Skip to main content
    FAMILY IMMIGRATION · FORM I-130

    I-130 Petition Lawyer Columbus Ohio

    Form I-130 is the starting point for many family-based immigration cases. It is the petition a U.S. citizen or lawful permanent resident files to prove a qualifying family relationship with a relative who wants to immigrate to the United States.

    Latif Law helps Columbus and Central Ohio families prepare I-130 petitions for spouses, parents, children, and siblings. We also help clients understand what the I-130 does, what it does not do, and what happens after USCIS approves it.

    What Form I-130 Does

    Form I-130, Petition for Alien Relative, asks USCIS to recognize a qualifying family relationship. It does not, by itself, give the foreign national lawful status, a work permit, travel permission, or a green card.

    Think of the I-130 as the relationship petition. It answers one core question: does the petitioner have the legal family relationship needed to sponsor this relative?

    After the I-130 is approved, the next step depends on where the relative is located and which immigration category applies. Some applicants may file for adjustment of status inside the United States. Others must complete consular processing through the Department of State and a U.S. embassy or consulate abroad.

    Who Can File an I-130

    U.S. citizens may generally file I-130 petitions for:

    • Spouses
    • Parents, if the U.S. citizen is at least 21
    • Unmarried children under 21
    • Adult sons and daughters
    • Married sons and daughters
    • Brothers and sisters, if the U.S. citizen is at least 21

    Lawful permanent residents may generally file for:

    • Spouses
    • Unmarried children under 21
    • Unmarried adult sons and daughters

    Lawful permanent residents cannot file I-130 petitions for parents, married children, or siblings.

    Immediate Relatives vs Family Preference Categories

    The category matters because it affects timing.

    Immediate relatives of U.S. citizens include spouses, unmarried children under 21, and parents of adult U.S. citizens. These categories are not subject to annual numerical limits in the same way family preference categories are.

    Family preference categories include many petitions filed for spouses and children of lawful permanent residents, adult sons and daughters of U.S. citizens, married sons and daughters of U.S. citizens, and siblings of U.S. citizens. These cases may involve waiting for a visa number under the Visa Bulletin.

    Latif Law helps clients understand which category applies before filing, because the wrong expectation can lead to serious planning mistakes.

    Evidence Needed for an I-130 Petition

    The evidence depends on the relationship. Common documents may include:

    • Proof of the petitioner’s U.S. citizenship or lawful permanent residence
    • Birth certificates
    • Marriage certificates
    • Divorce decrees or death certificates ending prior marriages
    • Passports or government IDs
    • Name-change documents
    • Certified English translations
    • Proof of a bona fide marriage for spouse petitions

    For marriage cases, USCIS usually expects more than a marriage certificate. Strong evidence may include joint leases, joint bank accounts, insurance records, tax returns, photographs, travel records, communication history, and affidavits from people who know the relationship.

    Filing One Petition Per Relative

    Each qualifying relative generally needs a separate I-130 petition. A U.S. citizen filing for a spouse and a stepchild usually does not file one combined petition for both. Each family member’s eligibility, category, fees, and next steps need to be reviewed separately.

    What Happens After I-130 Approval

    Approval of the I-130 is an important step, but it is not the final green card approval.

    If the relative is in the United States and eligible to adjust status, they may file Form I-485 when allowed. Immediate relatives of U.S. citizens are often able to file I-130 and I-485 together, but eligibility must be reviewed carefully.

    If the relative is outside the United States, the approved petition usually goes to the National Visa Center for consular processing. The applicant then completes immigrant visa forms, submits civil documents, provides financial sponsorship documents, and attends an interview at a U.S. embassy or consulate.

    Common I-130 Mistakes

    Common problems include:

    • Filing under the wrong family category
    • Missing proof of the petitioner’s citizenship or green card status
    • Not proving that all prior marriages legally ended
    • Weak evidence of a bona fide marriage
    • Inconsistent dates, names, or addresses
    • Missing certified translations
    • Assuming I-130 approval gives lawful status
    • Filing without understanding unlawful presence or consular processing risks

    For applicants already in the United States, the biggest mistake is treating the I-130 as the whole case. The I-130 may be only one part of a larger strategy involving adjustment of status, waivers, work authorization, or consular processing.

    Government Filing Fees

    Current USCIS fee rules generally list Form I-130 at $675 for paper filing, with a lower amount for online filing where online filing is available and appropriate. Fees change, and the correct amount depends on the current USCIS schedule and filing method. Always verify the current amount with the USCIS Fee Schedule or USCIS Fee Calculator before filing.

    Attorney fees are separate from government filing fees.

    How Latif Law Helps

    Latif Law helps Columbus families determine the correct category, identify required evidence, prepare the petition, avoid inconsistent answers, and plan the next step after filing. We also help clients decide whether a case should proceed through adjustment of status or consular processing.

    Attorney Ali Latif works directly with clients and provides services in English, Arabic, and Spanish.

    For cases where the relative is outside the United States, see our consular processing services.

    Frequently Asked Questions

    Does I-130 approval give my relative a green card?

    No. I-130 approval confirms the qualifying family relationship. The relative still needs to complete adjustment of status or consular processing before becoming a lawful permanent resident.

    Can I file an I-130 for my spouse while they are in the United States?

    Yes, but the next step depends on whether your spouse is eligible to adjust status. Some spouses can file I-130 and I-485 together. Others may need consular processing or a waiver.

    Can a green card holder file for a parent?

    No. A lawful permanent resident cannot file an I-130 for a parent. A U.S. citizen who is at least 21 may generally file for a parent.

    How long does an I-130 take?

    Processing times vary by relationship category, petitioner status, USCIS workload, and whether the beneficiary is inside or outside the United States. Check current USCIS processing times before making travel or life plans.

    Do I need a separate I-130 for each relative?

    Usually yes. Each qualifying relative generally requires a separate petition and separate filing fee.

    This page provides general information and is not legal advice. Family immigration categories, processing times, and filing fees change. Speak with an immigration attorney about your specific case.