Family Petitions

Family petitions are a process under United States Immigration Law that allows certain individuals to sponsor the entry of their relatives into the United States. The Law authorizes the entry of family members based on their relationship with a U.S. citizen or legal resident of the United States. It's important to emphasize that the concept of family under the Law may not necessarily be the same as the one used culturally.

The right to file a family petition belongs to family members with legal status, not the foreign family member. In other words, only U.S. citizens and legal residents can file a petition.

If you are a U.S. citizen, you can file a petition for the following family members:
 

• If you are over 21 years old, you can file a petition for your parents
• If you are over 18 years old, you can file a petition for your spouse
• Your unmarried children under 18 years old
• Your married or adult children
• Your siblings

If you are a legal resident, you can file a petition for the following family members:
 

• Your unmarried children
• Your spouse
  

The family petition process is a two-part procedure that commences with the submission of Form I-130. This form serves to establish the petitioner's legal status to request on behalf of a foreign national and validate the familial relationship between them. In practical terms, the approval of Form I-130 essentially signifies that you are recognized as either a citizen or resident and affirms your familial connection.

Upon approval of Form I-130, the second phase ensues. This subsequent step entails substantiating the eligibility of the foreign family member for entry into the United States. In essence, it necessitates demonstrating that the family member seeking entry has not committed disqualifying offenses, has not previously entered the United States in violation of any laws, and meeting other criteria essential for entry approval. Provided that the family member has not engaged in any disqualifying activities, they will proceed with the approval process, allowing for their entry or stay in the United States.

Depending on whether the family member is already within the United States and their mode of entry, they may be eligible for a procedure known as "adjustment of status," enabling them to obtain permanent residency without the need to depart from the United States. If the family member does not meet the requirements for an adjustment of status, they will acquire permanent residency through a consulate procedure conducted in their home country.