under the section titled Adjustment of Status for information as to this process.

Which family members are considered to be the immediate relatives of a U.S. citizen?
Immediate relatives of U.S. citizens are the spouses, minor and single children (under 21) and parents

Disclaimer:
The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Please note that information as well as government fees are subject to change without notice. For current fees and information contact the respective government agency directly.