U.S. citizen or permanent resident may file an I-130 to sponsor their “eligible relatives”.
U.S. citizens can file the petition for these eligible relatives:
- Spouses;
- Unmarried child under 21 years old
- Unmarried son or daughter over 21
- Married son or daughter of any age
if you are at least 21 years old
- Parents(mother or father)
- Siblings (brothers or sisters)
Lawful permanent residents or Green Card Holders can file for:
- Spouse
- Unmarried children(son or daughter) of any age
Who is NOT Eligible?
- An adoptive parent or adopted child, if the adoption took place after the child turned 16 years of age, or the child has not been in the legal custody of the parents and lived with the parents for at least 2 years before filing the petition.
- A natural parent in cases where a petitioner gained lawful permanent resident status or U.S. citizenship through adoption or as a special immigrant juvenile.
- A stepparent or stepchild, if the marriage that created the relationship took place after the child turned 18 years of age;
- A spouse in cases where both the petitioner and the spouse weren’t present at the marriage ceremony unless the marriage has been consummated
- A spouse in cases where the petitioner gained green card status through a prior marriage to a U.S. citizen or a lawful permanent resident, unless the petitioner is:
- Now naturalized U.S. citizen
- Green Card holder for at least 5 years
- Spouses who are involved in immigration court proceedings for removal, exclusion, deportation or rescission proceeding or appeal.
- A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law.