I130 Family-Based Petitions
Many individuals have spouses, minor children, or parents from another country who cannot legally join them in the United States. This separation can cause strife and take a huge toll on the family. Other people have family members who are undocumented immigrants that reside in the United States. U.S. Citizens may constantly worry that their immigrant family members will be arrested, detained, and/or deported, especially given the current political climate. Undocumented immigrants may be barred from obtaining a work permit or driver’s license, making it difficult for them to find and keep a job.
Fortunately, it is often possible to bring over spouses, minor children, and parents of U.S. Citizens from other countries or receive legal status for family members who already reside in the United States. Commonly, an immigrant family member has entered the United States legally, but overstayed their visa. In these kinds of scenarios, U.S. citizens can petition for their spouse, their minor children, and their unmarried adult children to receive legal status by filling out an I130 form. In addition, we can sometimes help immigrants who have entered the country illegally by waiving their inadmissibility.
There are several advantages to family-based petitions. First, when U.S. citizens file for their children, parents, or spouses without a criminal history, there are typically no long delays other than processing times in completing the process. Second, immediate relatives of U.S. citizens who entered the United States legally but overstayed their visa can often receive legal status without having to leave the United States. Third, in some circumstances, U.S. citizens may be able to file for their adult children, brothers, and sisters, but there may be delays due to a waiting list called Visa Bulletin.
At Golden & Jernigan, we respect the wishes and desires of your family and take into account your specific situation. We think creatively about loopholes or solutions that allow your family members to remain in the U.S. while the legal process plays out. This creative approach can speed up the process and has helped us receive legal status for many immigrants. Our mission is to keep your family intact in the United States, and we will explore all avenues to make that happen!