Even though family-based immigration is one of the most popular immigration categories that people take advantage of, it can still feel very complex and overwhelming. There are different family preference categories and eligibility requirements for both the immigrant family member and the person petitioning on their behalf. Because of this, you need to understand the documentation you need to provide, the necessary forms, and whether or not you can file multiple I-130 petitions for a single family member. Here is everything you need to know about petitioning for a family member, the types of family-based visas, and the eligibility requirements.
Can You File Multiple I-130 Petitions?
A very common question many people have about U.S. citizen family petitions is if you can file multiple I-130 petitions for the same family member. This would mean that multiple family members who are U.S. citizens would file an I-130 for a single family member in the hopes of having their petition approved. Keep in mind that you should never file more than one petition yourself as this will not help the immigration process.
Filing multiple I-130 petitions is not usually recommended as it isn’t necessary for every family-based immigration situation. However, it is possible to file multiple petitions for the same immigrant if you believe that this will get the desired outcome or speed up the process. For instance, some family relations may be preferred, which can make the process go by faster. Some U.S. citizens may also be more suitable as petitioners, whether this is due to background or their financial circumstances.
So, whether you decide to file multiple I-130 petitions or not, it’s up to you, depending on your situation. For most immigration situations, filing a single I-130 petition is a common option since you will usually know if it has been accepted quite quickly. However, if there are multiple family members who are U.S. citizens and qualify as petitioners, it also doesn’t hurt to file multiple petitions.
Filing multiple I-130 petitions can help if circumstances change and the petitioner is no longer able to sponsor the immigrant family member. This can include situations where the petitioner has passed away, lost interest in helping the immigrant family member, or their financial situation has changed.
Understanding the Role of Petitioners
Before you file a family petition as a U.S. citizen who is sponsoring an immigrant family member; you first need to understand your role as the petitioner. For an immigrant to get an immigrant visa, they need to be sponsored by an immediate relative who is at least 21 years old and is either a U.S. citizen or a U.S. lawful permanent resident, otherwise known as a green card holder. There also needs to be plenty of evidence that proves that the family relationship is legitimate and not fraudulent for the purposes of immigration.
The petitioner will submit this evidence as well as file form I-130 on the behalf of their immigrant family member. The petitioner may also be responsible for financially supporting the immigrant when they come to the U.S. so that they do not become the responsibility of the government. However, this isn’t always strictly the case since other family members can also financially sponsor the immigrant.
Immigration Family Petition Eligibility Requirements
Family-based immigration can feel complex because there are different factors you need to consider when it comes to the type of family-based immigration visa and your legal standing in the U.S. as the petitioner. There are two types of family-based immigration visas:
- Immediate relative visa: These visas are for close family relationships with a U.S. citizen, including spouses, parents, or children. These family-based visas are not limited yearly and have a higher approval rate.
- Family preference visa: These visas are designed for more distant family relationships with U.S. citizens and are limited each year, making them a bit more challenging to get approved for. Family preference visas often require more extensive documentation to prove that the relationship is valid.
The eligibility requirements for the petitioners also dictate the types of family members you can petition for. For instance, a U.S. citizen can file a petition for a parent, brother, sister, child, or spouse, while a U.S. lawful permanent resident can only file a petition for their spouse or unmarried child.
If you want to file a petition on behalf of an immigrant family member, you need to seek the assistance of an immigration attorney. An immigration attorney will have experience in the laws you will need to follow and can ensure you file your petition correctly and include the necessary documentation. An attorney can also help you navigate any challenges that may come up, such as requests for additional evidence.
How Long Will a Family Petition Take?
As far as the immigration process goes, family-based immigration for immediate relatives is a relatively quick process. As of 2024, most I-130 petitions are approved in as little as 10 to 14 months. Keep in mind that approval times vary quite a lot depending on how many petitions there are, whether you are a U.S. citizen or US lawful permanent resident, where you are petitioning from, and if it is an immediate relative or family preference visa.
There isn’t a standard way of speeding up the approval process for family-based petitions unless you request that the USCIS expedite it. This is an option that should only be taken advantage of in rare situations involving emergencies, severe financial loss, or an urgent humanitarian reason.
Something to keep in mind is that having your petition approved is not the end of the immigration process. Once this is complete, your relative will still need to apply for adjustment of status or consular processing, which they will have to be approved for and meet the eligibility requirements to finish the immigration process.
Hire an Immigration Attorney Today
Do you want to petition for an immigrant family member so they can come to the U.S. and get their green card? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
