Family-Based Petitions

A family-based Immigration petition is one of the most tedious and often complicated government processes in the United States. Because of different circumstantial statuses, the process may take months or even years to finalize. An immigration process helps family members to be together again despite location differences. Because of this, working with a experienced family-based immigration attorneys is highly recommended.

From filing needed documents to Unites States Customs and Immigration Service to making sure the petition is filed correctly, an experienced immigration attorney will provide adequate help and assistance throughout the process. By working with a reliable North Carolina immigration law firm, you may save more money and time to prevent needless delays in your immigration process. Call us at (657) 279-5506 to speak with our family-based immigration attorneys in North Carolina and California.

For starters, a U.S citizen who files for Immigration petition for a family member is called the petitioner. While the family member who is getting petitioned is called a “beneficiary.”

A U.S. citizen who is over 21 years old may petition for their:

• Parents
• Spouse
• Siblings
• Children

A legal permanent resident may also petition for:

• Spouse (18 years old and above)
• Unmarried children
• Unmarried adult sons and daughters over 21 years of age.

There is some eligibility barring that might negate filing of Form I-130 petition even when though the petitioner or immediate family relatives exist. A sponsor cannot file Form I-130 to petition any of the following family members:

• Grandparent, grandchild, parent-in-law, cousins, aunt, uncle, nephew, and niece.
• Adopted child (if the child is adopted after turning 16 years old.) or adoptive parent.
• Biological parents. (If the petitioner became a legal alien or green card holder through adoption)
• Spouse (if both are not physically present at the marriage ceremony)
• Spouse – if the petitioner became a green card holder before a marriage to a legal U.S citizen. Unless the petitioner is a naturalized U.S legal alien or a green card holder for at least five years.
• Spouse – if the marriage occurred while the beneficiary is part of any immigration court legal process (such as facing deportation).
• Any relative, if USCIS determined that the beneficiary is attempting to marry for the sole purpose of the immigration process.

If you have immigration concerns and you need help filing your family-based petition, don’t hesitate to connect with our North Carolina family-based immigration attorneys. 

Applying for an Immigration petition starts with filling up the USCIS Form I-130. Only a citizen of the United States or lawful permanent resident (green card holder) may file for a family-based petition or sponsor a qualified family member. The petitioner needs to prove that they can support their relatives’ petition and permanent stay in the United States.

Preparing and submitting all the required documents on Form I-130 will also help to shorten the process. If there are any missing documents or the proof of relationship is not distinguished, delays and unnecessary additional costs may occur. Consult with our family-based immigration attorneys so we can help prepare your immigration petition.

To minimize delays and additional unnecessary processing costs, early preparations for necessary legal documents are highly advised.

To prove that the petitioner has a valid or truthful family relationship with the beneficiary or vice versa; supporting documents for an I-130 includes:

• Proof that the petitioner or sponsor is a legal alien or green cardholder.
• Legally and truthful relationship with beneficiary exists.
• Evidence that the relationship is not a fraud. (Birth certificate, marriage certificate; for spouse joint bank account statements or affidavits from people to prove that the relationship is legal and authentic.)
• Proof that there is no prior name change for the sponsor nor the beneficiary seeking a green card (can provide proof of legal name change if applicable)
• Proof of nationality of the beneficiary.

Legal documents such as a copy of the petitioner’s birth certificate is also required for a family-based immigration petition. If the said document is unavailable, the petitioner may request their local issuing government agency to certify that the said birth certificate is not yet available for release.

If some required documents are not available during the filing, submitting an alternative or secondary evidence to the USCIS is strongly recommended. This is for USCIS to make a complete decision for the family-based immigration petition.

Otherwise, obtaining other secondary record evidence such as school records or baptismal certificates may be allowed. This is to certify that the proof of birthplace or written statement from the relatives or beneficiary is truthful and can attest to the facts.

Consult with a family-based immigration attorney in North Carolina today to ensure a smooth immigration process for your family.

The processing times for Form I-130 petition depend highly on the submitted documents, family relationship, and the USCIS field office that received the petition. In normal circumstances, immediate relatives such as spouse, parent, or child of a lawful permanent resident / green card holder may take thirteen and a half (13.5 months) to nineteen (19) months (19) of processing time.

Otherwise, for family preference visas such as siblings, processing times may range from thirteen and a half months (13.5 months) to almost twenty (20) or more years.

If the petition was successfully approved, the relative or the beneficiary may now apply for Green Card. If the beneficiary is an immediate relative such as parents, spouse, or unmarried children under 21 years old, they may apply for immediate application. Otherwise, those that are not qualified may have to wait.

For immediate family members or beneficiaries who may be able to apply and in the United States, they may adjust their legal residency status via Form I-485.

If the USCIS denies an I-130 petition, the petitioner will receive a notice via mail (Form I-797). Suppose the petitioner believes that the denial of the petition is unfair. In that case, they may appeal to a separate government body, such as the Administrative Appeals Office, within a month or 30 days from the notice. Consult with an experienced North Carolina family-based immigration attorney to know how you can file for an appeal.

For other beneficiaries, this process may take place in the United States’ USCIS Office. The adjustment of status is only available for immigrants who are already living in the United States.

Once the Immigrant receives the approval of Form I-130 from the USCIS, they may prepare the necessary paperwork and documents needed for the status adjustments. Once the office gets the documents and application, the USCIS will contact the beneficiary or immigrant to schedule a personal immigration interview.

Upon the approval of the visa petition and the preferred date is now current, a family member or beneficiary may apply for a green card. Green card applicants must comply with an application for permanent residence – thru an immigrant visa application. This is to be submitted at the US Consulate in the Immigrant’s home country or location.

After this, The National Visa Center in the US Consulate will start providing the immigrants’ necessary forms to fill out and request essential documents. Through the assistance of a reliable family-based immigration attorney, they will help compile required documents and submit them to National Visa Center or US Consulate to ensure the continuation of the process.

Then, the immigrant or beneficiary will also receive instruction for their required medical examination. They will also need to schedule a personal interview, for the immigration services process and the U.S consular officer. There are also different ways for an immigrant to get a green card or visa, depending on how they enter.

To minimize unnecessary additional costs and waste of time, working with an experienced Immigration attorney ensures the quality of the petition. A reliable family-based immigration attorney will handle all the necessary steps and paperwork to be time and cost-effective.

For North Carolina’s immigration petitioner, Diener Law will help all of you to navigate the daunting process of family-based immigration petition. Doing this without professional help may be beyond difficult, based on the United States’ immigration process.

We at Diener Law always uphold that reuniting and keeping family together is of the utmost importance. Contact one of our family-based immigration attorneys in North Carolina to start with your process. Our North Carolina immigration law firm will help you throughout this journey!

Consult with our California & North Carolina attorneys if you need help filing for legal status in the U.S., filing a workers’ compensation claim, or getting fair compensation for accident injuries. Let us protect your rights by partnering with us today!