Navigating U.S. immigration can be challenging, especially when trying to get a green card but for those with several family members in the United States, having more than one person file an I-130 petition on your behalf can be a smart strategy and this approach acts as a safety net and boosts your chances of success if circumstances change over time. In this article, we will look at the advantages and considerations of this.
The Importance of Multiple Petitioners
Why Have More Than One?
The immigration process can be lengthy and unpredictable. Life events such as the death of the petitioner or a loss of interest in sponsoring the immigrant can disrupt the journey to a green card. To safeguard against such uncertainties, having multiple petitioners is a wise move.
Understanding the Petitioner’s Role
In U.S. immigration terms, the person who initiates the immigration process on behalf of the intending immigrant is known as the petitioner. This individual must file a visa petition using Form I-130, issued by USCIS. While often referred to as a “sponsor,” it’s important to note that a sponsor also implies financial responsibility, which can extend beyond the petitioner.
The Speed Factor: Who Gets the Green Card Fastest?
Different family relationships can lead to a U.S. green card at varying speeds. Immediate relatives, such as spouses, parents, or unmarried children of U.S. citizens, fall into a category with no annual limits. Their green card applications move as swiftly as the government’s processing allows. In contrast, family relationships categorized under “preference” face annual limits on immigrant visas. This can result in extended waiting periods, with sibling petitions experiencing some of the longest delays.
Navigating the Visa Bulletin
To determine which family relationship will expedite the green card process, consult the Visa Bulletin published monthly by the U.S. State Department. This resource lists preference categories and their corresponding “priority dates,” which represent the submission dates of Form I-130 for eligible individuals. The priority date’s position directly correlates with the expected wait time. For example, a married person with U.S. citizen parents and siblings might find that their green card will be processed faster through the parents, as category F3 typically moves ahead of category F4.
Identifying Opportunities: No Wait Categories
In some fortunate cases, the Visa Bulletin may feature a “C,” indicating no wait. This has often been true for category 2A in recent years, allowing spouses and children of permanent residents to progress swiftly.
When to Consider Multiple Petitioners
Immediate Relatives: A Clear Choice
When one of the potential petitioners falls into the immediate relative category, it’s usually best to file a single application and await the outcome. This category has the advantage of expeditious processing.
All Other Situations: A Prudent Strategy
In scenarios where there’s no immediate relative petitioner, it’s wise to consider multiple petitioners. Life is unpredictable, and unforeseen events can disrupt the process. If the petitioner passes away before the green card is granted, remedies like “humanitarian reinstatement” or special laws may apply, but success isn’t guaranteed.
The Bottom Line
Having more than one U.S. family member serve as a petitioner can be a strategic move in the immigration process. While immediate relatives usually provide the fastest path, unforeseen circumstances can arise. Multiple petitioners offer a safety net, ensuring that the immigration journey continues, even in the face of adversity. By filing multiple I-130 petitions, you maximize your chances of success without significant additional costs. However, it’s crucial to consult with an experienced immigration attorney for guidance on your specific situation.
Getting Legal Assistance
If you have questions about which family members can and should petition for your immigration, or if you need help preparing the necessary paperwork and monitoring your application, it’s highly recommended to consult an experienced immigration attorney. Their expertise can prove invaluable in navigating the complexities of U.S. immigration law and ensuring the best possible outcome for your case.
In summary, the immigration process is a journey with many variables, and having multiple petitioners can be a strategic advantage. While immediate relatives enjoy expedited processing, it’s essential to prepare for the unexpected. With careful planning and the support of legal experts, you can enhance your chances of successfully obtaining a U.S. green card.
