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Tag: #peticiónfamiliar

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Family Petition Lies You Should Know

When it comes to immigration to the United States, Family petitioning is one of the most common ways to obtain a Green Card. However, there are many myths surrounding this process. Here we debunk some of the main misconceptions about family petitions that you should know to avoid misunderstandings and surprises.

  1. A family petition guarantees a Green Card ❌
    This is a fairly common misconception. Approval of a family petition (Form I-130) does not automatically guarantee a Green Card. While the I-130 is the first step, the entire process can take several months or even years, depending on the visa category and the applicant's country of origin. In some cases, people must wait several years before they can move on to the next step, which is applying for permanent residency.
  2. US citizens can sponsor any family member ❌
    Contrary to popular belief, it is not possible to sponsor all family members. U.S. citizens can only sponsor immediate family members such as spouses, children, siblings, and parents. Other relatives, such as grandparents, grandchildren, in-laws, nephews, nieces, uncles, or cousins, are not eligible for this type of petition.
  3. Filing a family petition allows you to work immediately ❌
    This is another myth that can cause confusion. Filing a family petition does not automatically grant you the right to work in the United States. To work legally, the petitioner must file Form I-765, Application for Employment Authorization. Without this authorization, it is not possible to work legally, even if the family petition is approved.
  4. You just need to submit the request and wait until your family member receives the Green Card ❌
    The family-based petition process is not limited to filing Form I-130 and waiting patiently. There are several additional steps along the way. You will likely be asked for additional documentation, you will need to attend interviews, and it is essential to stay on top of any notifications sent by USCIS. Failing to pay attention to these details can delay the process and even result in the denial of your petition.

A family-based petition is an important path to obtaining residency in the United States, but it's crucial to understand the process thoroughly and be aware of the realities behind the myths surrounding it. If you're considering filing a family-based petition, be sure to consult an immigration expert for proper guidance and to avoid falling into these misconceptions.

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Step-by-Step Guide for the Family Petition

Transform the Dream of Permanent Residency into Reality

Imagine having your loved ones close by, sharing life in the United States with you. Would you like to make this dream a reality? All you need to do is file a Family Petition, and this guide will walk you through each crucial step.

Step 1 – Eligibility:

Verifying eligibility is the first crucial step. If you are a U.S. citizen, you can petition for your spouse, unmarried children under 21, parents, and siblings. For permanent residents, the petition can be filed for spouses and unmarried children under 21.

Step 2 – Inside or Outside the U.S.:

Depending on the location of the beneficiary family member, the process may vary. If they are within the United States, they can adjust their status; if they are outside, they will need to complete a consular process.

Step 3 – Forms: Essential Documentation

Complete Form I-130, making sure it is properly filled out and signed. For adjustment of status, Form I-485 is essential. For consular processing, Form DS-160 is required.

Step 4 – Evidence:

Submit documents that support the family relationship, such as birth certificates, marriage certificates, and, for permanent residents, a copy of the Green Card. Add financial evidence such as tax returns, bank statements, and employment letters.

Step 5 – Submit the Petition:

The citizen or legal permanent resident must submit the completed forms along with all required evidence.

Step 6 – Assessment and Interview:

Prepare for a possible interview, where the information you provided will be reviewed and your eligibility verified. This step will determine whether your case is approved or denied.

Step 7 – Obtaining the Green Card: A New Chapter in Your Life

If your petition is approved, an immigrant visa will be issued. Once in the U.S., the beneficiary can obtain a Green Card, marking the beginning of their new life. After five years, they will be eligible to apply for U.S. citizenship.

With this step-by-step guide, you're ready to embark on the Family Petition process and reunite with your loved ones in the United States. With perseverance and diligence, you can transform that cherished dream into a lifelong reality. Onward to a future filled with family reunions in the USA!

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Family Petition: Which relatives can you petition for in the United States?

Have you ever wondered who you can petition to bring your loved ones to live with you in the United States? Don't worry, we're here to answer those questions and guide you through the different family petition options!

First you need to understand this:

American CitizensPermanent Residents
American citizens have visas UNLIMITED for their immediate family members.Permanent Residents have visas LIMITED for their immediate family members.*
Immediate family members:
- Spouse.
– Civil or biological parents,
– Stepfather for those who married the biological father of the citizen before the American citizen turned 18. (Only applies to stepfathers or until the child turns 18 years old).
– Unmarried biological or civil children under 21 years of age.		Immediate family members.
– Single children under 21 years of age.
- Spouse.

NOTE: Having accumulated irregular presence makes you inadmissible for applying for Permanent Resident status.
Non-immediate relatives: (Only applies to citizens)
- Siblings.
– Married children.		*If the visa is not listed in the visa bulletin, it cannot be requested.
Adjustment of Status, which is done within the United States, cannot be requested if there is a backlog in the visa bulletin.

Now that we have that information clear, I'm going to tell you about the different family requests:

Request for Parents:
If you are a U.S. citizen and at least 21 years old, you can apply for permanent residence (Green Card) for your parents (mother or father).
Please note that permanent residents cannot make this request.

Marriage Proposal:

Both citizens and residents can apply to marry their partner.
In the case of citizens, couples will be able to adjust their status (within the USA) or go through consular processing (outside the USA) without any problem.
Meanwhile, resident couples will have to choose whether to adjust their status or go through consular processing, depending on the waiting list.

Petition for Children:
Both U.S. citizens and permanent residents can sponsor their children to live and work in the United States as permanent residents.

Remember that children of residents must be under 21 years of age.

Children's Request:
To bring your sibling to live in the USA and become a permanent resident, you must be a US citizen and over 21 years of age.

Note: Permanent Residents cannot petition for siblings to be beneficiaries of the Green Card.

Parents' Request:
If you are a U.S. citizen and at least 21 years old, you can apply for permanent residency (Green Card) for your parents.

Please note that permanent residents cannot make this request.

This is the perfect opportunity to get the family together. Ready to get started?

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Family Reunification, the reality to be able to apply

Family reunification is only for citizens of Colombia, El Salvador, Guatemala, or Honduras who have approved family petitions. A family petition refers to when a parent petitions for their children, a married couple petitions for their spouse, or a child petitions for their parents.

It is important to note that you cannot apply for this program as you would normally apply for any type of immigration application; instead, the Federal Government will select the families that have approved family petitions and are on the National Visa Center's waiting list.

Citizens applying to the program must also be outside the United States, meet medical and screening requirements, and not have received an immigrant visa. What if I'm eligible?

If they are deemed eligible, they will be considered for parole to remain in the United States for up to three years while their process to become legal permanent residents continues.

Did this help clarify your doubts about family reunification? Let us know in the comments!