Before an individual can apply for an immigrant visa or adjustment of status based upon family ties, the United States Citizenship and Immigration Services (USCIS) must first approve the alien relative petition, or Form I-130, confirming that the necessary family relationship exists. The alien relative petition is the first step in helping your eligible relative immigrate to the United States. If you need help with the Petition for Alien Relative, choose a trusted law firm in Los Angeles.
The immigration team at Arnaout Immigration Law Firm has years of experience and is backed by a thorough understanding of immigration law. They have helped many clients attain their immigration goals! To ensure that your form is completed correctly and there are no delays in your process, reach out to us today!
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Not all family relationships serve as a basis to apply for Lawful Permanent Residence status (LPR). The Form I-130 can be used for immediate relatives of U.S. citizens and preference immigrants.
After filing the Petition for Alien Relative, Form I-130, it may take several months before it is approved. For immediate relatives, it can take any where from 5 - 9 months or a year. For those in Family Preference Categories, it could take several years for approval.
Preference immigrant categories are assigned a limited number of visas each year. The number of visas available in each category is allocated on a per-country basis. The result of this allocation system is that for some categories in which the demand for immigrant visas outstrips the supply, a waiting line is formed. You may visit the USCIS site for processing times to see estimations of processing times.
Upon approval of the I-130 petition, the alien relative who is physically outside U.S. can apply for an immigrant visa through a U.S. consulate abroad, a process known as “consular processing” (CP). Upon approval of the visa, the person may travel to the United States and be inspected to ensure compliance. Once inspected and admitted into the USA, the person is considered to be a permanent resident.
In the case where the alien relative is physically present in the United States, adjustment of status (AOS), also known as I-485, is an alternative to consular processing. The “adjustment of status” route allows a person to obtain permanent residency without having to proceed overseas to apply for an immigrant visa.
Generally, the I-130 Petition for alien relative must be approved prior to submitting an I-485 or going through consular processing. However, in the case where the beneficiary is an immediate relative of U.S. citizen petitioner, the I-485 application and the I-130 petition can usually be filled simultaneously.
Talk to a Los Angeles immigration lawyer today. Call (818) 276-9900 to set up an appointment! Se habla Español. Services available in Arabic, Cebuano, and Tagalog.