Generally, the attorney represents a petitioner in I-130 process and both spouses in adjustment application. Most attorneys have it explained in representation agreement and ask both spouses to waive the potential conflict of interest.
Full Answer
Why do I need an immigration lawyer to fill out I-130?
May 22, 2018 · Form I-130, Petition for Alien Relative, is an important document for immigration and naturalization processes. You may wish to hire an immigration lawyer in your area if you or a loved one of yours needs help filling out and submitting a Form I-130. Your attorney can guide you through the process from beginning to end.
What is Form I-130 petition for Alien Relative?
The filing fee for the I-130 petition is (as of 2021) set at $535. If you are sponsoring more than one family member who qualifies as an "immediate relative," you will have to file a separate I-130 petition and filing fee for each one. An "immediate relative" is the spouse or unmarried child under the age of 21 of a U.S. citizen.
What is Form I-130 used for?
Feb 10, 2022 · I-130, Petition for Alien Relative. Use this form if you are a U.S. citizen or lawful permanent resident (LPR) and you need to establish your relationship to an eligible relative who wishes to come to or remain in the United States permanently and get a Permanent Resident Card (also called a Green Card).
Who is the sponsor of an I-130 petition?
The I-130 is a family-based petition. The I-130 is a petition that is filed by one family member for another. The “petitioner” is the person who is filing the petition on behalf of another family member. Only U.S. citizens and lawful permanent residents can file an I-130 petition on behalf of certain family members.
Do I need an attorney to file Form I 130?
When to Hire an Attorney to Help Complete Form I-130 A petitioner will usually not need an attorney for completing many of the Parts from Form I-130. Many questions can probably be answered by a USCIS immigration official over the phone or in person.
Who is an authorized representative for USCIS?
An attorney or a DOJ-accredited representative can represent you before USCIS. Your legal representative must file Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with the related application, petition or appeal.Nov 21, 2019
Who can be a preparer for Uscis forms?
To support the various needs, there are three types of people who can help:Immigration Forms Specialists.Accredited representatives.Licensed attorneys.
What is the meaning of immigration attorney?
Immigration lawyers interpret the law, help you analyze your own rights, possibilities, and strategies, and guide you (or if applicable, your sponsoring U.S. family member or employer) through every step of the complicated immigration process. U.S. immigration laws are extraordinarily tangled.
Who is considered an authorized representative for I-9?
Employers may designate an authorized representative to fill out Forms I-9 on behalf of their company, including personnel officers, foremen, agents or notary public.Dec 20, 2018
Can a family member be an authorized representative for I-9?
An authorized representative can be anyone – even a friend or family member of a new hire – who reviews a new hire's Form I-9 documents in-person and signs Section 2 of the Form I-9 on behalf of the employer. ... Consider reviewing these Forms I-9 at the time they are completed.Jun 2, 2021
How many pictures should I send to USCIS?
100 photos per year of being together. Photos for the dating period, engagement period, and marriage period. No more than 20 photos per event, such as a wedding, vacation, gathering, graduations, etc. Photos can be screenshots of video calls.Sep 10, 2020
Can my daughter be my interpreter?
Certain people are not eligible to serve as interpreters at all, namely minors under the age of 18 (though an exception for good cause, such as lack of local interpreters who speak that language, may be made if the person is at least 14), witnesses in the case under consideration, and the applicant/interviewee's ...
Can a family member be an interpreter USCIS?
An interpreter Your interpreter can be a member of your family or a friend, but you have to let USCIS know in advance who you are bringing. USCIS may accept your interpreter or provide you with a different one.
What is an attorney called?
A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters. Today's lawyer can be young or old, male or female.Sep 10, 2019
What do immigration consultants do?
Immigration consultants help people immigrate from one country to another for study, work, travel or business purpose. They provide legal services in the area of immigration law as permitted by legislation.Mar 28, 2017
What laws protect immigrants?
UN Refugee Convention (1951)Immigration and Nationality Act 1952 / 1965.Refugee Act (1980)Immigration Reform and Control Act (1986)American Homecoming Act (1989)Immigration Act 1990.Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) (1996)More items...
What is the difference between Form I-130 and Form I-485?
Form I-130 is the first step to helping a relative apply for a green card if you are a U.S. citizen or permanent resident and you want to prove tha...
How do I file Form I-130?
You can file Form I-130 either online or via mail. To file online, you need to create an online account with USCIS. You can also file Form I-130 by...
What are the fees for the I-130?
An I-130 petition currently costs $535, paid using a check or credit card, using Form G-1450.
Can I expedite processing for Form I-130?
Premium Processing isn’t available for I-130 petitions, but you can send a special request to USCIS if you want to expedite processing for Form I-1...
Who can file Form I-130?
If you are a U.S. citizen, you can file Form I-130 for each of your eligible relatives. This includes your spouse, your children, your siblings, an...
What documents will I need to file Form I-130?
When filing Form I-130, you will need to show evidence of your relationship to the relative you are petitioning for. Some of the documents you may...
My Form I-130 has been approved. What happens next?
