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RELATIVE PETITIONS
These petitions may be filed by parents and step-parents to be joined by their children or step-children; citizen children to be joined by their parents; husbands and wives to be joined by their spouses; brothers and sisters to be joined by their siblings; and sometimes even grand-parents may be able to immigrate their grandchildren, depending how they got their status and depending the current status of the parents of the grandchildren. This sometimes avoids the longer wait when a lawful resident parent is petitioning.
FIANCEE PETITIONS
Relative petitions also include fiancée petitions which may be filed by United States citizens to immigrate their fiancés or who are in the United States or overseas. These petitions, when approved by Immigration, gives the beneficiaries of the petitions the right to apply for permanent residence at the United States embassy if they remain overseas, or at the Immigration Service office nearest to their residence if they are in the United States.
These petitions permit an individual to enter the United State within approximately 6 months.
In the case of fiancé petitions, the fiancé or fiancée will be eligible to apply for adjustment of status to that of permanent resident in the United States after they enter on an approved fiancée petition and marry their United States fiancée or fiancé.
QUALIFICATION UNDER SECTION 245i
Certain individuals who have relative petitions or labor certification applications filed before April 30, 2001 may STILL be able to use those petitions when filing new petitions. If you cannot find the petition, it may be possible to obtain the information from Immigration.
It may not matter who filed the first petition or whether it was approved. The beneficiary of that petition may still be able to benefit from section 245i and this will enable them to adjust their status in the United States without having to leave and risk being unable to return for many years.
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