immigration petition
  • dimartinolaw
  • September 10, 2022

How to File an Immigrant Petition?

As a U.S. citizen or lawful permanent resident petitioner living in the United States, you may need to sponsor an immigrant petition for someone so they can move here. An employer, relative, or sometimes the person themselves will need to complete the immigrant petition on behalf of those who want to migrate to the USA. Besides, it is a wise choice to take the help of an expert Italian lawyer for U.S. immigration.

Your future spouse, for instance, must submit Form I-130, Petition for Alien Relative to the US Citizenship and Immigration Services (USCIS) before planning to travel to the USA. When filing an immigrant petition, it can be done either using the postal service or electronically through the internet.

What Is an Immigrant Petition?

If someone is planning to migrate to the United States, then it is necessary to submit an immigration petition under the guidance of an Italian lawyer for US immigration. This document allows you to request or appeal permission to reside in the country.

A petition must be filed for each immigrating individual, and usually, this is done by another person on their behalf. Filing an immigration petition might seem daunting, but learning more about the process can help ease your fears. Petitions are filed in a certain way, and it usually takes a certain amount of time for them to be processed.

Which Immigration Petition Should I Prefer?

According to an Italian Immigration Attorney, the United States has two primary immigration applications:

  1. Form I-130 for a family-based petition: U.S. citizens and permanent residents and immediate relatives of US nationals are required to file Form I-130, Petition for an Alien Relative.
  2. Form I-140 for an employment-based petition: If you want to come into the U.S. for work, your employer must file Form I-140, known as the Immigrant Petition for an Alien Worker.

Family-Based Immigration Petition

If you are a legal permanent resident or citizen of the United States, you can submit Form I-130 on your behalf to apply for a green card along with the number of application fees.

Relatives that may be eligible for support from an immigration petition include:

  1. Parents of U.S. citizens
  2. Siblings of U.S. citizens
  3. Spouses of U.S. citizens and permanent residents of the United States
  4. Children of U.S. citizens and permanent residents of the United States

Employment-Based Immigration Petition

There are several methods for individuals to migrate to the United States through their place of business. Employers in the United States may apply for immigration on Form I-140 for their workers. The fee is to be submitted along with an application at USCIS. The following people can use Form I-140:

  1. A researcher or lecturer with at least three years of study or instruction in a specific academic field
  2. A professional having a bachelor’s degree
  3. An unskilled laborer must do a task in which no Americans are available.
  4. A skilled worker who has a minimum of two years of experience or specialized training in a field where no U.S. workers are available.
  5. An alien who has worked for a minimum of one out of three years preceding the application date and is seeking to enter the U.S. to continue with the company as a manager or executive
  6. A professional with a master’s degree or someone with special talents in business, the arts, or science who will benefit the United States economy, culture, and welfare

A popular way to become a permanent U.S. resident is to enter the country on an H-1B program visa and then adjust the status of residency accordingly.

Form I-140, Without a Work Employer

If you meet the following requirements, you may be able to file this immigration petition on your own behalf:

  1. Show evidence of great talent and success in your field through international or national awards, and have others recognize your achievements.
  2. With an advanced degree or plenty of experience in business, arts, or sciences, you may be eligible for a National Interest Waiver (NIW) exemption that allows you to bypass the usual employment process.

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File Your Immigrant Petition With Di Martino Law Group

You get far more than simply helpful legal assistance and support if you contact Di Martino Law Group to file your immigrant petition through. Di Martino Law Group has a team of bilingual and experienced Italian lawyers for US immigration with over 4 decades of experience, who can help you with the entire procedure of filing your petition.  Contact Di Martino Law Group today to file your immigration petitions.


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