Family Based Petition

Family Based Petition

The family unit is the most basic structure of society. Accordingly, it is only natural for families to want to be together. The U.S. government recognizes this desire, which is why they make family based petitions available.

If you are an American citizen or a legal permanent resident and you have relatives that you would like to sponsor, then it is sensible to meet with an immigration attorney in Miami. The lawyers at Almeyda Law, P.A. have extensive experience when it comes to family based petitions. They may be able to help you reunite with your family on U.S. soil.

Family may become separated in different nations for any number of reasons. When circumstances change, they may decide that they prefer to live together in the U.S. A family based petition can make that dream a reality. As with all forms of immigration, certain eligibility requirements must be met.

The most basic of these requirements is the need for a U.S. citizen or legal permanent resident, which means someone who holds a Green Card, to sponsor the relative or relatives who wish to immigrate to the U.S. The sponsor must be able to furnish proof of their U.S. citizenship or their status as a Green Card holder. Additionally, the government requires the sponsor to prove that they can afford to support the immigrant at 125% above the poverty line.

If the sponsor is a born or naturalized U.S. citizen, then they may sponsor certain relatives. These relatives may include:

  • A spouse
  • Unmarried minor children
  • Unmarried adult children
  • Married child of any age
  • Siblings
  • Parents

An individual who holds a Green Card has a shorter list of eligible family members. These include:

  • A spouse
  • Unmarried minor children
  • Unmarried adult children

Note that cousins, grandparents, aunts, uncles and other relatives are not permitted to sponsor an immigrant from another nation under a family based petition.

Filing a family based petition is not necessarily an easy process. Proper documentation is required, and the forms that the government demands must be filled out in exacting detail. The process begins with the filing of Form I-130, which is the Petition for Alien Relative. Proof of the relationship between the sponsor and the beneficiary is required, along with other documentation and a fee.

The beneficiary also must begin the process of seeking their Green Card. If they are already in the U.S., then they can file form I-485, which is for an Adjustment of Status. Relatives living outside of the U.S. must go to the local consular office to begin the Green Card process there.

Filing these forms is only the beginning. There are many pitfalls along the way, and considerable time is necessary. However, the entire process can be streamlined with the help of a qualified immigration lawyer in Miami.

Working with a lawyer ensures that you and your relatives comply with all basic requirements for a family based petition. Contact Almeyda Law, P.A. at (305) 914-3714 for a free consultation.