Family Petitions For Alien Relative

Today’s Show

Today during our Live, we talked about the I-130 Form, and how you as a U.S. citizen can petition for your family members, whether they reside abroad or not.

Representing our team today we had immigration attorney Kate Lincoln-Goldfinch, Fidel Campuzano, and Karla Arevalo, all doing their part to help everyone learn about immigration.

How do I get my family here? What do I do to get the person I fell in love with here? These and other questions are some of the most common questions regarding family-based petitions, which must be filed using Form I-130. We really do not advise you to fill out the form on your own since, as attorney Kate advises, the legal strategy in this type of case is key.

Each case is unique and the strategy used is different in each case. There are different variables involved such as whether the relative is in the country or not, what type of relative is being petitioned for (unmarried children over 21 years of age, parents of citizens, etc.), as well as the criminal record of the relative. The role of the attorney is crucial, as they make the process much easier for you by drawing on their vast knowledge of the law.

Who Can I Petition For?

-If you are a resident: You can petition for your spouse (who can be of the same sex) and your unmarried children of any age.
-If you are a U.S. Citizen: You can petition for your spouse (who can be of the same sex), your unmarried or married children of any age, your siblings (or half-siblings), and your parents.

Also, Kate informed us about the three main cases in which an immigrant can qualify for Adjustment of Status:
– Immediate relatives of citizens who entered the country with a Visa.
– Immediate relatives of persons who are serving or have served in the Armed Forces
– Persons who were filed for before 2001

Live Questions

Remember that during our live broadcasts you can call us with your questions. Today we were joined by Karina, who consulted us about her case. She recently married a permanent resident, who will soon be eligible for citizenship. She asked immigration attorney Kate for advice on whether her husband should file the petition for her first or file it after he obtains his U.S. citizenship.

Attorney Kate indicated to us that it would be necessary to first assess whether the permanent resident qualifies to apply for U.S. citizenship. He must have had his status for 5 years and not have been arrested during that time, owe no taxes, alimony, or other similar issues. Also, since Karina entered the country on a tourist visa, she would qualify for an Adjustment of Status without needing a waiver, as long as her spouse is a U.S. citizen. Kate advised to file both processes at the same time, or if the situation dictates, to initially file for citizenship.

Fidel, himself a beneficiary of the DACA immigration program, asked attorney Kate a question about the usefulness of having DACA in the family petition process and what options there are. Kate told us that there are two ways to do it, already having DACA. By being a beneficiary of the program it would be possible to obtain a Travel Permit (in cases where the person has a valid reason to travel). That way, the person can leave the country and enter again legally and use that entry as a Visa entry for the legal process of the Adjustment of Status.

You can also post your questions in a comment on our Facebook page, and we might answer them during our broadcast. Today, a follower asked “Can a stepchild petition for his or her stepmother when he or she turns 21? The stepmother legally entered the United States 24 years ago.” Kate clarified that it would be possible only if the stepmother and father married before the stepdaughter turned 18. That case would also depend on how the stepmother entered the United States, as she must be eligible for Adjustment of Status.

Another Facebook follower asked us: “To renew the residency, the application must be sent 6 months before. But now that they are taking longer to process the applications, can it be sent before the 6 months?” Immigration attorney Kate indicated that it is possible to send it before 6 months, but that it also depends on what type of renewal is being done. In some cases, the receipt provides an automatic 18-month extension.

However, it is important to remember that we are providing you with general information, not specific to any particular case and that by calling us there is no attorney-represented relationship. It does allow us to open a channel of communication so that in a future confidential and private consultation we can provide you with additional guidance specific to your case.

As always, we invite you to contact us so that we can evaluate each case individually and free of charge. You can contact us through our social networks: Facebook, Instagram, YouTube and TikTok. Or if you prefer, you can call us at (855) 502-0555

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