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Filing I-130 for Unmarried Children Over 21 years of a Permanent Resident.

New York, NY |

Recently got the permanent resident card and willing to file for unmarried children over 21 years. I flew back to my home country for some reason and will be back with in 6-months to USA

My Question is :

1) Does the Parent (permanent resident) needs to be physically present in USA to file I-130 for children or just need to sign the petition?

2) Is the Mother or Father going to sign the petition (I-130) ?-(Mother was Principal applicant of an F4 - I-130 petition when received the green card.)

3) Is there any financial requirements to file the petition as the parents just got in to USA?

Attorney Answers 3

  1. 1. No, that comes later
    2. Petitioner signs
    3. No, that comes later.

    The point of the I-130 is to establish the qualifying relationship and alert the govt that there will be an immigrant filing of some sort when the priority date is current.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at Contact us at 713.335.5505 or email at Veronica Tunitsky offers in-person, as well as telephone and email consultations.

  2. 1. No, you do not have to be phyically present in the US at the time of filing.
    2. The sponsoring Permanent Resident will sign the petition.
    3. Financial requirements come into play once the priority date becomes current and a permanent residence application is filed.

    Myron R. Morales, Attorney
    Morales PLLC

  3. 1. You don't need to be physically present in the U.S., but must give a U.S. address for yourself and sign the petition.

    2. I always prefer the mother to file such a petition.

    3. All this will come years later, once the priority date becomes current. I wouldn't worry about it now. File ASAP to establish an earlier priority date!

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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