The I-130 petition: the first step to a family green card
Form I-130, the Petition for Alien Relative, is how a U.S. citizen or green-card holder asks the government to recognize a family relationship. It does not, by itself, hand anyone a green card — but nothing else in a family case can move until the I-130 is on file and approved. We prepare it as a flat-fee, attorney-handled package so the foundation of your case is solid from day one.
Every petition on this page is one of these moments, on paper first.
These are our base flat fees. They cover a standard case, start to finish, quoted in writing before you commit. More complex matters — and Stokes interviews, or attorney travel outside the NYC metro area or South Florida — are quoted separately. Government filing fees are set by USCIS and the State Department and are not included. Filed through a consulate instead? That case is $5,500.
What the I-130 does
Form I-130 (Petition for Alien Relative) has one job: to establish that a qualifying family relationship exists between the petitioner and the relative. When USCIS approves it, the agency is confirming that the relationship is real and falls into a category the law recognizes — a spouse, a parent, a child, a sibling.
Think of the I-130 as the foundation, not the house. By itself it does not grant lawful status, a work permit, or a green card. What it does is open the door to the next stage, where the relative actually applies for permanent residence — either through adjustment of status if they are already in the United States, or through consular processing if they are abroad.
Who can file matters as much as what gets filed. A U.S. citizen can petition for a spouse, a parent (once the citizen is 21), a child of any age or marital status, and a brother or sister. A lawful permanent resident can petition for a spouse and for unmarried children. Each relationship falls into a category, and the category decides everything that follows — whether a visa number is available immediately or your family waits years for one. Spouses, parents and unmarried children under 21 of U.S. citizens are immediate relatives, with a visa always available. Everyone else falls into a preference category governed by the monthly Visa Bulletin.
Filing also starts a clock that matters later. The day USCIS receives a properly filed I-130, your relative gets a priority date — their place in line for a visa number in the preference categories. In a backlogged category that date is the single most valuable thing the petition produces, which is why filing sooner rather than waiting for a “better time” is usually the right call even when the wait ahead is long.
What goes in the package is proof of two things: that the petitioner is who they say they are, and that the relationship is real. That means citizenship or green-card evidence for the petitioner, civil documents establishing the relationship — marriage certificate, birth certificates, adoption or custody records — and, for marriage cases, the bona fide marriage evidence that decides close calls. Prior marriages have to be shown as legally ended. Documents in another language need certified translations. Thin or inconsistent packages are where Requests for Evidence come from.
One petition covers one relative. A spouse and three children are four separate I-130s, four filing fees, and four sets of evidence — with one important exception: in the preference categories, a spouse and unmarried children under 21 can usually follow as derivatives on the principal relative’s petition. Getting that structure right at the start is one of the quieter ways good preparation saves a family years.
In one sentence
The I-130 proves the family relationship. The green-card stage that follows — adjustment or consular processing — is where the relative is actually approved for permanent residence. Both steps matter.
They often go in the same envelope. When a visa number is immediately available and your relative is in the U.S. and eligible to adjust, the I-130 and the I-485 can be filed concurrently — one package, one filing date, with the work permit and travel document alongside. That is the usual posture for spouses, parents, and unmarried minor children of U.S. citizens.
The exceptions. You file the I-130 first and wait when the relative is abroad, when the category is backlogged and not current on the Visa Bulletin (F2A, F4 and the other preference categories), or when the relative is in the U.S. but not eligible to adjust. Which posture fits is a question of your category and your relative’s history, and we confirm it before anything is filed.
Who you can petition for
Who you can file for — and how fast the case can move — depends on your own status. U.S. citizens can petition for a wider circle of relatives than green-card holders can.
Spouse · parents · children · siblings
A U.S. citizen can file an I-130 for a spouse, parents, children of any age and marital status, and brothers and sisters. Spouses, parents, and unmarried children under 21 are immediate relatives — there is no annual cap and no waiting line for a visa number, so those cases can move straight to the green-card stage once the I-130 is approved.
Adult children, married children, and siblings fall into the preference categories instead, which do involve a wait.
Spouse · unmarried children
A lawful permanent resident can file an I-130 for a spouse and for unmarried children. These cases fall into the preference categories (F2A for spouses and minor children, F2B for unmarried adult children), which are capped each year and subject to a waiting line.
