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Who Can File Form I-130?

There is a difference between citizens and lawful permanent residents (meaning residents with green cards) when it comes to whom you may file Form I-130 for.

If you are a United States citizen you may file Form I-130 for numerous relatives, including:

  •   Your spouse
  •   Your unmarried child under age 21
  •   Your unmarried son or daughter age 21 or older
  •   Your married son or daughter of any age
  •   Your brother(s) or sister(s) if you are 21 or older; and
  •   Your mother or father if you are 21 or older.

However, if you’re a lawful permanent resident you may only file the Form for:

  •   Your spouse
  •   Your unmarried child under age 21; and
  •   Your unmarried son or daughter age 21 or older.

If you want to file for more than one relative, you must complete a separate Form for each individual. There is no limit to the number of Forms you can submit as long as each relative fits into the categories listed under “citizen” or “lawful permanent resident” above.

Updated on January 15, 2020

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