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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96017
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am filling up USCIS Form I-130, Petition for Alien Relative,

Customer Question

I am filling up USCIS Form I-130, Petition for Alien Relative, and I am stuck with the question - "Has your relative ever been under immigration proceeding?".
Could you please what this question means?

I am applying for green card for my father and mother. They have never been in United States, neither they have been in the court. Should I check "No"?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.

If they have never been in the U.S., then they should not have been in any immigration proceedings. You should check "NO". However, if they tried to get in in the past and were denied entry, it could be an "Exclusion" so you would have to put yes. But if they have never had that problem, then put "NO." Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge, if not, please do not forget to click ACCEPT. That is the only way that I can get paid a small percentage of your deposit. If you do not click accept, the website gets all of your deposit and I get nothing. When you click accept, you are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. If you would like to request me in the future, just put my name on the subject line. Positive feedback for my service to you (not the state of the law as it is) is always appreciated as well as any bonus if you think I deserve it. Thank you.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96017
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
USCIS Form I-130, in Question 13, My citizenship is acquired through option(Birth in United States, Naturalization, Parents), none of those options fit me.

My citizenship was acquired by H1B visa and acquiring green card.
Should I leave the check box blank?
Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.

For you then it is Naturalization. You filed an N-400, took the exam, took the oath. You naturalized.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96017
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
Do not include any relative listed on a separate visa petition
Customer: replied 3 years ago.
Do I need to fill up one, I-864, Affidavit of Support, for both of my parents?

In, I-864 Form, What is principal Immigrant?
Also In Question #9, Do not include any relative listed on a separate visa petition. Does that mean I cannot include my father in the I-864 form?
Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.

The I-864 comes later. And it will be an I-130 for each of them and yes, later on it will be an I-864 for each of them, but you need to wait for instructions before you file any I-864 since they are outside of the U.S.

 

One I-130 for one parent and one I-864 for one parent that is the principal immigrant.

 

Then the other I-130 for the other parent and another I-864 for that other parent and in that I-864, that parent would be the principal immigrant.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96017
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you for your response. But I still have one confusion.

In Part 2, Information on the principal immigrant, I mentioned the principal immigrant - my mother.

But in Part 3, Information on the immigrant(s) you are sponsoring;
question #9, the application mentions - "Do not include any relative listed on a separate visa petition".

Does that mean I cannot mention my father's information in the I-864, Affidavit of Support form where my mother is the principal immigrant?
Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.
That is correct. Each parent has a separate I-130 and separate I-864.

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
96017 Satisfied Customers
10+ years of experience in various aspects of U.S. Immigration Law.