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What is Form I-130 and How Do You Use It to Establish the Existence of a Relationship to Relatives Who Wish to Immigrate to the United States?

9/29/2015

What Form Do You Use to Establish the Existence of a Relationship to Relatives Who Wish to Immigrate to the United States?

A citizen or lawful permanent resident of the United States may file form I-130, Petition for Alien Relative, with United States Citizenship and Immigration Services (USCIS), to establish the existence of a relationship to certain alien relatives who wish to immigrate to the United States.

A separate form must be filed for each eligible relative. USCIS processes Form I-130, Petition for Alien Relative, as a visa number becomes available. Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident.

If you are a U.S. Citizen you must file a separate form for each eligible relative. You may file form I-130 for:

A.   Your spouse

B.    Your unmarried child under age 21.

C.   Your unmarried son or daughter age 21 or older.

D.   Your married son or daughter of any age.

E.   Your brother(s) or sister (s). ( you must be 21 years of age or older).

F.   Your mother or father. ( you must be 21 years of age or older).

If you are a lawful permanent resident of the United States, you must file a separate form for each eligible relative. You may file form I-130 for:

A.   Your spouse

B.    Your unmarried child under age 21.

Christopher Tompkins is an Immigration Attorney that has been handling Citizenship and Green Card Matters for over 20 years in New York City for residents of Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Contact him at 212 962-5363.

Email: [email protected]

Visit his website at http://www.ny-immigration-lawyer.net/

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What is the difference between an immigrant visa and nonimmigrant visa?

9/28/2015

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What is the difference between an immigrant visa and nonimmigrant visa?

IMMIGRANT VISA

An immigrant visa is the visa issued to persons wishing to permanently live in the U.S. In other words, they have an immigrant intent. The visa is issued at the U.S. Consulate after an application for an immigration visa has been approved.

The application for immigrant visa is called DS-260 and is available to people who have been approved as a qualified relative of a U.S. citizen or legal permanent resident. The application is also available to certain people who qualify in certain employment categories that most times also require labor certification. Lastly, the application is also available to those who have been selected for the Diversity Immigrant Visa program.

The immigrant visa application process is for people who are outside the United States. After entering the United States, the person who has received an immigrant visa from a U.S. Consulate will receive a permanent resident card ( or green card). The Adjustment of Status process, on the other hand, is available to people who are already in the United States and who qualify for an immigrant visa based on a family or employment category, or based on a diversity selection. In that case, an immigrant visa is not issued since the applicant, if approved, will receive a permanent resident card ( or green card) while in the United States.

NONIMMIGRANT VISA

A nonimmigrant visa is the visa issued to persons who live outside the U.S. but who wish to be in the U.S. on a temporary basis such as tourism, medical treatment, business, temporary work, or study.

Examples of common nonimmigrant visas are as follows: B Visa, The two types of B visa are the B-1 visa, issued to those seeking entry for business purposes, and the B-2 visa, issued to those seeking entry for tourism or other non-business purposes.

F Visa,  F-1 visas are for full-time students, F2 visas are for spouses and children of F-1 visa holders and F-3 visas are for "border commuters" who reside in their country of origin while attending school in the United States.   The M-1 visa is a type of student visa reserved for vocational and technical schools.

H Visa, H visas are issued to temporary workers in the United States.
The H-1B classification is for professional-level jobs that require a minimum of a bachelor's degree in a specific academic field. This visa also covers fashion models of distinguished merit and ability. The H-2A visa allows a foreign national entry into the US for temporary or seasonal agricultural work for eligible employers under certain conditions (seasonal job, no available US workers). The H-2B visa allows a foreign national entry into the US for temporary or seasonal non-agricultural work.   The H-3 visa is available to those foreign nationals looking to "receive training in any field of endeavor. H-4 visa is issued to immediate family members of H visa holders. They are also eligible for employment.

There are many more nonimmigrant visa classifications that are not listed here.

Christopher Tompkins is an Immigration Attorney that has been handling Citizenship and Green Card Matters for over 20 years in New York City for residents of Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Contact him at 212 962-5363.

Email: [email protected]

Visit his website at http://www.ny-immigration-lawyer.net/

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Can a U.S Citizen Stepfather or Stepmother Sponsor a Stepchild for a Green Card?

9/23/2015

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Can a U.S Citizen Stepfather or Stepmother Sponsor a Stepchild for a Green Card?

Yes. An unmarried stepchild, under the age of 21 years whose relationship to the U.S. Citizen stepparent was derived from marriage by the child's biological parent to the U.S. Citizen stepparent before the child became 18 years old, qualifies as an immediate relative. See, INA § 101(b)(1)(B)

Thus, the stepchild (a) must be unmarried (b) under 21 years old, and (c) must have been under 18 years when the stepchild's biological parent married the stepparent to qualify.

If these requirements are met, the U.S. Citizen stepparent ( stepfather or stepmother ) petitions with the I-130 form for approval of the stepchild as an immediate relative. This can be filed simultaneously with an adjustment of status application ( I-485) if the child is present in the United States. Otherwise, a visa application has to be processed at a U.S. Consulate abroad after the immediate relative petition (I-130) has been approved.

To prove the stepparent and stepchild relationship, provide copies of the following documents when submitting the immediate relative petition (I-130): 1-the child's birth certificate, 2-the marriage certificate showing the marriage of the stepparent to the stepchild's biological parent when the child was under 18 years of age, and 3-copies of divorce decrees of any prior marriages of the stepparent and the biological parent.

Christopher Tompkins is an Immigration Attorney that has been handling Citizenship and Green Card Matters for over 20 years in New York City for residents of Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Contact him at 212 962-5363.

Email: [email protected]

Visit his website at http://www.ny-immigration-lawyer.net/

1 Comment

What is Form I-130 and How Do You Use It to Establish the Existence of a Relationship to Relatives Who Wish to Immigrate to the United States?

What is the difference between an immigrant visa and nonimmigrant visa?

Can a U.S Citizen Stepfather or Stepmother Sponsor a Stepchild for a Green Card?

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