Visa Amigo

Your immigration law guide.

Who Qualifies for an I-130 Immigrant Visa?

If you fall in one of the following 5 categories you may apply for an I-130 immigrant visa:

1. Immediate Relatives of U.S. Citizens. Spouses, unmarried children under the age of 21, and parents of U.S. Citizens. Children include step-children and adopted children if the adoption or marriage creating the step-child relationship took place before the child’s 18th birthday. Immediate Relatives are not subject to the per country annual limits; therefore once USCIS approves the foreign national's petition a visa becomes immediately available and the foreign national can immigrate to the U.S.

2. First Preference. Unmarried Sons and Daughters of U.S. Citizens.

3. Second Preference. Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents.

4. Third Preference. Married Sons and Daughters of Citizens.

5. Fourth Preference. Brothers and Sisters of Adult Citizens