If you want to bring a family member to the United States, filing a petition is the first step. A petition for a family member allows U.S. citizens and permanent residents to help their relatives immigrate. This process is essential for keeping families together, but it’s important to understand who qualifies and what the requirements are.
What is a Petition for a Family Member?
A petition for a family member is a legal request made to U.S. Citizenship and Immigration Services (USCIS) to allow a qualifying relative to come to the U.S. and live permanently. The petitioner must prove that a valid family relationship exists, and the petition is the starting point for the immigration process.
Who is Eligible to Petition a Family Member?
Only U.S. citizens and lawful permanent residents can petition for certain family members. U.S. citizens can petition for their spouses, children (unmarried and under 21), adult children, parents, and siblings. Permanent residents, on the other hand, can petition for their spouses and unmarried children of any age.
What Are the Requirements for Family Petition?
To petition a family member, the petitioner must file Form I-130, the Petition for Alien Relative. You must include proof of your U.S. citizenship or permanent residency status, as well as documentation proving your relationship with the family member. Depending on the relationship, you may need birth certificates, marriage certificates, or other legal documents. It’s also essential to meet the financial requirements to ensure your relative won’t need public assistance.
How Long Does it Take to Petition a Family Member to the U.S.?
The processing time for a family petition varies based on the type of relationship and the petitioner’s status. Petitions for immediate relatives of U.S. citizens, like spouses, parents, or minor children, usually take less time—ranging from 12 to 18 months. However, for permanent residents or petitions for siblings or adult children, the process can take several years, depending on visa availability and other factors.
Need help with a family petition?
Contact J. Molina Law Firm today to guide you through the process and answer any questions. Our legal team is here to help you bring your loved ones closer.
