You May Be Eligible for the Family Based I-130 Petition

The family based I-130 petition is an application for a visa as a beneficiary of a green card holder or U.S. citizen. Applicants must meet the qualifications set forth by the USCIS, United States Citizenship and Immigration Services.

Eligibility for I-130 Petitions

Those seeking family-based visas must meet eligibility criteria. A person may be eligible as a:

  • Spouse of U.S. Citizen or Lawful Permanent Resident
  • Child of U.S. Citizen or Lawful Permanent Resident
  • Parent of a U.S. Citizen
  • Brother or Sister of a U.S. Citizen

There are various classifications of petitions which determine preference. These include:

  • Immediate Relative – Includes Spouse, Minor Child, and Parents
  • First Preference – Unmarried Children of U.S. Citizens, Over Age 21
  • Second Preference – Spouses and Children of Green Card Holders
  • Third Preference – Married Children of U.S. Citizens
  • Fourth Preference – Siblings of U.S. Citizens

Filing the Petition

The I-130 petition application must be filed by the sponsoring relative. Once the application is filed and accepted a priority date is provided. The beneficiary is placed on a waiting list for a visa number. The waiting list is managed by the Department of State. Those who are awaiting a visa may view the current priority date list online. It is helpful to consult with an immigration attorney to learn more about how to file a petition and expected wait times.

Petition Revocation or Withdrawal

A petitioner may decide to withdraw their application before it is adjudicated. Withdrawal may impact future petition applications so it is essential to review the situation before you make a decision to withdraw. The petition can be revoked for various circumstances. Some of these include:

  • The Petitioner Withdraws the Application
  • The Petitioner Dies
  • The Marriage is Terminated (For Marriage-Based Petitions)
  • Unmarried Child Gets Married
  • Petitioner Is No Longer A Legal Permanent Resident

In some cases the visa petition may be converted to a different type. For example, in the case of the death of the petitioner, the visa may still be allowed to continue based on humanitarian reasons. It is important to note that the USCIS can revoke the petition when the beneficiary has not applied for a visa within a year of petition approval.

The visa process can be complex and difficult to understand. For these reasons it is advisable to consult with an immigration lawyer to assist in determining how to proceed. Contact the experienced legal team at Udall Shumway PLC to discuss your case.

 

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding The Family Based I-130 Petition, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.