If you are interested in moving to the United States and have family members who are currently citizens or permanent residents or one of your close or immediate family members are thinking of moving there, you may be wondering what the process is for your specific situation.
You will need to figure out which of the many United States Citizenship and Immigration Services forms you need to submit. One that pertains to the situation described above that you will want to consider filing is Form I-130, also known as the Petition for Alien Relative.
AS we appreciate immigration law can be very difficult to understand if you are completely new to it, you may have several questions. Primarily, what is this Form I-130 and what does it mean? To help you out, in the following post, that’s exactly what we are going to discuss.
What Does a Petition for Alien Relative Mean and What Does it Involve?
A Petition for Alien Relative is an official immigration form that is handed into the USCIS by either what is known as a Lawful Permanent Resident or a United States citizen on behalf of either a close or immediate family member that is not at the present a lawful permanent resident or citizen, who would like to immigrate the country.
As is the case with all of these “petition-style” forms that the USCIS assesses, the person who puts forward the form is known as a petitioner and the person (family member) who the petition is made on behalf of is referred to as its beneficiary. In this situation, the officer working for the USCIS and tasked with the job of assessing the petition is referred to as the adjudicator.
What Does Approval of the Petition Mean for the Beneficiary?
If the form is successful, its beneficiary can use it to gain a US visa in the IR (Immediate Relative) or F (Family-Based Preference) category through the US embassy or consulate abroad. It also means that once they have immigrated fully to the country, they can apply for a Green Card, so they become an officially Lawful Permanent Resident.
What Does It Mean for Relatives Already Living in the US?
If the beneficiary is already living in the United States and has been for some time, they can use it to help their Adjustment of Status is successful to make them a Lawful Permanent Resident.
What if there is More Than One Beneficiary?
In the situation where there is more than one individual, or beneficiary, who is looking to attain US citizenship through the Petition for Alien Relative, only one petition can be put forward for one beneficiary.
That means in cases where two or more people are looking to immigrate and become citizens, the petitioner needs to file separate I-130 Forms for each one. This is the case even if some of the beneficiaries are legally categorized as being children.
The only exception to this rule that normally stands is where the beneficiary is a lawful permanent resident and has unmarried children (and therefore, are still fully dependent on their parents) who are looking to move with them.
Follow the link, for more info about these forms and submitting them.
Always Consult a Professional
Although it may be possible to successfully submit a Form I-130 without the help of a professional, it is recommended that you seek out assistance. A professional lawyer who is well-versed in the ins and outs of immigration law will be better equipped to help reduce the chances of the application being denied while avoiding mistakes being made in the application.
