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Are You Working Hard to Get Your Family into America?
Going through the American immigration process is a lofty task. It can take years to navigate, and when all is said and done, your chances of success are not 100%. There are many pitfalls you may come across during the immigration process, and messing up on any one of them can result in a denial of your petition.
Working through any type of immigration petition costs hundreds of dollars. These fees do not include legal fees, travel fees, or the required minimum income for the sponsoring family. If your petition is denied or you time out of the process, you will be responsible for paying those fees once again. This can quickly add up, resulting in you being priced out of reattempting your family-based immigration petition because you can’t afford to keep appealing or starting over.
How can you avoid this from happening to you and your family?
What Is a Family-Based Immigration Petition?
The United States Citizens and Immigration Services (USCIS) is responsible for the processes of legal immigration into the United States. Immigrants and the families of immigrants will work primarily with USCIS in order to legally live in and work in the United States.
A family-based immigration petition is a process that allows a U.S. citizen or a lawful permanent resident, often referred to as a green card holder, to sponsor a foreign relative for a green card.
Suppose you are currently legally living in America, and you are trying to sponsor a foreign relative and help them legally become a permanent resident. In that case, you will be referred to as the “petitioner.” In order for you to become a petitioner, you must be living in America legally, either as a citizen or a permanent resident yourself.
The foreign relative you are trying to sponsor, who has hopes for becoming a permanent resident, is referred to as the “beneficiary.”
Beneficiaries can be anyone related to the petitioner, including spouses, children who are unmarried and under 21 years of age, parents if the petitioner is over 21, and siblings if the petitioner is over 21. A U.S. family who is hoping to adopt a child from a foreign country would also need to go through the family-based immigration petition process.
The average processing time for a family-based immigration petition can be as long as 25 months! This is why you should start the process as soon as possible.
What Strategies Can You Use to Improve Your Odds?
There are plenty of reasons to want your petition to succeed the first time you file it. You may be hoping to get your family member to the U.S. as soon as possible. Your time is limited, and you may not have time to attempt this process more than once. The same is true for your finances, and if your petition does not immediately succeed, you may be put into a position where you can not afford to try again.
What can you do to increase your odds of success? Try the following:
Prove Your Relationship
One of the most important factors USCIS will examine is your relationship to the beneficiary. Collecting and submitting evidence that proves your relationship to the beneficiary will help ensure the success of your petition.
Prove Your Financial Stability
It will be important for you, as the petitioner, to prove that you will be able to financially support not just yourself and your family but your beneficiary if your petition is approved. There are minimum earning levels you must surpass in order for your petition to be approved.
An Accurate Application
You are in for a world of paperwork when you start the petition process, and it all has to be accurate in order to get approval. Double and triple-check the applications before you submit them. Ensure all information is completed and accurate. Delays may occur if your application is incomplete or incorrect.
Legal Counsel
All of your efforts could be for nothing if your family member is not eligible for family-based immigration. Working with an experienced immigration attorney, like Aaron G. Christensen, Attorney at Law, PLLC, can help increase your odds of your family becoming a permanent resident with this type of petition. Legal counsel can help make sure you are both eligible, your application is accurate and complete, and that you are doing everything right.
What Should You Do if Your Petition is Denied?
There are a few options made available to you if your petition is denied. You can attempt to appeal the decision. You must file for an appeal within 30 days of receiving a denial. You can also request your petition be reopened or reconsidered, which often requires additional evidence you would like the courts to consider.
Unfortunately, simply starting over or refiling your petition may be your only option. Paying to start completely over and taking the time to do so are daunting. Why not hire someone who understands the process?
Do You Need an Immigration Attorney?
The family-based immigration petition process does not require you to hire an attorney. However, it is always a good idea to put yourself on a level playing field. Hiring a compassionate immigration lawyer who understands your needs can mean the difference between success and starting over.
Aaron G. Christensen, Attorney at Law, PLLC, has the experience to help get your family into America the legal way. Don’t risk failure; call 346-423-2375 to schedule your free consultation and take the first step in the right direction!