Once the I-130 has been approved, your relative can apply for their green card. If they are an immediate relative, such as a parent, spouse, or unm...
Will I need to go to a biometrics appointment for Form I-130?
USCIS may request biometrics information from any applicant, sponsor, or petitioner. After your file your I-130, you will receive Form I-797C from...
What happens if my Form I-130 is denied?
There are many reasons why an application may be denied. If USCIS denies your I-130 petition, you will receive Form I-797 (“Notice of Action”) in t...
How can I check my I-130 case status?
You can track the processing of your case online using your 13-digit case receipt number, which can be found on any notification letter sent by USCIS.
How to get an I-130?
An attorney will typically perform the following services for a flat fee: 1 Preparing the I-130 form. 2 Assembling the documents that need to be submitted with the I-130 form. 3 Drafting affidavits (signed personal statements), if needed. 4 Drafting a legal memo for more complicated cases, where needed. 5 Preparing and submitting a response to a USCIS Request for Evidence (RFE), and, 6 If you wish further services once the I-130 is approved; or if you're allowed to file the I-130 concurrently with an adjustment of status application; preparing all paperwork for that step of the process and even accompanying the immigrant to the USCIS interview, or preparing the paperwork for consular processing.
What is an immediate relative?
An "immediate relative" is the spouse or unmarried child under the age of 21 of a U.S. citizen. If you are a permanent resident sponsoring more than one relative, ...
How much does it cost to consult with an attorney?
When you first meet with an attorney, you will almost always have to pay a consultation fee. A consultation fee can range anywhere from $75 to several hundred dollars depending on where the attorney is located and the size of the firm he or she works for.
What is a LPR in the US?
Use this form if you are a U.S. citizen or lawful permanent resident (LPR) and you need to establish your relationship to an eligible relative who wishes to come to or remain in the United States permanently and get a Permanent Resident Card (also called a Green Card).
When was the Inadmissibility on Public Charge Grounds vacated?
Alert: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final rule (84 Fed. Reg. 41,292 (Aug. 14, 2019), as amended by Inadmissibility on Public Charge Grounds; Correction, 84 Fed. Reg. 52,357 (Oct. 2, 2019)) (Public Charge Final Rule) nationwide. That decision was stayed by the U.S. Court of Appeals for the Seventh Circuit. On March 9, 2021, the Seventh Circuit lifted its stay, and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect.
Can I file an I-130 online?
You can file Form I-130 online even if your relative is in the United States and will file Form I-485 by mail. Once you submit your Form I-130 online, we will send a receipt notice to your USCIS online account. Provide a copy of the receipt notice to your relative to include in their Form I-485 packet.
What is a child's birth certificate?
Child: A copy of your child’s birth certificate (s). Parent: A copy of your birth certificate. Brother/Sister: A copy of the birth certificate for you and your sibling. Evidence of the bona fides of the marriage, if petitioning for a spouse: Documentation showing joint ownership of property;
When did the 7th Circuit lift the public charge rule?
On March 9, 2021, the Seventh Circuit lifted its stay, and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. We immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule.
What is the evidence of citizenship?
citizenship: A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States; A copy of your naturalization citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS);
What is a copy of a passport?
A copy of your unexpired U.S. passport; or. An original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport. Evidence of family relationship, such as a final adoption decree; Evidence you have had legal custody of the adopted child for two years; and.
What is an I-130?
In migratory terms, it is a request made to obtain the permanent residence or residence card of a foreign relative. The petition of the foreign relative through Form I-130 must be submitted by a citizen or permanent legal resident of the United States.
How many pages are in the I-130?
It is always convenient to have the advice of a good immigration lawyer to avoid errors while filling the form. The I-130 template consists of 12 pages that are divided into nine parts.
Where to send I-130?
Where to send form I-130. If the applicant lives in California, they must send it to the Citizenship and Immigration Service (USCIS) by regular mail or by courier with the following address: USCIS Safe Location (Lockbox) in Phoenix: For Postal Mail Service (USPS): USCIS.
Can I send an I-130 with an original?
In this part, the petitioner ensures that each of the documents he is sending along with the I-130 form are faithful copies of the original documents, which contain no type of alteration. The petitioner acknowledges that USCIS may, at any time, ask you to show the originals.
What part of the I-130 form do I need to fill out?
If you are using the services of a lawyer, a non-profit organization, or any other accredited person to complete the I-130 form, you must fill out Part 8 of the document and enter date and signature.
Where is the I-130 sent?
After knowing how to fill out form I-130 and that it is approved by USCIS (as well as Form I-140), it is sent to the National Visa Center (NVC) of the State Department where it is pre-processed. This process can take a year, so the NVC begins what USCIS called “the pre-processing of the immigrant visa”, which includes:
What is an I-130?
Form I-130 (officially called the “Petition for Alien Relative”) establishes that a valid family relationship exists between a U.S. citizen or green card holder and a person seeking a green card. This form is often simply referred to as the “I-130 petition.”. Filing the I-130 petition with U.S.
How long does it take to get an I-130?
