Disclaimer: We assist with federal U.S. immigration (USCIS) matters only. Attorney Scott A. Maki is licensed in Minnesota only and cannot assist with state-law matters in any other state, including North Dakota.
An I-130 family petition is the first step to getting a green card for a close family member. You file it to prove the family relationship to U.S. Citizenship and Immigration Services (USCIS).
Approval does not give your relative a green card by itself. Instead, it secures their place in line. Here is how the process works.
Who can you sponsor with Form I-130?
If you are a U.S. citizen
- Your spouse
- Your children, married or unmarried, of any age
- Your parents, if you are at least 21
- Your brothers and sisters, if you are at least 21
If you are a green card holder
- Your spouse
- Your unmarried children, of any age
Grandparents, aunts, uncles, cousins, and in-laws cannot be sponsored directly with Form I-130.
Immediate relatives vs. preference categories
Wait times depend on the family category.
- Immediate relatives of U.S. citizens have no yearly limit. This group includes spouses, unmarried children under 21, and parents.
- Preference categories have yearly limits, so relatives wait for a visa number. This includes adult children, married children, siblings of citizens, and family of green card holders.
Your place in line is called your priority date. Usually, it is the date USCIS receives your petition. Each month, the State Department publishes the Visa Bulletin, which shows which priority dates can move forward.
How does the I-130 process work?
The right filing strategy depends on where your relative lives today.
If your relative is outside the United States
We file Form I-130 by itself. After USCIS approves it, the case moves to the National Visa Center and a U.S. consulate abroad for an immigrant visa (consular processing).
If your relative is already in the United States
If your relative can adjust status here, we file Form I-130, Form I-485 (green card application), and Form I-765 (work permit) together as one complete packet. This is called concurrent filing.
We do not file the I-130 alone first in these cases. Filing it separately can add many months to the overall wait for a green card.
Already filed an I-130 on your own?
We can still help. We can prepare and file the rest of the green card packet, including Form I-485 and Form I-765.
Why the right evidence matters
What USCIS asks for is public. How the petition is built, organized, and presented is where experience counts.
Under USCIS policy guidance issued August 5, 2026, USCIS officers can deny a filing that is missing required evidence without first sending a Request for Evidence (RFE). A denial means starting over and losing the filing fees you paid.
Thinking of filing on your own? Read can I file my immigration application myself?
How long does an I-130 take?
Processing times vary widely by relationship and by USCIS office. Check the USCIS processing times page for current estimates. For preference categories, the Visa Bulletin wait is often much longer than the USCIS processing time itself.
Common questions
Can I file for more than one relative?
Yes. However, you usually file a separate Form I-130 for each person. In some categories, a spouse or young children can come along as “derivatives.”
What happens if I become a U.S. citizen while my petition is pending?
Your relative may move to a faster category. For example, a green card holder’s spouse becomes an immediate relative. Let us know right away if your status changes.
How we help with family petitions
- Confirm which category fits your relative
- Prepare a complete, organized petition
- File the I-130, I-485, and I-765 together when your relative is in the U.S.
- Track the Visa Bulletin and next steps
- Respond to Requests for Evidence
- Plan ahead for the green card stage
Want to sponsor a family member? Call (218) 461-4654 or send us a message. You will talk directly with the attorney.
Related pages
Official information: USCIS Form I-130, Petition for Alien Relative.
This page provides general information, not legal advice. Every case is different, and immigration rules change often.

