¿Quién es el peticionario en un caso migratorio?

The petitioner is the one who files the request with the U.S. government on behalf of an immigrant who intends to receive an immigration benefit (the “beneficiary”). There are three types of petitioners: (1) A U.S. citizen or family members of lawful permanent residents (LPRs); (2) the petitioners themselves; and (3) the petitioning employers.

U.S. citizens or family members of lawful permanent residents

If you are applying for an immigration benefit through a relative, the petitioner must be the family member with legal status in the United States. The petitioner can be a U.S. citizen or lawful permanent resident spouse, a U.S. citizen son or daughter over the age of 21, a U.S. citizen brother or sister, or a U.S. citizen or lawful permanent resident parent. The first step in any relationship-based immigration case is to prove an admissible relationship with a relative and demonstrate that you have the required legal status to file a petition on their behalf.

In relationship-based cases, the petitioner’s status and your relationship to them can determine how the case will be processed and how long it will take. For more information about visa waiting lists for different types of family-based petitions, visit our blog here .

Petitioner Acting on Your Own Behalf

There are two types of employment-based immigration petitions that allow you to act as the petitioner:

• EB-1A applications for extraordinary ability allow you to act as the petitioner and demonstrate that you possess extraordinary abilities that have been shown through nationally or internationally recognized documentation. The requirements for EB-1A applications are described here
• National interest exemption applications require you to demonstrate that the work you do is of considerable merit and in the national interest, that you are well positioned for advancement in your job, and that you should therefore be allowed to continue working. The requirements for national interest exemption applications are described here.

For more information about the visa waiting list for the various types of employment-based applications, visit our blog here

In addition, there are some types of humanitarian visas that allow you to act as a petitioner. These include U visas for victims of crime, T visas for victims of human trafficking, and VAWA petitions for victims of domestic violence.

Petitioning Employers

Most employment-based permanent residence options require a U.S. employer to file on behalf of an employee or prospective employee. For this to work, you need a U.S.-based employer willing to sponsor your employment application. Employers must petition for a foreign worker through the PERM (Permanent Employment Certification Application) process , which requires the employer to demonstrate that they have tried to find a U.S. worker to fill the position but have been unsuccessful. While waiting for the permanent residence process to begin, employers can also sponsor applications for nonimmigrant status, such as H-1B petitions for workers in specialty occupations and TN petitions for Mexican or Canadian workers in certain professional occupations.

If you believe you have someone prepared to file the petition for you, contact us to evaluate your options and develop a plan.

How can Vrapi Weeks Immigration Attorneys help you?

Vrapi Weeks Immigration Attorneys has a specialized team of professionals experienced in immigration cases filed by family members, employers, and individuals. We handle many types of immigration cases and can assist you with applications for green cards, work permits, waivers, employment-based visas, and family-based visas. If you have questions or would like our local attorneys to evaluate your options, we invite you to schedule a consultation with our specialized team of immigration attorneys at Vrapi Weeks today.

¿Cómo pueden ayudar las abogados de inmigración de Vrapi Weeks?

Los abogados de inmigración de Vrapi Weeks cuentan con un equipo dedicado de profesionales con experiencia en asuntos de inmigración para familiares, empleadores y particulares. Manejamos diversos tipos de asuntos de inmigración y podemos ayudarle con solicitudes de residencia permanente (Green Card), permisos de trabajo, exenciones, visas de empleo y visas familiares. Si tiene alguna pregunta o desea que nuestros abogados locales evalúen sus opciones, por favor, Programar en línea con nuestro experimentado equipo de abogados de inmigración de Vrapi Weeks hoy mismo.