If you have recently immigrated to the United States or have family members already established there and want to join them to set up permanent residence, essential steps must be taken for the process to go smoothly. In this blog, we’ll look at the requirements for starting a family petition and how working with a reputable immigration attorney can help expedite the process.
Read on to learn more about the process, and if you’re looking for more information or need help with other immigration issues, call our offices in the New Orleans area. At Malvern C. Burnett, we’re dedicated to helping our clients solve their immigration issues and move forward to lead healthy and prosperous lives in their new homes.
Understanding the Family Petition Process
If you’ve become a resident of the United States through the immigration system, you may be eligible to begin the process of legally bringing certain family members as well. The process has many steps, and all requirements must be met before the process can be started. If you’re unsure or intimidated by the
family petition process, a New Orleans immigration attorney may be able to help.
Determining Your Eligibility For a Family Petition
To file a family petition, you must be a United States citizen or a lawful permanent resident (green card holder) and meet specific relationship requirements. Generally speaking, U.S. citizens may petition for spouses, children (both married and unmarried), parents, and siblings. Similarly, a lawful permanent resident can petition for spouses and their unmarried children but cannot petition for parents to be included in the family petition process.
Gathering the Necessary Documentation
If you are confident that you meet all the requirements to start the family petition process, you’ll want to start gathering the necessary documents. Some documents you’ll need include birth certificates of all parties, proof that a sponsored relationship exists, and legal forms, like a green card, that prove permanent resident status. Once all required documents have been gathered, petitioners should begin to fill out Form I-130, the required document for the family petition process.
Financial Requirements
When petitioning for certain family members, such as parents or siblings, you may need to meet specific financial requirements to demonstrate your ability to support them financially. In other words, you’ll need to provide documentation of your job and assets to support your family until they can find employment and become financially independent.
Filing the Form I-130
After the family petition form has been filled in, petitioners should double-check their answers to avoid delays during processing. The form can be completed online and sent electronically along with supporting documents and applicable fees, or petitioners can print the forms and send the petition packet to an immigration processing center. Make sure to follow the instructions carefully, be truthful in your answers, and submit the appropriate fees and documentation to avoid delays during processing.
Waiting for the Petition To Be Processed
Once the I-130 form is processed, the following steps depend on whether the family member seeking admittance to the country is inside or outside the United States. If they are outside the U.S., they will go through consular processing at a U.S. embassy or consulate in their home country. If they are already in the U.S., they may be able to adjust their status to that of a lawful permanent resident without leaving the country.
Responding to Any Requests for Additional Evidence
During the family petition process, there may be times when government officials need more information to process your application. Petitioners should respond to these notices promptly and do their best to provide the requested supporting evidence to avoid delays during processing. One example of additional evidence may be a valid wedding license if the couple is newly married and have no other documents to support an established relationship.
Potential Delays and Backlogs
Family-based immigration processes can sometimes be subject to significant backlogs and delays due to visa availability limitations and the overall demand for immigration. It’s important to know that the processing and approval timeline can vary significantly depending on the specific circumstances and country of origin. This information provides a general overview of the family petition process, but it’s crucial to consult official immigration sources or an immigration professional for specific guidance tailored to your situation.
Do You Need Legal Guidance in the Family Petition Process?
At the Law Office of Malvern C. Burnett, we are dedicated to helping you achieve your goals and reunite with your family. Our mission is to provide our clients with the highest quality legal service to obtain their immigration status in the United States. Our immigration lawyers in New Orleans, Louisiana, Ocean Springs, Laurel, and Forest, Mississippi specialize in various other immigration services like work visas, deportation, and removals. Call us today to schedule an appointment or for more information about the services we offer.
