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How is the family petition process in the USA? Step by step


Usa

Bringing your loved ones to the United States through the family petition process can be complex and overwhelming. However, with the right information and proper planning, you can facilitate this process. In this blog, we will guide you step by step through the family petition process.


Step 1: Filing the Petition

The first step in the family petition process is to file a request with USCIS. This generally involves filling out and submitting Form I-130, Petition for Alien Relative. This form is used by U.S. citizens and lawful permanent residents to request that their qualified relatives can immigrate to the United States.

  • Required Documentation: Be sure to include all necessary supporting documents, such as proof of the family relationship (birth certificates, marriage certificates, etc.), copies of your immigration status, and any other documents required by USCIS.

  • Filing Fee: Check the current filing fee on the USCIS website and be sure to include the appropriate payment with your application.


Step 2: Receipt of Notice

Once you have filed the application, you will receive a receipt notice from USCIS. This notice will confirm that your application has been received and provide you with a case number, which you can use to track the status of your application online.

  • Processing Time: Processing times can vary depending on the type of family relationship and the workload of USCIS. It is important to be patient and regularly check the status of your case on the USCIS website.


Step 3: Review and Approval Process

USCIS will review your application and supporting documents to determine if you qualify for the family petition. During this process, you may be asked for additional information or required to attend an interview.

  • Request for Evidence (RFE): If USCIS needs more information, you will receive a Request for Evidence (RFE). It is crucial to respond to this request promptly and provide all the additional information requested.

  • Interview: In some cases, USCIS may require an interview to verify the authenticity of the family relationship. Be prepared to answer questions about your relationship and provide any additional documents that may be necessary.


Step 4: Petition Approval

If your application is approved, USCIS will send your case to the National Visa Center (NVC), which will handle the next phase of the process. The NVC will send you a notice with detailed instructions on how to proceed, including submitting additional forms and paying processing fees.

  • Form DS-260: This is the immigrant visa application form and must be completed online.

  • Additional Documentation: The NVC may request additional documents, such as criminal records, medical exams, and proof of financial support.


Step 5: Consular Interview

After the NVC processes your case, an interview will be scheduled at the U.S. embassy or consulate in the beneficiary's country. During this interview, a consular officer will review your case and determine whether an immigrant visa should be issued.

  • Interview Preparation: It is important to prepare all necessary documents and be ready to answer questions about your relationship and your intentions in the United States.

  • Interview Outcome: If the interview is successful, the beneficiary will receive an immigrant visa that will allow them to travel to the United States. If there are any issues, the consular officer will inform you of the additional steps needed to resolve them.


Step 6: Entry to the United States and Adjustment of Status

Once the beneficiary arrives in the United States with the immigrant visa, they will need to follow the steps to adjust their status to lawful permanent resident (if applicable).

  • Required Documentation: Ensure that you have all necessary supporting documents, such as proof of legal entry and any other documents required by USCIS.


The family petition process can be long and complicated, but it is an important path to reunite families. By following these steps and staying informed, you can facilitate the process and increase your chances of success.


If you need assistance with your family petition case, do not hesitate to contact us at Y. Morejon Attorney, P.A. We are here to help you navigate this complex process and ensure you receive the support you need. The first consultation is free. At Y. Morejon Attorney, P.A., your problem is our problem.


Legal Disclaimer

Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.




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