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ANSWERS TO QUESTIONS ABOUT I-130 PETITIONS FOR ALIEN RELATIVE

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Q: I am a US Citizen and I wish to file I-130 Petition for Alien Relative for my wife and my two unmarried step-daughters – 12 years old and 20 years old. I just got married to my wife last month. If I am not able to file for the 20 year old daughter, please explain how she will be able to immigrate to the US with her mother. How many petitions are actually needed?
A: You certainly can file a petition for your wife and your 12 year old step-child. However for the 20 year old, you will not be able to do so because the child was not under 18 years of age at the time the step-relationship was created. In this situation, your wife will first have to acquire permanent residence through the petition you will be filing for her and then file her I-130 Petition for her 20 year old daughter. In your case, you will only need two separate petitions – one for your wife and the other for your 12 year old step-daughter.
Q: I am a US Citizen and I have two siblings. One is married with three minor children and my other sibling is unmarried. Can I file petitions for both of them? How many petitions do I need to file?
A: You can file I-130 Petitions for both siblings. For the married sibling, include his spouse and three minor children all in one petition. The other sibling will require a separate petition.
Q: I am a Lawful Permanent Resident. I wish to petition for my mother and father. Can I do so?
A: No you cannot. There is no preference classification for a Lawful Permanent Resident to petition for a parent. If you wish to do so, you must become a US Citizen first.
Q: What is the current Filing Fee for I-130 Petition for Alien Relative?
A: The Filing Fee is $535.00.
Q: My wife I-130 Petition for Alien Relative was sent back from the US Consulate for revocation. What will happen now?
A: You wife will receive a Notice of Intent to Revoke (NOIR) detailing allegations as to why the petition should be revoked. The NOIR will give 30 days to provide evidence or information as to why the I-130 Petition should stay approved. If your response is accepted, the case will be returned back to the US Consulate and a second visa interview will be scheduled.
Q: My I-130 Petition for Alien Relative for my sibling was approved several years ago. However, it was never sent to the National Visa Center (NVC) for processing. Another petition which was filed at the time for my other sibling is now processing at the NVC. What can I do about that other petition?
A: You will need to contact USCIS to ascertain the whereabouts of that petition. You may have to file Form I-824 Application for Action on an Approved Application or Petition to request for USCIS to take formal action on the petition – to send the approved I-130 Petition to the NVC for further processing. The Filing Fee for Form I-824 is $465.00.
Q: My I-130 Petition for Alien Relative filed for my wife was denied before because of allegations of marriage fraud. I did not appeal the denial because of financial problems. The denial is wrong and my wife and I are still married. I travel to see her in her home country every few months and she is expecting my child. Can I refile another I-130 Petition for her?
A: If you believe the first I-130 Petition which you filed for your wife was erroneously denied, you should refile but be prepared to provide evidence to contradict the reasons provided for the previous denial. You are advised to seek professional representation in this matter.
Q: My mother who is a Permanent Resident filed her petition for me when I was under 21 years of age and unmarried. I am now married and the petition is still pending. What happens now?
A: The petition filed by a Permanent Resident for their unmarried child is automatically void upon marriage of the child. Please have her inform USCIS of this change of your marital status.

Disclaimer: Any advice provided in this article is general in nature and not intended to constitute legal advice for any specific case. Please consult with an immigration lawyer about the specific circumstances of your case.
My Bio
Sharlene Sharmila Richards is a licensed Immigration lawyer practicing in Houston, Texas. She is a member of the American Immigration Lawyers Association. She was admitted to the New York State Bar in 2000 and is a member of the 5th Circuit Court of Appeals and a member of the US Supreme Court. You may contact her at telephone number 713-623-8088 or by email at srichardslaw@aol.com to schedule a free consultation to discuss your case.


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