---
title: "Form I-130 petition for an alien relative"
url: "https://ailawframework.com/precedents/immigration-and-migration-law/us-i-130"
type: "precedent"
site: "AI Law Framework"
id: "a30-us-i-130"
area_id: "A30"
kind: "form"
ai_level: "red"
version: 1
task_ids: ["A30-A20260923-1"]
law_stated_as_at: "2026-10-22"
---

# Form I-130 petition for an alien relative

> Link to Form I-130, edition 1 April 2024. Filing or approval does not itself give the relative status. The petitioner signs a declaration, and the interpreter and preparer certify under penalty of perjury.

Canonical page: https://ailawframework.com/precedents/immigration-and-migration-law/us-i-130  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Immigration & Migration Law](https://ailawframework.com/precedents/immigration-and-migration-law.md)
- Jurisdictions: United States
- AI level: Red. You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the official form at uscis.gov and the 5 authorities it cites, for United States.

## When to use it

Use when a U.S. citizen, lawful permanent resident or U.S. national petitions to establish a qualifying relationship with an eligible relative. Download the current I-130 and I-130A from uscis.gov. This is not the adjustment application.

## Used for these tasks

- [Draft a filing cover letter and exhibit list](https://ailawframework.com/practice/immigration-and-migration-law/draft-a-filing-cover-letter-and-exhibit-list.md)

## How AI may be used

The petitioner signs a declaration and certification, and the interpreter and preparer certifications on the opened PDF are under penalty of perjury, so the tool writes no answer that would be filed.

**AI may:**

- List which current edition the form page names, and whether the file's PDF shows that edition date on every page
- Index documents already in the file against the categories the form page names, without describing what they prove
- Flag a blank or double-answered Part 4 choice between adjustment and consular processing
- Note whether a spouse petition in the file has an I-130A and a separate I-130 receipt for each shared child the page requires

**AI must not:**

- Must not write, outline or suggest any answer, relationship narrative or signature block
- Must not decide that a relationship qualifies, that a visa is available, or which relative is a derivative
- Must not choose adjustment of status or consular processing
- Must not state a fee, a lockbox, or that filing or approval gives the relative status

**The lawyer checks:**

- The mailed form shows edition 04/01/24, or any later edition the current page requires, on every page, with no mixed editions
- Part 4 selects only one of question 61 or 62. Both completed, or both blank, is the mistake the page warns against
- A spouse petition includes Form I-130A. A U.S. citizen petitioning for a spouse also files a separate I-130 for each shared biological child, stepchild or adopted child, with a copy of the spouse-petition receipt
- A separate I-130 is filed for each eligible relative unless that relative is a derivative. The instructions, which were not opened line by line, decide who is a derivative
- The fee is the amount on the current G-1055 page. Originals are not sent unless the instructions or regulations specifically request them
- The petitioner reads the current signature block before signing. On the PDF extract opened on 22 October 2026 the petitioner's certification sentence is rendered with the word 'piracy'. The interpreter and preparer certifications on that PDF say 'under penalty of perjury'

## Authorities

- [USCIS, Form I-130, Petition for Alien Relative, edition 04/01/24, page opened 22 October 2026](https://www.uscis.gov/i-130)
- [Form I-130 (PDF), edition date checked on the form page as 04/01/24](https://www.uscis.gov/sites/default/files/document/forms/i-130.pdf)
- [Form I-130A, Supplemental Information for a Spouse Beneficiary (PDF)](https://www.uscis.gov/sites/default/files/document/forms/i-130a.pdf)
- [USCIS direct filing addresses for Form I-130](https://www.uscis.gov/i-130-addresses)
- [USCIS fee schedule (G-1055)](https://www.uscis.gov/g-1055)

## Official form

[Official form](https://www.uscis.gov/i-130)

## Where this comes from

The official form is published by uscis.gov; this page is a completion guide. Last checked on 2026-10-22.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/immigration-and-migration-law/us-i-130 and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*