Petition for Alien Relative to come to the US from Canada

As a petitioner (U.S. sponsor), you can petition for the following:

• Siblings
• Parents
• Unmarried son or daughter who is 21 years old or older
• Spouse
• Married son or daughter
• Unmarried son or daughter who is under 21 years old

The following people can petition for an alien relative:

• A U.S. citizen can file a petition for an alien relative (I-130 petition) for their spouses, parents, siblings, and children.
• A U.S. green card holder can file a petition for an alien relative (I-130) for their unmarried children and spouses.

There are cases where a U.S. sponsor cannot sponsor their relative due to some issues. However, you cannot file a petition for an alien relative in the following cases:

• Far extended family like 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.
• You cannot file for your biological parent if you become a green card holder or obtain U.S. citizenship through adoption.
• A stepparent or stepchild, if the marriage that created the step relationship happened after the child turned 18.
• A spouse, if you and your spouse were not both physically present at the marriage ceremony.
• A spouse, if you become a green card holder through a prior marriage to a U.S. citizen or green card holder. You can only file for a petition if you have become a naturalized U.S. citizen or have been a green card holder for at least five years.
• A spouse, if you married your spouse while she was facing a hearing in an immigration court, facing deportation, or other reasons.

However, your petition will be denied if USCIS discovers that the relative or spouse attempted to marry for immigration or green card purposes.

There are certain documents you need to submit when applying for a petition for an alien relative to prove your relationship with the alien relative. The essence of these documents is to establish a relationship between the sponsor and the alien relative.

However, the documents needed are:

• Proof of the sponsor’s status as a U.S. citizen or Green Cardholder. To prove this, you must be able to provide your birth certificate, permanent resident card, naturalization certificate, etc.
• Two passport-sized photographs.
• Proof of the legally valid relationship between you and your alien relative. Documents like marriage certificates, birth certificates, etc.
• Proof of the nationality of the beneficiary or alien relative like passport, naturalization certificate, etc.
• Proof of any name changes of sponsor or beneficiary.

There are cases where original documents might not be able to be located due to reasons beyond control. Hence, secondary documents might be accepted to back up the petition. For instance, you can get a statement from the issuing government agency in your country of birth stating that your birth certificate is not available from that agency. You can also get other records like school records or baptismal certificates that can be used in place of a birth certificate. You can also get a written statement from any of your relatives to certify the information regarding your birth.

The processing time for a petition differs depending on the USCIS service centre. However, the normal processing time for an I-130 petition is between 7 and 15 months, but there are cases where it might take longer. The processing time depends on the family relationship between you and the beneficiary and the sponsor’s status, whether he/she is a U.S. citizen or a permanent resident.

Delay in processing time can also be a result of not filing the petition according to the required standard. To avoid issues regarding a delay in processing times, you must fill out all the information according to the standard and submit all the requested documents.

You must be prepared to pay the $535 government filing fee if you want to file the petition for an alien relative. You have the option of paying by check or credit card. Given that USCIS frequently increases costs, this amount is liable to vary.

For this reason, before submitting Form I-130, you should visit the USCIS online page. You won’t be able to continue with the application if the filing fee is not paid. However, you can get in touch with one of our immigration attorneys, who will assist you in finding the most recent information and detailing the costs involved.

The applicant may begin the process for a Family-Based Visa after the Petition has been granted. Two types of family-based green cards are available, depending on the relationship between the applicant and the relative who is continuously residing in the US:

• Family Preference: There is an annual cap on the number of beneficiaries. The applicant must hold off on applying for a visa until one becomes available after the Petition for Alien Relative is granted.
• Immediate Relative: Designed for the petitioner’s closest family members. That includes the petitioner’s parents, unmarried biological or adopted children, and spouses.

Since there is no limit on the number of visas in this category, applicants can start their process for a US Green Card as soon as the Petition is granted.