For a lot of people, the immigration process is personal. You’re trying to either come here as a permanent resident or temporarily with a visa. However, there’s also ways that you can bring a family member to California with you. Family petitions, then, are incredibly useful. But who can file one? Our team at Maison Law Immigration Lawyers can answer your questions and guide you through the process. Set up a one-on-one consultation today.
Who Can File a Family Petition in California?
Officially, a family petition is called a “Form I-130, Petition for Alien Relative.” That can sound confusing, but in practice, it’s a way that certain people can ask the government to let a specific family members come to California to live and work alongside them. But it raises a key question, who can actually file this petition? Under current rules, Form I-130s can be filed by:
- Full citizens. Full citizens can file a petition for:
- Spouses
- Children
- Parents
- Siblings
- Green card holders. A step below are family petitions filed by green card holders. They can only petition for:
- Spouses
- Unmarried children
No matter which category applies to you, filing a family petition is ultimately an application process. So, success depends on knowing how the process works.
How Does the Family Petition Process Work?
When you’re trying to bring a close family member to live with you, it can feel overwhelming at first—like the process is out of reach. One of the good things about Form I-130 is that there’s a single, standardized process that eligible U.S. citizens and lawful permanent residents can use. That said, once you get into the details, it’s not always as simple as it looks on paper.
- Gathering documentation. The starting point for any family petition is getting your documentation in order. You’ll need:
- Proof of your status in the U.S., such as a passport or birth certificate.
- Proof of your relationship to your family member, like a marriage certificate or birth record.
- Your relative may also need to provide documents, including their passport and any available entry records.
- Filing Form I-130. From there, you file Form I-130 itself. This means you have to put down all the basic information about you and your family member, and provide all the supporting documentation. Once USCIS receives everything, they’ll send a receipt notice confirming the petition is in their system and providing a receipt number you can use to track the case.
- Waiting time. After that comes the waiting. The time it takes to actually process and review the application depends heavily on who the family member is and which processing center has to review thigns. It can take several months, and sometimes longer.
- USCIS decision. Eventually, USCIS will issue a decision. If the petition is approved, you’ll receive a notice explaining the next steps. If it’s denied, the notice will explain why and whether you can submit more information or challenge the decision.
Every situation is different, of course. In many situations, you’ll have a sense of how strong your petition is when you file it. The hardest part for most people isn’t the paperwork—it’s the waiting. That takes patience and the right approach.
Do I Need a Lawyer to File an I-130?
A Form I-130 family petition is one of the most straightforward ways you can bring your family together, but that doesn’t mean the process is stress-free. With such high stakes, you’re probably curious about the process and how your application can be successful.
Technically, you don’t have to hire a lawyer to file a family petition. But having an experienced immigration team can make the process smoother and help you avoid problems that slow things down. We can:
- Help with documentation. A family petition requires extensive forms and documents not just for you, but for your family member. We can make sure all the birth certificates, passports, and other proof is in line.
- Guide you through the process. Waiting is the hardest part of the whole process. Our team stands with you and keeps you updated on how things are moving forward so you’re not in the dark.
- Keep things simple. Instead of worrying about forms, deadlines, and small details, you can stay focused on your family while we handle the process behind the scenes.
Ultimately, a family petition isn’t just paperwork—it impacts real people and real lives. Our goal at Maison Law Immigration Lawyers is to help your family petition application move forward as smoothly as possible, so your family has the best chance at a successful outcome. If you’re trying to file a family petition, reach out today for a one-on-one consultation.
