It is not uncommon for U.S. citizens or lawful permanent residents to have relatives outside the country. They can assist their immediate family with permanent residency or a Green Card with the help of an I-130 lawyer. It is a way for the U.S. government to do its best to help the citizens living in the country to reunite with their loved ones and ensure the promotion of social and family life.
However, approval of an I-130 Petition for Alien Relative form does not automatically change the status of immediate relatives of U.S. citizens and LPRs; it will only prove that they have a familial relationship with the sponsor or Green Card holder.
Form I-130 Petition For Alien Relative
The I-130 petition establishes the legitimacy of the relationship between a Green Card holder and their alien relative. The first step in obtaining a Green Card holder status for family members is filing an I-130 petition with USCIS. But, you must first check the eligibility to qualify.
If you can establish a relationship with your relative that would allow them to come to the United States, USCIS will generally approve your Form I-130. After the approval of the petition, the relative can then apply to become an LPR or a lawful permanent resident.
Filing Form I-130
To file Form I-130, the petitioner must be a U.S. citizen or lawful permanent resident and at least 18 years of age. Additionally, the petitioner must provide evidence of their immigration status in the U.S., such as a copy of their U.S. passport or Green Card. They cannot proceed with filing this form until the aforementioned requirements are complied with.
The petitioner must also provide proof of the relationship between them and the alien relative they want to petition, such as a birth certificate, marriage certificate, or adoption records. Additionally, the alien relative must be admissible to the United States and meet the required medical, security, and other immigration requirements.
Once Form I-130 is approved, the foreign national can move forward with their application for permanent resident status. However, they must still go through the legal process of obtaining a Visa and be approved for admission to the country before they can become a permanent resident.
Qualified Family Members For Form I-130
An I-130 lawyer can help petition for family members, but who can you petition for? You can file for any family member eligible for a family-based Green Card. The USCIS defines immediate relatives as spouses, offspring under the age of 21, and parents of U.S. citizens.
These individuals are given priority and will usually be processed more quickly than other family members. Other family members include unmarried children over the age of 21, married children of any age, and siblings of U.S. citizens. These family members can apply for family-based Green Cards as well.
An I-130 lawyer can help you determine if your immediate relative or family member is eligible for a Green Card and can assist with the application process. They can collect the necessary documents, ensure the application is complete, and all the information is accurate. Additionally, an I-130 lawyer can advise on the best way to approach the application and represent you in immigration court if necessary.
Filing A Petition For An Alien Relative
You can file Form I-130 either through mail or online. To file online, you must create an account with USCIS. It will allow you to check your status, see your case correspondence, and upload supporting evidence.
Also, you can file Form I-130 by mail and provide your address to the assigned government agency if you live in the United States. An individual who comes from another country and is planning on filing a Form I-485 can send it to the authorized service centers.
Consult with an I-130 lawyer to ensure you are filing the correct forms. That said, skilled immigration lawyers from Lincoln-Goldfinch Law can assist you.
Benefits Of Getting Your Petition Approved
Getting your Form I-130 approved is a major milestone in the process of family-based immigration. Form I-130 is a petition filed by an individual who is a United States citizen or lawful permanent resident to sponsor a relative for a Green Card. Once approved, it takes a foreign relative closer to getting a Green Card and becoming a lawful permanent resident of the United States.
The approval of Form I-130 is the first step in applying for family-based immigration. It is the foundation of the entire process and ensures that alien relatives can live and work in the United States. This approval also allows the foreign national to travel in and out of the United States and make plans for a future in the country.
The approval of Form I-130 is also beneficial for the U.S. citizen or lawful permanent resident who sponsors the foreign relative. Doing so shows that the sponsor is financially responsible and can support their family member. This approval can also help the sponsor to gain approval for other applications in the future.
Finally, the immediate relative’s approval of Form I-130 is an essential step to the reunification of families, which is one of the many goals of the U.S. government. It means they can obtain a Green Card and become a permanent resident of the United States. This Green Card can be used to obtain employment, access public benefits, and eventually apply for citizenship.
Though the approval of Form I-130 has many benefits, it’s not smooth sailing for everyone.
When I-130 Petition Is Denied
Not all Form I-130 Petitions For Alien Relatives will be approved. But, an applicant could reapply after a given time if your petition under Form I-130 did not push through. Usually, it takes around two to three weeks for the USICS to process a case. After the agency receives the application, it will send a receipt notice to the applicant. It will provide them with an estimate of the processing time.
Once the petition’s approval goes to the USCIS, the spouse or immediate relatives of the original applicant will receive official notice. The appropriate U.S. consulate will then take over the petition.
It is crucial to remember that the decision of the processing authorities is discretionary. They will base the approval or denial on the qualifications provided by law. The agency will give the petition’s original applicant the necessary reasoning for its decision.
Even if the petition did not push through, the applicant could still try to reapply after complying with the same requirements. Also, reapplication is not the only remedy in cases of denial. An applicant can appeal their denied Form I-130 to the Board Of Immigration Appeals (BIA).
It is important to fix the mistakes that caused the initial rejection. An I-130 lawyer can help navigate applicants through the complex process to ensure that such errors don’t happen again. It will allow them to get the necessary changes approved and avoid further delays.
Help From A Visa Form I-130 Lawyer
An I-130 lawyer helps in various ways, such as preparing the I-130 form, drafting legal memos, and responding to requests for evidence from U.S. Citizenship and Immigration Services. In addition, they can assist with other matters related to the immigration process.
Even after the approval of Form I-130, the services of an immigration lawyer are essential because the Green Card process for your relatives who want to live with you in the U.S. will now begin. The main goal is the application for adjustment of status, the documents needed for consular processing, and any other paperwork that will be required.
When processing an individual’s immigration, it is never a good idea to do things alone, especially in critical cases like filing a petition for family members. So it’s highly recommended to hire a lawyer from the filing of Form I-130 to the application for a Green Card. It will ease your burden and ensure you will have a higher chance of being with your family in the United States.
If an immigrant has been denied or deported due to various immigration issues, such as citizenship or residency, they may find themselves in a complex and potentially damaging situation. They must secure their legal status and avoid these issues. If any complications could affect their applications, they should deal with them immediately and carefully.
Skilled I-130 lawyer at Lincoln-Goldfinch Law dedicates time to providing their clients with the best possible service. In cases of immigration, I-130 lawyers will work tirelessly to help you successfully petition your loved ones to live and work in the United States.