Petition for a foreign relative
USA - Mexico

Are you looking for how to obtain a petition for a foreign relative? Then this article is for you. We will show you everything you need to know about the petition, including who can request it and how you can request it.

What is the petition for a foreign relative?

The petition for a foreign relative is a request made to the embassy to request a visa for another foreign relative. This works very well if you are married to someone from abroad, you could also receive a petition if you are a foreigner and married with Mexican children.

Who can request the petition?

Any US citizen or resident who is married to a Mexican individual or has Mexican children can apply for the petition. It could also be requested by parental relatives, such as parents, siblings or children who are living in Mexico.

What is the process for the petition?

To apply for a foreign relative, the following must be done:

If you are a U.S. citizen:

  1. File Form I-130: Petition for Alien Relative.
  2. Give an affidavit of financial sponsorship, this is done through Form I-864.
  3. File Form I-485: Application for Permanent Residence or Adjustment of Status.

If you are a permanent resident:

  1. File Form I-130: Petition for Alien Relative.
  2. Verify that you are a permanent resident.
  3. Show evidence of the relationship between you and the family member requesting (birth, marriage certificates, etc.)

In both cases, it is important that when completing Form I-130, you correctly answer all the questions, since on the contrary, you will be rejected.

How much does the petition for a foreign relative cost?

The cost depends on whether it is just a Form I-485 or both; but there are also several exchanges that help with payments.

Foreign relative petition: $ 420 USD per Mexican child or spouse, including some bags to help with payments.

Alien Relative Petition (only Form I-485): $ 710 USD for relatives without dependent children, and if you have minors then the cost increases since you will also need to apply for a temporary permit in the United States while your petition is being resolved.

When can the petition be requested?

For spouses, minor children or parents: 12 months after the start of their permanent legal residence under protection (Form I-485).

For brothers: 18 months after the start of their legal permanent residence under protection (Form I-485); however, if you have a US sibling, a petition may be requested within 12 months after the start of your legal permanent residence under protection (Form I-485).

You can go directly to the USCIS and request an appointment indicating the date and time or you can also do it by email if you already have all the necessary information: full names, citizenship, social security number or passport, address (in the case email, it is important to include full address to know your location), telephone and / or alternate numbers for the interview.

Can the request be denied?

Yes, it can be denied when USCIS proves fraud, since the information submitted on Form I-130 is false.

It also applies if the requested family member has a criminal record and is illegal in the United States or has entered the immigration process “in an irregular manner.” In this case, additional evidence may be required to verify the Petition.

What happens after the petition is filed?

Upon receipt of your form and submitting the request, the following will be sent to you:

  1. Notification of receipt.
  2. Notification of biometric services, indicating the date of your appointment.
  3. Notification to attend an interview, indicating the date and time.
  4. Written notice or decision.

If the petition is approved, you will get a copy of the approval notice for your Form I-130, a very important document to keep in your personal file. This means that they are in the approval process and ready to receive the request when it arrives.

At La Doctora Legal, we have expert lawyers who can help you process your request. We have an excellent, highly qualified legal team, prepared to do an impeccable job. Contact us at (909)319-7103 / 1 (800) 559-7170, visit us at our offices at 228 West C Street Ontario CA 91762 or by clicking here.

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