Om Lawful Permanent Resident Parent Petitioning Child
Are you a Lawful Permanent Resident and want to petition your single child who is under 21 years old? In this case, you have your Green Card and it will be considered a Second Preference Petition and you can move on to the next step the moment it becomes current to either adjusting status or consulate processing. The first part must be done and must be done properly in order to ever proceed to the next part. Without a proper I-130 application there will never be a Green Card. If approved, then you could move onto the next step in the Immigration process. If not approved, it will take years of red tape. You might be able to 'lock' your child's age in as younger than 21 as well. Remember, it is your responsibility to submit everything correctly. This sample I-130 Petition has everything necessary to give you the best chance possible to get an approval. Just input your own information and use the application as a guide. It has been prepared by an expert Immigration Attorney.
One item that many people don't know and a trap they fall into is the following. With this type of petition, the son or daughter must be single (not married.) That is the preference available for this type of immigration petition. If the son or daughter gets married, then it will void this petition as though it never existed. You might wait years and years for the visa number to become current on the Consulate Processing Visa Chart and the very second you get married, the petition is void. There is an exception. If the petitioning parent will become a U.S. Citizen, then the petition can continue and it will be treated as a third preference petition.
This particular sample is an actual Petition for this particular preference where it is filed inside the U.S. with all of the various examples and supporting evidence. It assumes that the basic requirements are met such as the beneficiary being the single son or daughter of a Lawful Permanent Resident parent. This family petition is under what is known as the 2nd preference. Note that our library also has all the other types of preference petitions for your perusal. Note that our library includes not only this family petition and other family preference petitions, but nonimmigrant visa petitions such as the L-1A Intracompany Transferee Petition and other types of applications and petitions such as the Humanitarian Reinstatement application, multiple types of work-permits such as the H-1B Specialty Occupation Visa Petition, the O-1 Extraordinary Alien Petition, PERM examples, I-140 Applications and many more. If you enjoy this family 2nd preference petition and it makes your life easier, then come back and try the other immigration applications and petitions.
Remember with this petition you have to await the visa number to become current to be able to file either the adjustment of status or consulate processing. This could take years and it depends what country you are a citizen of and able to claim chargeability. Also note that the I-130 itself does not have anything to do with eligibility to adjust status or inadmissibility issues.
Either way, we certainly hope you find this petition useful and helpful and hope for the best immigration experience you can have. We do have petitions on every subject area of immigration, and you might look at those if needed as well. If you do need to actually have a consultation, you can call our U.S. Immigration Law office at 562-495-0554 for an initial free consultation to determine what must be done to help you and your family.
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