General Family Petition Questions
JUN 23, 2022

One of the most common immigration processes are family petitions. In today's blog we are going to be answering the most common questions that my clients have regarding this process.

Who can be petition for?

Depending on whether you are a citizen or resident of the United States, there are categories of beneficiaries of family petitions.

If you are a US citizen, you may file a family petition for your spouse, your children, both adults and minors, married or unmarried; your brothers and sisters; and your parents. For these last two categories, the petitioner must be over 21 years of age.

If you are a permanent resident, you can only petition your spouse, and your unmarried children, whether they are adults or minors.

What is the age of majority in immigration proceedings?

In immigration proceeding, a person is considered to reach the age of majority when they reach 21 years of age.

Could my spouse's child (stepson or stepdaughter) be petitioned?

The answer to this question is it depends. You may petition for your spouse's child (stepson or stepdaughter), if at the time you married your spouse, your stepson or stepdaughter was under 18 and unmarried. In the same way, an American citizen could petition his stepfather or stepmother, if the marriage between him and his biological father took place when he was a minor.

What are derivative beneficiaries?

Derivative beneficiaries are the spouses or unmarried children over 21 years of age, of US citizens or residents, for whom it is not necessary to file individual family petitions, because they are derivatives of the main beneficiary. This is the case of unmarried children over 21 years of age, of married children and of the brothers and sisters of American citizens; as well as the minor children of the spouses, and of the children of American residents. For these beneficiaries, it is not necessary to make a different request, nor pay a different fee.

If I acquired my residence through a marriage that has already concluded, can I petition my new spouse?

If you acquired your residency through marriage, in order to petition your new spouse, you will need to show that you are a US citizen, or a resident of the United States for at least five years, and that the previous marriage, by which you obtained the resident status, was held in good faith, and not to obtain an immigration benefit.

Could I petition my grandfather?

Unfortunately, a family petition cannot be filed for grandparents, grandchildren, nieces and nephews (unless they are minors and derivative beneficiaries of your brother and/or sister's family petition), uncles or aunts, cousins, or in-laws.

I hope this short blog has answered all your questions regarding family petitions. If you have any other questions, or if you need help with your immigration process, don't hesitate to call us. In Y. Morejon Attorney, P.A. we can help you with your immigration case. The first consultation is free. In Y. Morejon Attorney, P.A. Your problem is our problem.

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Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.

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