If you have a spouse or immediate relative that you want to immigrate to the United States, you start with filing a I-130 petition.  Both U.S. Citizens and Lawful Permanent Residents may sponsor their family members for this type of residency.  This process will place you into a “Preference Category” determining the availability of visas and your expected wait time before you can file to receive a Green Card.  Each category is given a numerical quota of visas to limit the number of immigrants admitted to the U.S. determined by Congress.

Merely having an I-130 Petition approved does not mean that your relative’s visa has been approved.  Rather, once your petition is approved, you then become eligible to apply for permanent residence either via an Adjustment of Status or Consular Processing.  Because of this can be a complication process, it is strongly recommended that you retain an experienced immigration attorney before filing an I-130 Petition.

The attorneys at Ervin Kibria PLLC have extensive experience in filing successful petitions for family-based immigration.  During our initial consultation, we will gladly walk you through the process of filing the petition and then applying for permanent residence and help develop a clear strategy on how to achieve a successful result in your case.

Does an I-130 Petition Apply to Your Relative?

An I-130 petition is used to petition for visa eligibility for an immediate relative.  USCIS defines an “immediate relative” as:

• Spouses (including same-sex marriages)
• Parents
• Children under 21 years of age (and must also be unmarried)

These immediate relatives are able to immigrate to the United States without any waiting period and file the I-130 petition from the US.

Other close family members of a U.S. citizen can qualify to immigrate to the United States. However, unlike the immediate relatives of a U.S. citizen, they are subject to the limit put in place by Congress which restricts the immigrant visas available in this category each year.  A visa becomes available to a preference category according to the priority date (the date the I-130 was properly filed).  This process applies to the following types of relatives:

• Unmarried Children Over 21 Years of Age
• Married Children of US Citizens
• Brothers and Sisters of US Citizens

Ervin Kibria P.L.L.C is dedicated to protect, fight and secure the rights, opportunities and hope for the future that you and your family deserve.

Protecting and Securing Your Rights as an Immigrant

The attorneys and legal team at Ervin Kibria, P.L.L.C. are compassionate and dedicated to each and every client. Regardless of your current immigration need or situation, we will work aggressively to help you achieve the best outcome in your legal situation.

Immigrants that have been deported or have had various rights denied due to residency, citizenship or other immigration issues might find themselves in a difficult and frustrating battle with serious and potentially damaging personal, professional, and financial complications.  To ensure that such issues do not arise, for any and all immigrants currently living or desiring to live in the United States, it is imperative that an immigrant secures and solidifies their legal status and rights. If there is even a remote possibility that any complications may exist or arise that could potentially compromise a person’s legal status and rights, they must be dealt with quickly and carefully.

Our experienced counsel is here to help you understand your rights, the immigration challenges or processes you are currently facing, and the ideal course of legal action for you. If you, a family member or someone you know is faced with complications regarding legal status in Washington D.C., Virginia or Maryland, contact us today for a free consultation to understand how skilled representation can be a valuable tool in such situations.