Family Petitions
Are you married to an immigrant? Is your child or parent an immigrant? What about your siblings? It is possible to bring members of your family to the United States by way of a family petition.
A visa based on a family petition is obtained by filing a Form I-130 with proof of the relationship. Different rules apply for different family members, but in general, the application is very straightforward.
What is not straight forward, however, is whether your loved one can obtain a green card, or permanent resident status based on the approved visa petition. This requires an analysis of the visa category your family member will qualify for and your loved one's immigration and criminal history.
Some visa categories are subject to yearly quotas, and therefore are subject to the visa bulletin. The visa bulletin comes out every month to notify visa holders whether their wait is finally over, and they can finally pursue their permanent resident status. Some current wait times are up to 20 years!
If your family member has also struggled with some issues in the past either with immigration officials or police officers, this can also impact his or her eligibility for a green card. However, there are waivers available in some cases to allow a person to overcome such issues.
Even if your family member has not had any issues, the application process can be very confusing and complicated. There are many forms and procedures that apply, depending on the specific circumstances in your case. USCIS, the agency that makes decisions about your application, has the discretion to deny an application simply because of the forms was not completed properly or a required document was not included.
In sum, a family petition can be a great way to help your family member obtain permanent residency in the United States, but there are many things to consider. An experienced immigration attorney can ensure you don't waste precious time and money as you navigate the immigration system.
A visa based on a family petition is obtained by filing a Form I-130 with proof of the relationship. Different rules apply for different family members, but in general, the application is very straightforward.
What is not straight forward, however, is whether your loved one can obtain a green card, or permanent resident status based on the approved visa petition. This requires an analysis of the visa category your family member will qualify for and your loved one's immigration and criminal history.
Some visa categories are subject to yearly quotas, and therefore are subject to the visa bulletin. The visa bulletin comes out every month to notify visa holders whether their wait is finally over, and they can finally pursue their permanent resident status. Some current wait times are up to 20 years!
If your family member has also struggled with some issues in the past either with immigration officials or police officers, this can also impact his or her eligibility for a green card. However, there are waivers available in some cases to allow a person to overcome such issues.
Even if your family member has not had any issues, the application process can be very confusing and complicated. There are many forms and procedures that apply, depending on the specific circumstances in your case. USCIS, the agency that makes decisions about your application, has the discretion to deny an application simply because of the forms was not completed properly or a required document was not included.
In sum, a family petition can be a great way to help your family member obtain permanent residency in the United States, but there are many things to consider. An experienced immigration attorney can ensure you don't waste precious time and money as you navigate the immigration system.
