How Does a Family-Based Petition Work?

In this brief video, we try to explain how the family-based petition process is conducted, who is eligible to file, and more. 

My name is Joseph Ittoop, and I’m an immigration attorney yard Gilles law. In today’s video I’ll be speaking a little bit about how family based petitions work.

So what is a family based petition? Well, a family based petition allows for US citizens or green card holders to petition for a qualifying family member to come to the United States, and it is considered to be the first step on getting a family member there Green card.

So who can you petition for? Well, the answer to this question depends on your status the USCIS website provides a full list of which qualifying family members may be petitioned for by US citizens or green workers.

So how do you start the process? Well, the process is started by filing and completing form I-130 with the USCIS. In the petition the petitioner will have to have evidence their relationship to the beneficiary of their position as well as providing proof of their status in this country.

So what happens after the petition was approved? Well the next step depends on where the beneficiary the petition is located. If the beneficiary of the petition is physically present in the United States they may be eligible for a process known as adjustment of status. What this means is that the beneficiary of the petition will be able to stay in the United States while their green card application is processed. Now if the beneficiary of the petition is located outside of the United States they’ll have to undergo a process known as consular processing. What that means is that they will have to stay in their country until an interview is made available for them at their local US Embassy. If that interview goes well they will be issued a Visa to travel to the United States where they will be issued their green card shortly after.

I hope you’ve enjoyed this brief explanation of how family based petitions work. Again my name is Joseph Ittoop and I am an immigration attorney here at Gilles law. Thank you for your time