Permanent residents cannot petition for parents or siblings. If the petitioner naturalizes to U.S. citizen while the case is pending, more options open up.
Immediate relatives vs. preference categories
Immediate relatives — the spouse, parents, and unmarried minor children of a U.S. citizen — have no annual limit on green cards, so there is no visa-number wait. Preference categories — everyone else, including all relatives of permanent residents — are capped each year, so applicants wait for a visa number to become available. That availability is tracked month to month on the State Department's Visa Bulletin.
The August 2026 Visa Bulletin brought a milestone: the F2A category (spouses and minor children of green-card holders) is current on the Dates for Filing chart, which USCIS is honoring for family cases — meaning many F2A families can file now instead of waiting. Dates can move in either direction in any given month, so timing matters.
How it works
Confirm the relationship & category
We check your status, identify the right relative category, and tell you whether the case is an immediate-relative case or a preference case — so you know what to expect on timing.
Prepare I-130 + I-130A & proof
We complete Form I-130 (and Form I-130A for spouse cases) and assemble the supporting evidence — civil documents and proof that the relationship is genuine.
File with USCIS & track
We file the petition, confirm receipt, and monitor the case. Your priority date is locked in on the day USCIS receives a properly filed petition.
Move to the green-card stage
Once approved (and once a visa is available, for preference cases), the relative applies for the green card itself — by adjustment of status in the U.S. or consular processing abroad.
What happens after approval
| Your situation | What comes next |
|---|---|
| Immediate relatives | Proceed straight to the green-card stage — there is no visa-number wait. |
| Preference categories | Wait for a current priority date on the Visa Bulletin before the relative can take the next step. |
| Relative in the U.S. | Pursue adjustment of status with USCIS, when eligible. |
| Relative abroad | Pursue consular processing through the National Visa Center and a U.S. consulate. |
What it costs
| Form I-130 filing fee | $675 by mail / $625 online (USCIS, current 2026) |
| Our flat legal fee | Quoted up front, separate from USCIS fees — no hourly meter and no surprises. |
Government filing fees are set by USCIS and can change. Confirm the current amount with the official USCIS fee calculator ↗, and see a full breakdown for your case on our fees page.
Processing times
Recent USCIS data puts the median I-130 filed by a U.S. citizen near 14.5 months, and the median I-130 filed by a permanent resident near 35 months before a visa is even available. These are medians, not promises — your case may be faster or slower (current as of July 2026).
A complete, well-documented package filed correctly the first time is the best defense against avoidable delay. Use our timeline estimator for a rough projection on your category.
I-130 frequently asked questions
How long does the I-130 take?
It depends on who is filing. Recent USCIS figures put the median I-130 filed by a U.S. citizen near 14.5 months and the median filed by a permanent resident near 35 months. Those are medians current as of July 2026 — individual cases vary, and preference-category cases also have to wait for a visa number on top of the processing time.
Can I file for more than one relative?
Yes. You file a separate I-130 for each qualifying relative — one for your spouse, one for a parent, one for each child, and so on. Each petition stands on its own with its own fee and its own priority date. We can prepare multiple petitions together so nothing is missed.
Does an approved I-130 give a green card by itself?
No. An approved I-130 is the first step, not the green card itself. It only confirms that the family relationship qualifies. The relative still has to complete the green-card stage afterward — adjustment of status if they are in the United States, or consular processing if they are abroad — and, for preference categories, wait for a visa number to become available.
What's the difference between immediate relative and preference?
Immediate relatives — the spouse, parents, and unmarried minor children of a U.S. citizen — have no annual cap, so there is no waiting line for a visa number. Preference categories cover everyone else, including all relatives petitioned by a permanent resident. Those categories are capped each year, so applicants wait for their priority date to become current on the monthly Visa Bulletin before moving forward.
Related reading
The marriage green card in 2026
What the I-130 looks like inside a marriage-based case, start to finish — including the interview and evidence that decides it.
GuideAdjustment of status vs. consular processing
After the I-130 is approved, which green-card route fits your family — staying in the U.S. or going through a consulate abroad?
Let's get your I-130 on file
A short consultation tells you exactly which relative category fits, what to document, and what your timeline looks like. Flat fee, attorney-handled, in English, Russian, or Spanish.