As long as there is a legally recognized family relationship between the petitioner and foreign relative a relative petition is valid.
FAQs about the Relative Petition
How long does it take the USCIS to process a relative petition?
After the relative petition is filed, the USCIS will issue a receipt notice. After reviewing the relative petition, if all the conditions and specifications are met, the USCIS will issue an approval notice. Currently, a relative petition is approved within 20 to 41 months (on average) depending on the foreign relative’s family sponsored preference category.
What is the government filing fee for a relative petition?
A relative petition is termed a Petition for Alien Relative (form I-130). At present, the filing fee is $420. We have provided a complete list of fees applicable to the immigrant visa application process on our immigrant visa fees page.
Can an unemployed petitioner file a relative petition?
Yes. There is no USCIS requirement that the petitioner be employed in order to file a relative petition. However, in order for the U.S. embassy or consulate to issue an immigrant visa, evidence must be presented that the petitioner is able to financially support a foreign relative upon entry into the United States. If the… Read More
Can a permanent resident file a relative petition?
Yes. A permanent resident can file a relative petition on behalf of a spouse or unmarried son or daughter. A spouse or unmarried son or daughter of a permanent resident is not considered an immediate relative. As such, the wait time for an immigrant visa to become available and issued by a U.S. embassy or… Read More
What are the requirements to file a relative petition?
The petitioner must be a U.S. citizen or permanent resident. There is a legally recognized family relationship between the petitioner and foreign relative.
What is a relative petition?
A relative petition is the first step in the immigrant visa process (this is a link) and is filed by a U.S. citizen or permanent resident on behalf of their foreign relative with the United States Citizenship and Immigration Services (USCIS). If approved, the relative petition is forwarded to the National visa Center (NVC) to… Read More