Before moving forward with an application for a Form I-130, Petition for Alien Relative visa, it is necessary to make sure the person you are sponsoring to become a permanent resident of the U.S. is eligible for this visa. There are two categories of eligibility for this visa.
The first category of eligibility includes immediate relatives. Those eligible for the visa in this category include close relatives of U.S. citizens, such as spouses, parents, or unmarried children under the age of 21. There is an unlimited number of visas available for immediate relatives who are eligible.
The second category of eligibility, called “family preference,” has a limited number of visas available each year. Those eligible within the family preference category include other relatives of a U.S. citizen (beyond their immediate family), such as siblings, cousins, or married children. In addition, this category also includes a legal permanent resident’s spouse and any unmarried children under the age of 21.
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