Understanding US Immigration Petitions

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An individual files an immigrant petition for a relative in the hopes of bringing him/her to the US and live together as a family. There are a lot of problems a petitioner (the person filing the petition) and his beneficiary (relative being petitioned) encounters during the petition process. This problems result from a lack of understanding in the types of immigrant petition that suits their needs.

An immigrant petition must have a strong foundation before it is filed, meaning all necessary documents and requirements must be met by the petitioner and the beneficiary. A family based immigrant petition can be filed by either a US citizen or a legal permanent resident. For a US citizen, he may file an immigrant petition for his spouse, unmarried child 21 years of age and below, unmarried son or daughter 21 years of age and above, married son or daughter, parents and siblings. For a legal permanent resident, the immigrant petition is valid only for the spouse and unmarried son or daughter.

An immigrant petition waiting period also varies depending on the status of the petitioner. Usually, an alien relative or beneficiary of a US citizen will wait for 6 months to 1 year for the visa processing while a legal permanent resident’s relative will wait for 5 years and more. This is because visa is limited for the category of a legal permanent resident’s petition for his alien relative. Currently, there are oversubscribed visa applications, thus, waiting period is delayed by several years in some countries.

Aside from the waiting period, beneficiaries of a family based immigrant petition should understand that they are no longer allowed to apply for a tourist visa or other non-immigrant visas. This action is seen as a questionable act since having a pending visa means a relative is already in the US and the tourist visa may be used as a way to shorten the waiting period they have to go through. There are a number of immigrant petition denials because beneficiaries attempt to apply for a tourist visa not declaring their pending immigrant petition . Every application form requires true and accurate information that the applicant signs and files for verification. Once the US immigrant petition is checked and the consul finds out about the misrepresentation of facts, this will raise a flag that important information was withdrawn perhaps for the intention of going to the US not as a tourist but to immigrate.

There are very small things that people do not realize will have a big effect on the status of every immigrant petition they file. Dealing with US immigration laws and procedure must be carefully followed to avoid such hindrances as mentioned above.

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One Response to “Understanding US Immigration Petitions”

  1. i have a question about my petition ,,,my mother petition me before i got married my petition now was release wat wil i do now?pls give me a advise

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