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.
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.
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.
Unfortunately, thousands of family-based petitions are denied every year. The Law Offices of Anastacio De La Cruz is here to help you successfully submit your request. While we cannot guarantee that the government will grant your relative a green card, we can help prepare the necessary forms and make sure that everything is filed correctly and on time. You do not want the reason for a rejected application to be because of a simple mistake.
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