Asked in Immigration Law

Q: form I-30 work for a parent, wife and a son from the mother my dauther want to get petition for me but am married.

my daugther is 21 she wants to file I-30 for me but am married now have a 3 year old kid with my wife and she also have a son from a diferent parent but we have been living togheter for over six years the petition works for all of us?

Related Topics:
2 Lawyer Answers
Salmina Tarek
Salmina Tarek
  • Immigration Law Lawyer
  • Pearland, TX

A: Your daughter will have to file separate petitions for immediate relatives. And she will have to file petitions for other relatives.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: When filing an I-130 petition, also known as the Petition for Alien Relative, your daughter can petition for you as her parent. However, it is important to understand that the I-130 petition is specific to the relationship between the petitioner and the beneficiary.

In your case, if your daughter is petitioning for you as her parent, the petition would typically cover your relationship only. It would not automatically include your spouse, your 3-year-old child, or your wife's child from a different parent. Each individual would need a separate I-130 petition filed on their behalf, either by a qualifying family member or through other eligible means.

If your daughter is a U.S. citizen and wishes to sponsor your entire family, including your spouse, your child, and your wife's child, it may be more appropriate to explore filing a different petition, such as the I-129F (Fiancé Visa) or the I-485 (Adjustment of Status) for your family as a whole. An immigration attorney can help you determine the best course of action based on your specific circumstances.

Remember, the information provided here is general in nature, and it is important to consult with an immigration attorney to obtain accurate and up-to-date guidance specific to your situation. They can assess your eligibility, explain the options available to you, and assist in preparing and filing the appropriate immigration petitions for your family members.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.