Form I-130: who can petition for whom

Updated July 2026 · 5 min read

Form I-130 (Petition for Alien Relative) is the first step for a U.S. citizen or lawful permanent resident (LPR) to petition for a relative. The catch is that not everyone can petition for the same relatives, and that difference completely changes which documents you need and how long the process can take.

If you're a U.S. citizen

You can file an I-130 petition for:

• Your spouse
• Your unmarried children, regardless of age
• Your married children, regardless of age
• Your parents (only if you are 21 or older)
• Your siblings (only if you are 21 or older)

If you're a lawful permanent resident (green card holder)

Your list is shorter. As an LPR, you can only file an I-130 petition for:

• Your spouse
• Your unmarried children, regardless of age

A permanent resident cannot petition for married children, parents, or siblings. This is, by far, the most common confusion we see: families assuming a green card is enough to petition for any close relative, when the law only allows it for spouse and unmarried children.

Why your relationship category matters

Not all petitions move at the same pace. Petitions for spouses, unmarried children under 21, and parents of a U.S. citizen ("immediate relative" categories) have no annual visa cap. Every other category does, which means a waiting line whose length shifts over time depending on country of origin and specific category. Always confirm the current estimated wait with an official source before making plans around a date.

Documents change depending on who you're petitioning for

Beyond the petitioner's identity and immigration status, each category asks for its own proof of the relationship:

• Spouse: marriage certificate, evidence of shared life
• Children: birth certificate showing the relationship to the petitioning parent
• Parents: the citizen's birth certificate showing that parent
• Siblings: both siblings' birth certificates showing at least one shared parent

We cover the full list of identity and immigration-history documents in this article on documents for your immigration petition.

Adjustment of status or consular processing

Once a petition is approved, the relative can complete the process within the United States (adjustment of status) or at a consulate in their home country (consular processing), depending on where they are and their current immigration situation. Each path involves its own set of additional forms.