Who Is The Petitioner USCIS?

by | Last updated on January 24, 2024

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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.

Who files the I-751?

You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or

your conditional resident child were battered or subjected to extreme cruelty

. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States.

Who is considered the petitioner for Form I-751?


The 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.

Who is the applicant or petitioner USCIS?

The applicant is

the person who wants the USCIS to grant them an 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.

Who is the petitioner and who is the sponsor?

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.

What happens if petitioner dies after I-130 approved?

If the petitioner dies, the

applicant typically must obtain a substitute sponsor to continue to be eligible for adjustment of status

. A substitute sponsor is needed even if the deceased petitioner has completed the Affidavit of Support.

Can petitioner and beneficiary be the same?

A petitioner is

someone who submits a request on behalf of a foreign national

who wishes to immigrate to the United States. The foreign national is known as the beneficiary.

How long does it take to remove conditions on Green Card 2020?

HOW LONG DOES IT TAKE TO REMOVE CONDITIONS ON RESIDENCE? After filing the Petition to Remove Conditions on Residence, your I-751 processing time can take anywhere from

12 to 18 months

.

How long does it takes for a decision I-751 after Biometrics?

After the biometrics appointment notice is received, the applicant will need to wait

approximately 4-5 months

until they receive any additional notices from USCIS.

Does I-751 require an interview?

As a matter of law,

a conditional resident and spouse must appear for an in-person interview after filing Form I-751

, Petition to Remove Conditions on Residence. But U.S. Citizenship and Immigration Services (USCIS) may waive this requirement in some cases.

How long it takes to petition brothers or sisters?

This usually takes somewhere

between 2 to 5 years

. But the waiting time may further extend in some cases. You may be asked to wait until the priority date and the visa bulletin dates become current.

What is difference between applicant and beneficiary?

Applicant (Visa): A foreign citizen who is applying for a nonimmigrant or immigrant U.S. visa. The visa applicant may also be referred as a beneficiary for petition based visas. … An application for asylum is made in the United States to DHS.

What happens if the principal applicant dies?

If the petitioner dies before the principal applicant has immigrated to the United States,

the petition is automatically revoked

. … If there are compelling humanitarian circumstances, the applicant may contact directly the DHS office that approved the petition to request that it be reinstated for humanitarian reasons.

What happens after I-864 is approved?

After the Form I-864 has been submitted and accepted,

it does not expire

. However, if the supporting documents are more than 12 months old, the consular officer will ask for new supporting documents, such as the most recent federal income tax returns (1040) and a current employment letter.

Can I sponsor my husband if I don't have a job?

If you are unemployed and do not have regular income, then you

need a co-sponsor

, or you need to have enough assets to meet the affidavit of support requirements.

Can my husband petition my sister?


Yes

. You may petition for your married sister and her family on Form I-130. Her husband and unmarried children under 21 years of age may immigrate with her.

Maria LaPaige
Author
Maria LaPaige
Maria is a parenting expert and mother of three. She has written several books on parenting and child development, and has been featured in various parenting magazines. Maria's practical approach to family life has helped many parents navigate the ups and downs of raising children.