Indio Family-Based Petition Lawyer

Uniting Families One Visa at a Time in Palm Desert

If you want to petition for a family member to join you in the U.S., the Law Offices of Anastacio De La Cruz is here to provide the guidance you need. Whether you are just beginning to look into the process of helping your relative immigrate to the U.S., or you already applied for a visa and have been denied, our Indio family-based petition attorney is ready to assist in finding a solution.

We understand how stressful it can be to be away from your family. That is why our legal team at the Law Offices of Anastacio De La Cruz is committed to helping you get your application filed as quickly as possible.

To schedule a consultation to discuss your options, contact our Palm Desert immigration lawyer online or at (760) 610-0606 today.

Relatives for Whom You May Petition

The family members whom you are eligible to sponsor depends on if you are a citizen of the United States or a legal permanent resident (LPR). If you are a U.S. citizen, you may file a family-based petition for your spouse and children. If you are over the age of 21, you may also apply for a green card for your parents or siblings. As an LPR, or current green card holder, you may sponsor your spouse and your unmarried children.

Can I Make my Mom a US Citizen?

As a US citizen, you can petition your mom to be a US citizen. You must file a separate petition for each one of
your direct relatives, including your own children. To sponsor your mother and father, file a separate petition for each. If they have other children—your brothers and sisters—file a separate petition for each of them. Visas are
immediately available for mothers and fathers of U.S. citizens, but visas are not immediately available for brothers and sisters of U.S. If you marry someone with a child, The child will usually qualify as your stepchild if he or she was unmarried and under 18 years of age at the time of your marriage.

How Long Does it Take to Petition Brothers or Sisters?

If you have filled the correct paperwork, the application will be approved. It will take somewhere between 2 to 5 years to petition your siblings. But the waiting time may further extend in some cases. You may be asked to wait until the priority date and the visa bulletin dates become current. But, before you can even do all of that, you must have filled out Form I-130 and submitted it to the USCIS.

Family-Based Immigration Requirements

Several requirements exist to immigrate through a family-based petition, including:

• Sponsorship: The U.S. citizen or LPR who wishes for their family member to obtain a green card must file Form I-130, Petition for Alien Relative, to establish that they have a qualifying relationship with the relative.
• Evidence of relationship: Along with Form I-130, the filer must submit sufficient evidence that establishes the biological or marital relationship. The necessary forms may include birth records or marriage certificates.
• Application: The individual being sponsored is responsible for applying for the green card. This can be done through either consular processing (for those outside of the U.S.) or through adjustment of status for an individual who is already in the U.S.
• Affidavit of Support: The U.S. petitioner must also file Form I-864 to show that they will provide financial support for the immigrant family member if he or she cannot support himself or herself. Generally, the U.S. sponsor must have an income that is no less than 125% of the federal poverty level.
• Admissibility: The individual applying for a green card must prove that he or she is not inadmissible to the U.S. That means they will need to show that they do not pose a threat to society based on health, criminal record, or immigration violations.