Guides that walk you through each stage of completing Form I-130, Petition for Alien Relative, might be useful, but they rarely address the most salient or challenging questions that may arise. The official I-130 instructions are available at USCIS.gov.
This blog, however, covers details not described in the i130 instructions, including some of the important difficulties to address. Remember, there is no one set of rules for filing Form I-130 that applies to everyone.
The Relationships
First, you must decide which relative you’d like to approach. Compared to United States citizens, only legal immigrants are allowed to apply for their spouses or unmarried children.
Application for a Parent or Child
If you are filing an I-130 application on behalf of a parent or child, you will be asked to indicate the nature of your relationship with the applicant. The laws that apply to step partnerships and adoptive connections are more complex than those that apply to biological relationships, which are typically the simplest to figure out.
For instance, a marriage that results in a stepchild being raised by stepparents must occur before the kid reaches the age of 18 years old. Petitioners with step or adoptive links will be required to present additional documentation as proof of the relationship between them.
There are a few more inquiries related to the relations formed by adoption. In most cases, the questions may be answered with little effort. However, as was discussed earlier, adoptive relationships can make the process more difficult. Therefore, it is typically advised to seek the assistance of an immigration attorney.
Background Data of the Applicant
This may be easy to understand, but the USCIS I-130 directions don’t cover a few key ideas that a person should know.
1 – Your Marriage Details
If your spouse will benefit from your petition, your marriage past (if any) will be looked at more closely. First, you must show that your or your partner’s past marriages are over. In simple terms, you’ll need proof of a divorce or death.
Suppose you become a legal resident of the United States because of a previous marriage with a U.S. legal permanent resident. In that case, you cannot submit Form I-130 for a spouse unless one of the following is true:
- You’ve been a permanent legal resident for five years now.
- You lost your legal right to remain in the country due to the divorce from a marriage that granted you citizenship.
- There is a plan B if you don’t fit the first two categories. You have another choice if you can show, with clear and convincing evidence, that your first marriage, through which you got permanent citizenship, was not done to get around immigration laws. You are qualified for the exemption if you can do this. This can be difficult, and you may need the help of a lawyer to get through it.
2 – History of Addresses
When it comes to the I-130 petition, your address history is fine if you are a U.S. citizen. However, the country in which you now reside will have a major effect on the outcome of your case. The applicant must submit Form I-864, Affidavit of Support, once the I-130 has been authorized and your relative has applied for a green card.
For Form I-864, Affidavit of Support, to be filed, the petitioner (sponsor) must live in the USA. In general, there are a few things that could happen:
- If the sponsor lives and works in the United States, that country is considered the person’s place of residence. Nothing is wrong with this.
- This could be an issue if the person lives outside the U.S. constantly. Form I-864 requires the sponsor to show that they will return to the United States as their permanent residence.
Illegal Entry
If your family member wants to become a citizen of the United States, immigration or (class of admission) status is a very important factor. To change status, your relative must first have a legal way. The directions for the I-130 do not talk about this. This is because Form I-485 needs proof of legal entry.
Your relative can enter the country legally if granted admission or parole. The majority of the time, this means that the foreigner entered the country legally, made a visit with a United States immigration official, and received the officer’s confirmation of entry.
Enclosing with Additional Information
If you have ever applied to beneficiaries or another alien (relative), you must answer yes on the new petition. Conclude what happened with your previous requests and review the ones you’ve already submitted. Please verify that all of your evidence and made them clear.
This is true if you sent Form I-130 and USCIS rejected the case. Learn why your case was denied and how it might affect your current request. If possible, talk to an immigration lawyer.
Read More: https://insightssuccess.com/
