How Do I File an Immigration Petition?

If you or someone you know is trying to enter the United States for work, family, or other purposes, they need to know about immigration petitions. These petitions can be beneficial in ensuring that a foreign individual is granted legal permission to enter or remain in the country for whatever reason they are operating under. If you need to file an immigrant petition for a worker, relative, or other person, continue reading and speak with an immigration attorney in NYC for more information.

What is an Immigration Petition?

An immigration petition is a document that can be filed with the United States Citizenship and Immigration Services (USCIS). It is filed by an American citizen or lawful permanent resident and establishes a relationship between the petitioner and a foreign individual who wishes to come to or remain in the United States. The petition acts as a request to the USCIS to allow an individual to immigrate to the U.S. for one of several reasons.

What Types of Immigration Petitions Exist?

Many types of immigration petitions exist depending on the individual attempting to enter the country and the relationship that they have with the petitioner. The following are some of the most commonly used immigration petitions.

• Form I-130, Petition for Alien Relative: This form can be filed by a U.S. citizen, lawful permanent resident, or U.S. national to establish a relationship with an eligible foreign relative who wants to come to the U.S. permanently and apply for a green card.
• Form I-129F, Petition for Alien Fiancé(e): This form can be filed by a U.S. citizen in an attempt to bring their fiance or spouse and their children into the United States.
• Form I-140, Petition for Alien Worker: This form can be filed by an employer in an attempt to allow a noncitizen worker to become a lawful permanent resident.
• Form I-129, Petition for Nonimmigrant Worker: This form can be filed by an employer in an attempt to allow a nonimmigrant worker to temporarily come to the U.S. and work or perform services.

The above petitions and more allow U.S. residents to sponsor a foreign individual and request their legal entry to the country for a variety of reasons.

How Do I File an Immigration Petition?

The way you file an immigrant petition depends on the type of petition that applies to your situation. In general, follow the instructions below.

1. Fill out the form: Find the relevant form on the USCIS website and fill out all necessary information. You will likely need to include a photocopy of your signature, evidence and supporting documents for your petition, biometric information, a departure and arrival record, etc. The specific requirements for each type of petition will be found on the associated web page.
2. Submit file: File online or by mail. Direct filing addresses for each form can be found online here. Include associated fees.
3. NVC Processing: The National Visa Center will review your petition and supporting documents and schedule an interview. The sponsor must complete an Affidavit of Support as well as financial documentation.
4. Interview: Attend the interview and answer all questions honestly. Await your approval.

If you have questions regarding the immigration petition and your responsibilities during the application process, reach out to a skilled attorney for more information.