Relative-based immigrant petition (I-130)

One of the most common ways of applying for Lawful Permanent Resident (LPR) status is through a family member who is already a U.S. citizen or LPR. This relative may be a spouse (husband or wife), a parent, a child aged 21 or older, or a sibling (brother or sister). Spouses, parents, and children below age 21 of U.S. citizens are “immediate relatives” who do not have a waiting list.  Other family members may have visa backlogs that mean a visa will not be available for many years. The State Department publishes a visa bulletin each month showing the backlog for different categories.   Adopted children and step-children may be sponsored by their adoptive parents or stepparents subject to certain requirements.  These requirements are complex, and depend upon multiple factors including the child’s age at the time of the adoption or marriage. 

The US citizen or LPR sponsor (petitioner) must be able to provide proof of the following:

  • U.S. citizenship or LPR status
  • Relationship to the applicant (beneficiary)
  • Ability to support beneficiary (show income 125% above poverty line)

There are also provisions for fiancees of U.S. citizens.  For more complete information about relative-based adjustment, please see the USCIS Relative petition page.


The content of this website is meant only to acquaint you with general information about immigration.This information is not legal advice and is not a substitute for having a consultation with an attorney. If you have additional questions or would like to schedule a consultation, please contact us.