Immigration Petition Meaning and Process Explained

April 27, 2023

An immigrant petition is the first step for individuals seeking to become permanent U.S. residents and obtain a Green Card. In most cases, the petition is filed by an employer, a family member, or, in certain situations, the applicant themselves.

Immigration petitions generally fall into two categories: family-based and employment-based. Understanding how these petitions work is key to navigating the overall immigration process.

What Is an Immigration Petition?

An immigration petition is a formal request submitted to U.S. Citizenship and Immigration Services (USCIS) to classify a person as eligible for an immigrant visa.

In most cases:

A family member files Form I-130 (Petition for Alien Relative), or
An employer files Form I-140 (Immigrant Petition for Alien Worker)

Some individuals may qualify to file for themselves, depending on the immigration category.

It’s important to understand that an approved petition does not grant a Green Card on its own. It simply establishes eligibility for the next step in the process.

How the Immigration Petition Process Works

The immigration petition process typically involves several stages:

A petition is filed with USCIS
USCIS reviews the application and supporting documents
A decision is issued (approval, denial, or request for evidence)
If approved, the case moves forward for visa processing or adjustment of status

For most employment-based petitions, a job offer and employer sponsorship are required. Family-based petitions rely on a qualifying relationship with a U.S. citizen or lawful permanent resident.

Types of Immigration Petitions

Family-Based Petitions

Family-based immigration is one of the most common pathways. This includes:

Marriage-based green cards
Petitions for parents, children, or siblings
Consular processing
Adjustment of status

Employment-Based Petitions

Employment-based immigration requires employer sponsorship in most cases. This includes:

Work visas
Employment-based green cards
Investor visas
Workforce-related petitions

Processing Times for Immigration Petitions

Processing times vary depending on the type of petition and the applicant’s category.

Immediate relatives of U.S. citizens may see approvals in approximately 5 to 12 months
Form I-130 processing can take 15 to 20 months in many cases
Family preference categories, such as siblings, can take several years or longer

Timelines can vary based on case complexity, visa availability, and USCIS workload.

What Happens After an Immigration Petition Is Approved?

After approval, USCIS typically transfers the case to the National Visa Center (NVC) for further processing.

At this stage, applicants may:

Apply for a visa through consular processing, or
File for adjustment of status if eligible

Approval of a petition does not mean a Green Card is issued immediately. Additional steps are required before permanent residency is granted.

Common Immigration Petition Questions

Do you get a Green Card after I-130 approval?

No. Approval of Form I-130 is only the first step. You must complete additional processing before receiving a Green Card.

Who can file an immigration petition?

U.S. citizens and lawful permanent residents can file petitions for qualifying family members. Employers can file petitions for workers.

How long does it take to petition parents?

For U.S. citizens petitioning parents, the process may take approximately 5 to 9 months due to visa availability.

Is there an income requirement for sponsors?

Most sponsors must meet income requirements set at 125% of the Federal Poverty Guidelines, based on household size.

Is there an age limit for a Green Card?

There is no strict age limit, but eligibility depends on the specific immigration category.

Costs and Requirements

Immigration petition costs vary depending on the type of case and its complexity. In many situations, total costs can range from approximately $4,000 to $12,000 per person.

Applicants may also need to provide: