Filling Out Form I-130: Son Or Daughter (Married Or Over 21) Of U.S. Citizen

Speak to an Attorney to Petition a Family Member in Los Angeles

As a United States citizen, you may be surprised to learn that should you have foreign-born children who are over age 21 or married, you may have legal options allowing you to file a petition that would allow them to immigrate to the United States and receive a green card, giving them permanent residency.

 

However, you will need to file form I-130, which can be complicated and confusing. Since there will be many steps along the way, it is crucial you and your relatives know exactly what to do. Otherwise, your request could be denied or significantly delayed. Rather than make unnecessary mistakes, get your questions answered by working with an immigration lawyer in Los Angeles from Alami Law.

Preference Relative

Once you decide to pursue this avenue of immigration by filling out and submitting form I-130, it is important to remember that this is only the start of what will be a long legal process. To begin with, your son or daughter will be termed a "preference relative" rather than an immediate relative.
This is an important difference, since preference relatives must deal with annual quotas pertaining to the number of green cards given out. Therefore, you must make sure everything is done correctly and by certain deadlines. To ensure this happens, work with a Los Angeles family immigration lawyer at Alami Law.

Who Can Qualify as Your Son or Daughter?

While this may sound like an odd question, it is actually very important in determining if form I-130 applies to your situation. To qualify as your son or daughter who meets this criteria, you must show your son or daughter is a natural-born child born to married parents, is a natural-born child born to unmarried parents, or is a stepchild. However, if your son or daughter is a stepchild, you must show the child was 18 years of age or younger when the parents got married, and that the child's parents are still married. Therefore, you will need additional documents proving you are married. If questions arise along the way, meet with an attorney for immigrant families Los Angeles clients trust from Alami Law.

Child Already a U.S. Citizen?

In some of these cases, it turns out your son or daughter may already be a U.S. citizen, and thus will not need to go through the process of obtaining a green card. Therefore, you should always check to see if this has occurred. To do so, you will need to confirm your citizenship status, and may also want to work with a permanent residency attorney Los Angeles residents trust from Alami Law. By doing so, you can verify your status as a U.S. citizen, clearing the way for your child to be fully-realized as a U.S. citizen.

How Long Will the Immigration Process Take?

Once you decide to begin the I-130 process, you will of course be wondering how long it will take to have your son or daughter immigrate to the U.S. and receive their green card. Unfortunately, it will likely not be a quick process once it is started. In fact, it may take several years for your son or daughter to gain final approval and be allowed to enter the United States. For example, if your child is already married and you are a U.S. citizen, they will be given "Third Preference" relative status, of which only slightly more than 23,000 green cards are issued annually. As for "Second Preference" relatives, which are those who are unmarried children age 21 or older whose parents are U.S. green card holders, just slightly more than 26,000 green cards are given out each year. To gain a better understanding of this process, work with an attorney to petition a family member in Los Angeles from Alami Law.

Living in U.S. without Authorization

If your child is considered to be living unlawfully in the United States, the situation will be far more complicated. This can make them ineligible for a green card for many years or perhaps permanently, and could possibly lead to deportation. If facing such a situation, turn to an immigration lawyer in Los Angeles from Alami Law. By doing so, you and your children can work with a Los Angeles family immigration lawyer who has dealt with such cases in the past and knows how to get them resolved in favor of their clients. While you may think your child already having an approved I-130 application solves this problem, you are wrong. Therefore, put this matter in the hands of your attorney as soon as possible.

Required Documents for Form I-130

When completing form I-130, it is vital you have the required documents that must be submitted with the application. Otherwise, the application will be denied or significantly delayed, putting your child's immigration at risk. To make sure this does not happen, always include documents that show proof of your U.S. citizenship, such as a birth certificate, as well as documents that show proof of your parent-child relationship. This can be such things as the child's birth certificate listing you as their father. Since you may need assistance gathering such documents and answering any questions asked by immigration officials, do not hesitate to speak with an attorney for immigrant families Los Angeles residents rely on for answers, such as an attorney at Alami Law.

What Happens Next?

Once form I-130 is sent off to the USCIS, the waiting game begins. Therefore, always make sure you have included the fee, which is currently $535. Otherwise, the form will be returned to you. In many cases, the USCIS will request additional documentation from you, which may create additional delays. To ensure all goes well, consult with a permanent residency attorney Los Angeles looks to for answers at Alami Law.

Whether your request is accepted or denied, always make sure you have expert legal advice each step of the way. Therefore, schedule your consultation today with an attorney to petition a family member in Los Angeles from Alami Law.

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