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I 130 2023 Form: What You Should Know
S. Citizen or lawful permanent resident. You may also find more information about the family categories and the relationship requirements at the Center of Lawful Permanent Resident in the U.S. government. The petition is considered by you (the immigrant) or a U.S. citizen or lawful permanent resident who does not have a relationship to an eligible relative. Example 1: An immigrant and a U.S. citizen live in the same household for 16 years, and both have U.S. immigration status. If the immigrant dies, both his or her petitions were filed, but no one applied. The immigrant would not have to be living in the U.S. under a U.S. green card for at least 3 years before filing an I-130 petition. However, the law requires that he or she must live in the U.S. for at least 5 years after filing an I-130. Example 2: An immigrant and a U.S. citizen live in the same household for 16 years, and both have U.S. immigration status. The immigrant and his spouse will use a Form I-130 to apply to U.S. Citizenship and Immigration for his or her green card or visa. At a later date, the immigrant and his spouse will apply for U.S. citizenship and visa for each other. At some future point, the immigrant will need to renew his or her application. However, the immigrant will not be required to live in the U.S. under his or her green card for at least 3 years before renewing his Form I-130 with a new petition. The law does not specify whether an immigrant's petition for the immigrant's family members has to include a U.S. citizen or lawfully resident spouse or U.S. citizen child, adult child, or parent. For clarity, it is considered an open question whether an immigrant's application for the green card must also include a spouse as a dependent. The Form I-360, Petition for Alien Relative, is a simplified version of the standard I-130 or Form I-360.
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