When looking at family-based petitions, it is important to know that there are two different types. There are traditional family-based petitions and self-petitions. A self-petition is less complicated than a traditional one because the petitioner does not need to provide evidence of their relationship. However, it can be difficult for someone who has never gone through the process before to know which type they should pursue, so this article will discuss both options in detail.
What is a Family-based Petition?
A family-based petition is a process of filing for a foreign national relative to immigrate and live in the US. This can be done by: the petitioner (US citizen or green card holder) a spouse, parent, child under 21 years old, son/daughter over 21 years old, brother/sister or grandparent of an eligible US citizen; or an immigrant who has a qualifying relationship with a legal permanent resident (LPR). Filing the family-based petition does not guarantee that the foreign national relative will be granted immigration benefits. The US Citizenship and Immigration Services (USCIS) will review the case to determine if it meets all of the requirements for approval. If approved, the foreign national relative will be placed on a waiting list until an immigrant visa becomes available.
The Steps to Applying for a US Family Visa
You need to take specific steps for your US Lawful Permanent Resident (green card) to sponsor visa filing work and successfully bring over family members. These include: Filing with the USCIS, waiting until one becomes available, then applying as an Immigrant or Green Card holder; this process can be long, but it’s worth it because they’re so happy their loved ones finally made America their home. The USCIS will first determine if your relative meets the eligibility requirements. They will also look into whether or not any available visas could be used for your relative’s case. If they find no visas available, they may put your case on a waiting list. This means that your petition will not be processed until a visa becomes available. In some cases, the wait time can be years long. However, if the authorities determine that your relative meets all of the eligibility requirements, they will process your petition and send it to the National Visa Center (NVC). The NVC will then contact your relatives and provide them with information about the next steps in the process. This may include completing an interview, providing additional documentation, or paying a fee. If everything goes smoothly, your relative will then be able to travel to the United States and become a permanent resident.
Types of Family Petitions
Traditional Approach
If you are a US citizen and you want to petition for your spouse to come and live in the United States, you will need to file a traditional family-based visa petition. This process can be difficult because you will need to provide evidence of your relationship. In addition, if your marriage is less than two years old, you will also need to provide evidence that your marriage is real. Some of the documents you may need to provide include photographs, birth certificates, joint bank statements, wedding invitations, and proof of residence.
Self Petition
If you are not a US citizen but would like to sponsor your spouse for a green card, you can file a self-petition. This process is much simpler than the traditional one because you do not need to provide evidence of your relationship. You will, however, need to provide evidence that you are eligible for a green card. Some of the documents you may need to provide include photographs, birth certificates, marriage certificates, proof of residence, and employment verification. Filing for a family-based visa can be complicated, so seeking legal assistance from an immigration lawyer in Phoenix is important. If you have any questions about family-based petitions, please don’t hesitate to contact us. We would be happy to help you navigate through this complicated process.
Author: With a law degree under his belt and years of experience, Mark Scott set off to make the law more accessible to all. He decided to help people lost in the maze of legal terminology to find their way. Mark writes clear and concise pieces and gives simple advice that is easy to follow. On account of positive feedback from readers, he decided to dedicate more of his time to this goal and became a legal columnist. In his writings, Mark covers a wide array of topics, like how to seek legal counsel, or how to deal with different procedures. Furthermore, he directs his readers toward other trustworthy resources for more in-depth information
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