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How to file a petition for your parents?

The I130 family petition is a crucial part of the United States immigration process, and it serves to reunite families that have been separated by borders and distance. When parents are the beneficiaries of the I130 family petition, it is essential to understand the requirements and procedures involved in the process to ensure a successful outcome. Today’s blog will explore the I130 family petition when parents are the beneficiaries, including the eligibility criteria, the application process, and some common issues that may arise.

Eligibility Criteria

To be eligible for the I130 family petition, the parents must have a qualifying relationship with their US citizen child. In general, a qualifying relationship refers to a biological or legal parent-child relationship. However, it is important to note that there are some exceptions to this rule. For example, in some cases, a stepparent or adoptive parent may be considered a qualifying parent, even if there is no biological relationship.

It is also important to note that the petitioning child must be a US citizen and at least 21 years old.

Application Process

The I130 family petition process begins with the filing of Form I-130, which is the Petition for Alien Relative. This form is used to establish the relationship between the US citizen child and their parent, as well as to provide information about the parent's immigration status and history. In addition to the completed form, the petitioner must also submit evidence of their US citizenship, such as a birth certificate or passport.

Once the petition is filed, it will be reviewed by US Citizenship and Immigration Services (USCIS). If the petition is approved, it will be forwarded to the National Visa Center (NVC) for processing. The NVC will then send the parent a packet of information, which will include instructions on how to apply for an immigrant visa.

The parent will need to complete several steps to obtain their immigrant visa. First, they will need to undergo a medical examination and obtain any necessary vaccinations. They will also need to submit a variety of documents, including their birth certificate, passport, police clearance certificate, and evidence of financial support. The parent will then attend an interview at the US embassy or consulate in their home country, where they will be asked questions about their immigration history, their ties to their home country, and their relationship with their US citizen child.

Assuming everything goes smoothly, the parent will be granted an immigrant visa, which will allow them to enter the United States as a lawful permanent resident. However, it is important to note that the process can take several months or even years, depending on various factors such as the parent's home country, the volume of applications being processed, and any issues that arise during the application process.

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Common Issues

There are several common issues that may arise during the I130 family petition process when parents are the beneficiaries. One of the most significant is the issue of inadmissibility. Inadmissibility refers to situations where an individual is barred from entering the United States due to certain criminal or immigration-related issues. For example, if a parent has a criminal record or has previously been deported from the United States, they may be deemed inadmissible and therefore unable to obtain an immigrant visa.

Another issue that may arise is the issue of financial support. As part of the application process, the petitioner must demonstrate that they are able to financially support their parent once they enter the United States. This can be challenging, especially if the petitioner does not have a steady income or if they have other financial obligations, such as student loan debt.

If you need more information about how to sponsor your parents to come to the United States, feel free to call us and schedule a free first Consultation. At Y. Morejon Attorney, P.A. your problem, is our problem.

Legal Disclaimer

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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