NOTE 1: If the alien relative is unlawfully present in the U.S., a Form I-130 can still be filed on their behalf however, the foreign national may need to obtain a waiver before adjusting their status. A step-parent, if the marriage that created the relationship took place after the child’s 18th birthday.citizen son or daughter filing the petition gained permanent residence through adoption. citizen may not file I-130 for his or her relative in the following categories or circumstances: A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or in-law.Ī U.S.

citizen or legal permanent resident may not file I-130 for his or her relative in the following categories or circumstances:ħ. Non-Qualifying Relationships/Ineligibility To File A Form I-130:Ī U.S. NOTE 3: All qualifying relatives of permanent residents are in preference categories and must wait for a visa to become available before they can become permanent residents.Ĭlick here to view the chart showing the preference categories of relatives and processing timesī. citizen before they can file a petition for a parent. NOTE 2: Parents are not qualifying relatives for permanent residents. citizen before they can file a petition for a married son or daughter. Otherwise, a legal permanent resident parent must become a U.S. citizen, any petition filed for that son or daughter will be automatically revoked. If an unmarried son or daughter of a permanent resident marries before the permanent resident becomes a U.S. NOTE 1: Married sons and daughters are not qualifying relatives of permanent residents. Unmarried sons and daughters (age 21 or older) The Qualifying Relatives of Permanent Residents (Green Card Holders): The spouse and children of immediate relatives, however, are not permitted to follow-to-join and must be petitioned for separately.Ģ. This means that a separate Form I-130 do not have to be filed for these dependent relatives. NOTE 3: The spouse and children under 21 of brothers and sisters and married sons and daughters and children under 21 of unmarried sons and daughters are permitted “follow-to-join” the qualifying relative. All others are in “preference” categories and are subject to quotas so they must wait for a visa to become available before they can become permanent residents. citizens are all “immediate relatives” and are not subject to any quotas so a visa is always available for them. NOTE 2: Spouses, Unmarried Children (under age 21), and Parents of U.S. citizen is age 21 or older, except for a spouse where, technically, there is no minimum age. citizen may file the I-130 petition for any of the above listed family members provided the U.S. Married sons and daughters of any age, and

Age limit to filr for immigration