What is an Immigrant Petition and How Do I File One?

USCIS form I-140 Immigrant petition for alien workers lies on flat lay office table and ready to fill. U.S. Citizenship and Immigration services paperwork concept. Top view

If you are looking to immigrate to the United States, you can expect a document-heavy process. The immigration process entails a complex series of forms, interviews, and deadlines. Thus, it’s imperative to determine the most appropriate immigrant petition to file for your specific circumstances to facilitate a seamless process. Please continue reading to learn how a seasoned New Jersey Immigration Lawyer can help you guide you through each step of this complex process. 

What Immigrant Petition Do I Need to File?

If you want to enter the United States, it’s important to understand that you’ll need to file an immigrant petition. This is a form that a noncitizen must submit to request permission to immigrate to the United States. Generally, it’s used to apply for an immigrant visa for a family member or employee. For instance, the most common petition is Form I-130, “Petition for Alien Relative.” If you want to enter the United States based on your relationship with a U.S. citizen relative, your family member must file this form on your behalf. When filing this form, you must provide evidence of your familial relationship. Additionally, your sponsoring relative must be willing to take responsibility for you if you cannot financially support yourself after entering the U.S. by filing Form I-864, “Affidavit of Support.”

Another common form is Form I-140, “Immigrant Petition for Alien Worker,” which is used by employers to petition for employment-based immigrants of foreign workers. This petition establishes that an employer has a job position for a noncitizen and that there are no qualified U.S. workers available to fill the opening. If you plan on coming to the U.S. for temporary employment purposes, your employer would need to file Form I-129, ” Petition for Nonimmigrant Worker” on your behalf.

As mentioned above, immigrant petitions can be based on family or employment relationships. Therefore, another form you can file is Form I-129F, “Petition for Alien Fiancè(e).” This is reserved for those planning to marry their U.S. citizen spouse. Essentially, it allows a foreign fiancè to travel to the U.S. to get married.

Should I Consult a Lawyer?

As you navigate this notoriously complex process, it’s in your best interest to enlist the help of a knowledgeable lawyer who can help you understand which immigrant petition is right for you. They can assist you in gathering the documents and evidence you need to submit as well as ensure your application is prepared on time. Unfortunately, immigration law is complicated, and various issues could lead to your application being denied. Having a lawyer by your side can help you avoid these pitfalls and increase your chances of achieving your immigration goals.

At the Law Offices of Aditya Surti, LLC, we are prepared to help you explore your immigration options and choose the best course of action. Connect with our firm today to learn more about what we can do for you.

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