For immediate relatives of a U.S. citizen, I-130 processing times currently average 15 to 20 months (as of June 7, 2021). For family preference visas (for example, siblings), processing times can range anywhere from 13.5 months to 20 or more years. The sooner you get started on your I-130 application, the better.
Where do I send my I-130?
Depending on which state you live in and whether or not your relative is filing Form I-485 as well, USCIS will require you to send to either the Dallas, Chicago or Phoenix Lockbox.
Who can file Form I-130?
If you are a U.S. citizen, you can file Form I-130 for each of your eligible relatives. This includes your spouse, your children, your siblings, and your parents. If you are a permanent resident, you can petition for your spouse and any children under the age of 21.
Can I file an I-130 for my spouse?
U.S. citizens can file I-130 petitions for their spouses, children, parents, and siblings. Current green card holders can file I-130 petitions for their spouses and unmarried children. The U.S. citizen or green card holder who files the I-130 petition is officially called the “petitioner” or “sponsor.”. The person seeking a green card is officially ...
What is a grandparent?
A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law. An adoptive parent or adopted child, if the child was adopted after he or she turned 16 years old. A biological parent, if you became a green card holder or obtained U.S. citizenship through adoption.
Can I apply for a green card if I have an I-130?
Once the I-130 has been approved, your relative can apply for their green card. If they are an immediate relative, such as a parent, spouse, or unmarried child under the age of 21, they may be able to apply straight away. Otherwise, they may have to wait.
Stuart Jonas Reich
I would argue the attorney represents both of you for the purpose of this filing (who paid doesn't necessarily control who an attorney legally represents).#N#This means the attorney can't do anything which favors one of you over the other/disadvantages either of you. An attorney who handled the original petition...
Natalia Polukhtin
Generally, the attorney represents a petitioner in I-130 process and both spouses in adjustment application. Most attorneys have it explained in representation agreement and ask both spouses to waive the potential conflict of interest.
Alexander M. Ivakhnenko
You have a correct way of perceiving this potential conflict of interests.#N#Initially, a licensed counsel represents BOTH Petitioner and Beneficiary in an adjustment of status case as all parties complete signed G-28 forms for that purpose.#N#However, if Petitioner decides to "drop a I-130 Petition and start a dissolution of marriage process (divorce in vernacular) that naturally creates a conflict of interests....
Alexander Joseph Segal
Depends on the contract you signed other the attorney. Dual representation is allowed for as long as the interests are aligned. Once not, it is up to that contract.
Part 1. Relationship
At the beginning of Form I-130, the phrase “For USCIS Use Only” appears, which is for administrative use of USCIS. You must leave it blank. Then comes the section: “To be completed by an attorney or accredited representative”. It means that this part can only be filled out by a lawyer if the petitioner (citizen or resident) request…
Part 2. Information About You
- Question 1The applicant or petitioner must place his Foreigner Number, if he has one. The Green Cards have the indicated resident number. Question 2If you have an online account number with USCIS place it. Question 3Write the Social Security Number. Question 4In the Your Full Name section, answer as follows: 1. 4.a.Surnames. 2. 4.b.First name. 3. 4.c.Middle name (if any).
Part 3. Biographic Information
- Here, additional information is requested from the petitioner. Question 1Ethnic group. Only one box should be checked. Question 2Race. Choose one or more as you consider. Question 3Measurement (height) of the petitioner, in feet and inches. Question 4Weight in pounds. Question 5In eye color choose only one option. Question 6Hair color. Mark only one or “bald” if a…
Part 4. Information About The Beneficiary
- The beneficiary is the person (foreign relative) that is being requested by the petitioner. Question 1Alien Registration Number if you have. Question 2Online account number with USCIS, if you have one. Question 3Social Security Number, if you have one. The beneficiary may not have any of these numbers if he has never been before to the United States.
Part 5. Other Information
- The questions in this section are related to the petitioner. Question 1You are asked if you have previously sponsored this same person or someone else. If the answer is negative, you should go directly to question 6.a. Question 2If the answer above is yes, answer this question. 2ndSurname (s) of the family member previously sponsored. 2.b.Name. 2 C.Middle name, if you have. Questi…
Part 6. Petitioner’S Statement, Contact Information, Declaration, and Signature
- Questions 1 and 2. Check one of the following three options: 1stIf the petitioner can read and has understood all the questions and answers, as well as the instructions contained in the Form. 1 B.If the Form has been answered by an interpreter already identified in Part 7 and who must also sign Form I-130. The language for which the document has been translated must be indicated: (SPA…
Section Part.7 Interpreter’S Contact Information, Certification, and Signature
- Questions 1 to 6. Answer if the petitioner used the services of an interpreter, specifying the second language they speak in addition to English. Question 7 7.a.Interpreter Signature. 7.b.Signature Date.
Why Is Getting Help from An Immigration Lawyer Important?
- It is very important to have the advice of a good immigration lawyer to guide you to know how to fill out the I-130 form. The lawyer can answer your questions about its correct filling. Particularly useful when the applicant has had problems with the law (deportations, criminal convictions, etc.) or they have already rejected a petition. The experienced and certified immigration lawyer guara…
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