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who is the petitioner in a visa application

by Prof. Dannie Labadie PhD Published 3 years ago Updated 2 years ago
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Key Takeaways: Immigration Petitioner

  • A petitioner is someone who submits a request on behalf of a foreign national who wishes to immigrate to the United States. ...
  • Petitions for foreign relatives are made using Form I-130, and petitions for foreign workers are made using Form I-140.
  • Because of green card quotas, petition processing can take anywhere from several months to several years.

The Petitioner is a person making a request of the government. In the context of immigration, this is a person (the “petitioner”) who files an immigration form to request benefits on behalf of another person (the “beneficiary”).

Full Answer

Who is a petitioner for immigration?

Who Is a Petitioner? In U.S. immigration law, a petitioner is a U.S. citizen who submits a request on behalf of a foreign national to the U.S. Citizenship and Immigration Services (USCIS). After the request has been submitted by the petitioner, the USCIS needs to approve.

What does it mean to be a petitioner?

A petitioner is someone who submits a request to the USCIS on your behalf. This is a way of making sure when you apply for a visa, you have a good reason to be in the U.S. A petitioner must be an immediate relative or a prospective employer and must also be a U.S. citizen or legal permanent resident.

Do you need a petition to work in the US?

If you are wanting to come to the U.S. for work or based on a familial relationship, you need a petitioner to start the visa application process. A petitioner must be an immediate relative or a prospective employer. The USCIS also requires that the petitioner is a U.S. citizen or legal permanent resident.

Who is the petitioner and beneficiary for a green card?

If you are confused about who is petitioner, applicant, and beneficiary, take a look below. Generally, the U.S. citizen spouse is the petitioner and the alien spouse who is applying for a green card is the beneficiary: Who is the Principal Applicant?

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What does my petitioner mean?

The petitioner is the party who presents a petition to the court. On appeal, the petitioner is usually the party who lost in the lower court. This can be either the plaintiff or defendant from the court below, as either of the parties can present the case to a higher court for further proceedings.

Who is the sponsor and who is the petitioner?

The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.

Who is the applicant or petitioner?

applicant. The applicant is the person who wants the USCIS to grant them an immigration benefit in the United States. However, the petitioner could be the beneficiary of the green card or visa, the employer, or the U.S. citizen or lawful permanent resident (green card holder) relative. 4.

Who is a visa petitioner?

Petitioner: A U.S. citizen or lawful permanent resident family member or employer (or the employer's agent) who files a family-based or employment-based immigrant visa petition with USCIS.

Does the petitioner has to be the sponsor?

No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor.

What does it mean to sponsor someone for a visa?

In simple terms, visa sponsorship is when a family member or organization advocates for an individual's visa. As the applicant for a visa, it means you have an advocate that supports your entry to the United States for the purposes stated in the visa.

Can I change my petitioner?

It is not possible to “change” a petitioner from your brother to your daughter. Your daughter will have to file her own petition.

What is another word for petitioner?

In this page you can discover 25 synonyms, antonyms, idiomatic expressions, and related words for petitioner, like: solicitor, applicant, claimant, appealer, appellant, aspirant, hopeful, seeker, candidate, ask and law.

Can my mom petition me?

Which relatives may I petition for? A U.S. citizen who is at least 21 years or older may also petition for the following relatives: Parents; • Brothers or sisters. When you submit your petition, you are required to provide evidence to prove your relationship to the person for whom you are filing.

Who is the petitioner in I 130?

The U.S. citizen or green card holder who files the I-130 petition is officially called the “petitioner” or “sponsor.” The person seeking a green card is officially known as the “beneficiary.”

What is the difference between us petitioner and employer?

Without a Petitioner/Sponsor, individuals cannot apply for the Visa. What is an Employer-Petitioner? An employer-petitioner is a single employer that petitions for (represents) the Beneficiary. The Beneficiary is obligated to work for only that employer during the O-1 validity period.

Who is the petitioner in I 751?

The conditional green card holderThe conditional green card holder is the “petitioner,” and should complete Part 7 and sign and date the form. Their sponsoring spouse, parent, or guardian (if applicable) should then complete and sign in Part 8.

What is a petitioner visa?

immigration law, a petitioner is someone who submits a request on behalf of a foreign national to U.S. Citizenship and Immigration Services (USCIS), which, upon approval, allows the foreign national to submit an official visa application.

