You may want to sponsor a close family member so that they may join you in the United States with a legal immigration status. Well, this starts with filling out and filing Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS) on their behalf. Here, you are essentially establishing that you have a real familial relationship with the individual, which makes them eligible to move to or stay in the U.S. permanently. Plus, you are willing and able to support them financially during their stay. So, without further ado, please follow along to find out who can be the beneficiary of Form I-130 and how a proficient Baltimore County, Maryland green cards lawyer at Sheri Hoidra Law Office, LLC, can help your relative get the status they desire in this country.
Who can legally be the beneficiary of Form I-130?
Your relatives deemed eligible to pursue permanent resident status through your Form I-130 filing may first depend on your status in the United States. That is, if you are a U.S. citizen who is 21 years old or older, you may petition on behalf of your spouse, your unmarried children at any age, your married children 21 years old or older, your parents, and your siblings. On the other hand, if you are a permanent resident, you may only sponsor your spouse or unmarried children at any age.
Within this context, your unmarried children must have never been married or otherwise have a marriage that is legally terminated. Nonetheless, with this application, you mainly must prove your legal status in the country, your legally valid relationship with the beneficiary, and the beneficiary’s proof of nationality. When it comes to your spouse, you may require additional evidence to establish that your marriage is in no way fraudulent.
How does this application work for adopted children?
Of course, you may consider your adopted children the same as your biological children. However, for the sake of your Form I-130, you may need to make an extra effort to establish your parent-child relationship. Specifically, you may require the following pieces of supplemental evidence:
- A copy of the adoption decree, which establishes that the adoption took place before your child turned 16 years old.
- Or, before your child turned 18 years old, if the sibling exception applies (i.e., you also adopted their younger birth sibling).
- Any form of proof that you have had legal custody of your adopted child for two years or longer.
- A court order that granted you custody rights or a release signed by the previous legal custodian.
- Any form of proof that you have had a joint residence with your adopted child for two years or longer.
- Your adopted child’s school records, your previous income tax return filings, and more.
In the end, if you are ready to fight for your loved one’s access to this country, please retain the services of a talented Baltimore County, Maryland family immigration lawyer. Our team at Sheri Hoidra Law Office, LLC awaits your phone call.