New York Skyline

Dedicated. Dependable. Personal Attention

White House & United States Flag

“Oh, say does that star-spangled banner yet wave. O’er the land of the free and the home of the brave” – U.S. National Anthem

US Passport

“We become not a melting pot but a beautiful mosaic. Different people, different beliefs, different yearnings, different hopes, different dreams.” – President Jimmy Carter

Pledge_of_Allegiance

“…with liberty and justice for all.”

Relative Petitions (I-130)

One of the main factors in determining your eligibility to apply for a relative petition is the immigration status of the sponsoring relative.   It will also determine the length of time you will need to wait.  For example, those immediate relatives of a U.S. citizen include the USC’s parents, spouse and children under 21 years of age.  If you fall into the immediate relative category, visa numbers are always current and available.   Depending onwhere the foreign national is residing at the time will help determine if the application can be filed in the U.S. through the USCIS office or whether consular processing would be utilized.

There are four family based preference categories and the time it takes for these visas to be available is governed by the Department of State and can be located in the Visa Bulletin which is updated every month (click on “links” tab).  U.S. Citizens can sponsor their brother and/or sisters (F-4 category) and half-siblings may petition for one another as well.  With one of the longest wait times, this F-4 category currently is taking up to 8-9 years.    

Sometimes the sponsor (petitioner) may pass away after the I-130 relative petition has been approved, leaving behind the intending immigrant.  In such cases, the I-130 may be reinstated by the Attorney General.  The death of the petitioner  will automatically revoke the I-130 petition unless USCIS decides that for humanitarian reasons, the petition should not be revoked and there is a substitute sponsor under the Family Sponsor Immigration Act of 2002.  An I-130 petition filed by a spouse who dies is not automatically revoked where the surviving spouse qualifies as a widow(er) under the Immigration & Nationality Act (INA).  If the beneficiary is the spouse of a USC and they were married for 2 years and the surviving spouse is not remarried, the I-130 petition is automatically converted into an I-360 self-petition and no affidavit of support is required.