What is the form for a foreign national to petition for immigration?

immigration law, there are two forms used by USCIS for petitioners to submit on behalf of foreign nationals. If the petitioner is a relative of the foreign national, Form I-130, Petition for Alien Relative needs to be completed. This form asks for information used to establish the relationship between the petitioner and ...

How long does it take for a USCIS form to be approved?

Forms are reviewed on a first-come, first served basis and can take anywhere from several months to several years to process.

What form do I need to file for an alien worker?

If the petitioner is a prospective employer of the foreign national, they should complete Form I-140, Immigrant Petition for Alien Workers. This form asks for information about the beneficiary's skills, last arrival in the United States, place of birth, current address, and more. It also asks for information about the petitioner's business and ...

How to apply for permanent residency in the US?

Once a petition is approved, the qualifying foreign national may apply for permanent residency status by submitting Form I-485. This document asks for information about the place of birth, current address, recent immigration history, criminal history, and more. Immigrants who are already in the United States may apply for adjustment of status, while those outside the United States may apply for a green card through the U.S. embassy.

How long does it take to get a green card?

Because of U.S. quotas on the number of green cards that can be granted each year, Form I-130 processing times vary based on the relationship between the petitioner and the beneficiary. Some immediate relatives, for example—including spouses, parents, and children under 21—are given preference over siblings and adult children. Processing times for the latter can last as long as 10 years.

Who Is the Petitioner, Applicant, and Beneficiary?

When filing the G-1145 E-Notification form, I was a little confused about who's name to use. I decided to use the applicant's name for G-1145.

Who is the beneficiary of a green card?

Generally, the U.S. citizen spouse is the petitioner and the alien spouse who is applying for a green card is the beneficiary: Petitioner - U.S. citizen spouse. Beneficiar y - Alien spouse. Applicant for I-485 - Alien spouse. Applicant for I-130 - U.S. citizen. Applicant for I-765 - Alien spouse. Applicant for I-131 - Alien spouse.

Is the principal applicant of an I-485 a derivative?

If you are the main beneficiary of the I-485 application, yes, you are the principal applicant. If you have other relatives applying with you, they are the derivative applicants.

Jeanny Tsoi

You may select Employer since that is the Petitioner of your I-140, which is the basis of your wife's immigrant visa application.

Naoki Sekiya

While your I-140 petitioner in your case should also be the petitioner in your wife's follow-to-join consular case in a legal sense, DOS/NVC may be treating you as "petitioner" in their system as you probably claimed in I-824. Take a look at the NVC correspondence and see who is listed as the petitioner.

David Eli Larson

The employer who filed the I-140 for you is the petitioner. Listing that employer as the petitioner will not cause any problems.

4 attorney answers

Your wife is the applicant. Whoever filed the I-129 is the petitioner. The receipt number is up in the upper left-hand corner of the I-797C. The start and expiration dates are on the right side, about ¼ of the way down.

Hector E Quiroga

On an L-2 visa, there is no "petitioner", the L-2 visa applicant is the "applicant" (your wife).

Giacomo Jacques Behar

You should be the principal applicant. The other questions you have cannot be answered with such limited information. Best of Luck!

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Petition Forms

  • The petition process is a way of making sure that you have a good reason to come to the U.S. There are two categories of petitioners – immediate relatives and prospective employers. If your petitioner is a direct relative, they need to submit Form I-130: Petition for Alien Relative. The pur…
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Approval Process

  • The approval process of petitioner requests is notoriously slow. This is an important part of the process, as approval of the petition form by the USCIS is a prerequisite to the filing of a visa. To make matters worse, the COVID-19 pandemic has resulted in long delays in every part of the immigration process. Even after the situation normalizes, you can expect long delays. Here is a …
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Additional Information

  • It is important to note that having an approved petition does not, by itself, give you any right to come to, or remain in, the U.S. It is merely the first step in the visa application process. If you are having trouble getting USCIS approval of your petition, you might consider consulting with a qualified and experienced U.S. immigration attorney. A lawyer is usually worth the cost and can …
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Conclusion

  • If you are wanting to come to the U.S. for work or based on a familial relationship, you need a petitioner to start the visa application process. A petitioner must be an immediate relative or a prospective employer. The USCIS also requires that the petitioner is a U.S. citizen or legal permanent resident. Your petitioner backs up your claim that you have the right to immigrate. G…
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