Family Based Petition

   

Family Based Petition

One of the most valuable assets of being a U.S. citizen or a lawful permanent resident is the ability to sponsor family members to immigrate to America. While being a citizen or Green Card holder does entitle you to certain rights and benefits, the path to immigration for relatives is rarely an easy one. Knowledgeable legal guidance is a necessity.

At Estrella Immigration, our lawyers are adept at all steps of the family based petition process. With our guidance, many families have already been reunited in the U.S.

Separation from immediate family members is one of the main hardships of immigrating to America. When an immigrant becomes a U.S. citizen or finally obtains a Green Card, then they gain the ability to sponsor certain relatives to join them in America. Of course, there are many requirements to be met. Several issues may arise along the way. With potential for delays and heartbreak, it is essential to work with experienced immigration attorneys.

Lawful permanent residents and citizens are limited as to which relatives they can sponsor. The list for Green Card holders is the more restrictive one. Lawful permanent residents only may sponsor:

  • A spouse
  • Minor children younger than 21
  • Adult, unmarried children

Someone who is born in the U.S. or who becomes a naturalized citizen may sponsor the following relatives:

  • A spouse
  • Minor children younger than 21
  • Adult, unmarried children
  • Married children
  • Siblings
  • Parents

It is important to note that relationships like grandparents, cousins, aunts, uncles and in-laws are not suitable for sponsorship.

Family based petitions are complicated. They frequently require a great amount of time before they are concluded. Typically, the process begins when the sponsoring relative files a Form I-130, which is a Petition for Alien Relative. The form must be submitted with supporting documentation that, among other things, establishes the relationship between the sponsor and the immigrant. Mandatory fees must be paid upon filing.

Then, the relative who wants to immigrate must file a Form I-485 to adjust their immigration status if they are already in the U.S. If they are not already in America, then they must begin Consular Processing.

Only a set amount of individuals is permitted to immigrate to the U.S. on family based petitions each year. Accordingly, it is vital to provide all of the relevant forms and documentation in a timely manner. Failure to do so can unreasonably delay the proceedings, and may result in having to wait a significant amount of time before beginning the process again.

Working with an immigration lawyer who is familiar with family based petitions is essential to the process. If you would like to sponsor a family member, then it is important that you understand your eligibility to do so. The lawyers at Estrella Immigration can inform you regarding your rights and help you through the family based petition process from beginning to end.

Contact Estrella Immigration today to set up a free initial consultation.

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