The filing of the I-130 Visa Petition is often the first step of the immigration process for family-based immigration cases. The US Citizen or lawful permanent resident files the I-130 with US Citizenship and Immigration Services in order to establish the familial relationship with the beneficiary who wishes to immigrate to the United States.

In the adjustment of status context, the I-130 visa petition is filed either before or at the same time as the I-485 adjustment of status application. In consular processing situations, the I-130 is filed before the visa application and visa interview at the consulate. In most situations, an I-130 is necessary; however, certain widows and widowers may self-petition by filing an I-360. Additionally, battered spouses and children of abusive US Citizens and lawful permanent residents may self-petition using the I-360 form.

There are four family-based immigration preference categories. Aspiring immigrants must fall within one of the four preference categories in order to immigrate to the United States. Wait times for immigrating to the United States depend on the immigrants preference category.

First Preference: Unmarried, adult sons and daughters of US citizens. Adult means 21 years or older.

Second Preference: Spouses of lawful permanent residents, their unmarried children, who are under 21 years of age, and the unmarried sons and daughters (over 21 years of age) of lawful permanent residents.

Third Preference: Married sons and daughters of US citizens.

Fourth Preference: Brothers and sisters of adult US citizens.

Unlike the four preference categories, immediate relatives of US citizens are not required to wait for an immigrant visa number to become available.

Some individuals are ineligible to file the I-130 as a petitioner. For example, US Citizens and lawful permanent residents who have been convicted of any specified offense against a minor may not file an I-130 visa petition. Additionally, these individuals may not file an I-129 petition for a fiancé visa.

If the petitioner of an I-130 visa petition passes away, the visa petition is automatically revoked; however, it may be possible to reinstate the visa petition after the petitioner dies.

Also See: Immediate Relative Visa Petition
Also See: Reinstating Visa Petition Due to Deceased Petitioner

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