An immigration petition is an application that allows you, as a United States citizen or lawful permanent resident, to sponsor and request a visa for a certain foreign-born individual. Now, the United States Citizenship and Immigration Services (USCIS) offers varying ways to petition for these foreign-born individuals, depending on the exact relationship you share with them. With that being said, please follow along to find out the most common type of immigration petitions offered by the USCIS and how one of the proficient green card lawyers at Lupton Law LLC can help you through the process of whichever one you choose.
What are the most common kinds of immigration petitions I can file?
Simply put, the two most common types of immigration petitions are those for foreign-born relatives and prospective employees. More specifically, there is Form I-130, Petition for Alien Relative, and Form I-140, Immigrant Petition for Alien Worker.
On the one hand, you may use Form I-130 to establish your relationship with an eligible relative who wishes to immigrate to the United States. Such eligible relatives include your spouse or your unmarried children under the age of 21; or, your siblings or parents if you are over the age of 21. Of note, if you have lawful permanent resident status in the country, then you may only be able to petition for your unmarried children.
Then, on the other hand, you may pursue Form I-140 to help classify a foreign-born individual as someone who is eligible for an immigrant visa based on employment. With this, you may have to solidify that you can pay the offered wage to this individual to whom you have offered employment. This may have to be in addition to a job offer letter, labor certification, and more.
What does the immigration petition process look like?
Regardless of whether you are looking to sponsor an alien relative or worker, the process of filing an immigration petition is generally the same. You may expect the following steps to be taken:
- You must fill out and file Form I-130 or Form I-140 with the USCIS, whichever is most relevant to you.
- You and the foreign-based individual must submit fees, forms, and supporting documentation to the National Visa Center.
- You must fill out and file Form I-864, Affidavit of Support, along with other financial evidence and supporting documentation.
- The foreign-based individual must fill out and file Form DS-260, Application for Immigrant Visa and Alien Registration.
- The foreign-based individual must submit the civil documents required to support their application.
- The foreign-based individual must schedule and complete a medical examination before their immigrant visa interview.
- The foreign-based individual must attend their scheduled immigrant visa interview with the requested supporting documentation.
To learn more about how to handle an immigration petition, please get in touch with one of the talented green card lawyers from Lupton Law LLC. Better yet, schedule your initial consultation with our firm today.
