When petitioning for a married child over 21, it is crucial to understand the legal nuances that govern this process. The petitioner must adhere to specific regulations and guidelines set by U.S. immigration law.
Rights and Protections
Petitioners and their beneficiaries are granted rights and protections under U.S. immigration law throughout the petitioning process. One of the primary rights is the ability to apply for Permanent Resident status through Form I-130, Petition for Alien Relative. However, this form is merely the start of the process. Married children over 21 fall under the Family Preference category, which often means longer waiting periods due to annual visa number limitations.
Beneficiaries are protected against discrimination and have the right to privacy regarding their personal information. All information provided to United States Citizenship and Immigration Services (USCIS) must be handled according to privacy laws and regulations.
Appeals and Motions to Reopen or Reconsider
If a petition is denied, petitioners can appeal the decision. For USCIS decisions, they may file Form I-290B, Notice of Appeal or Motion, no later than 30 days after receiving the denial notice. Moreover, they may file a motion to reopen the case, which requires new facts supported by affidavits or other documentary evidence, or a motion to reconsider, which asks USCIS to reexamine the decision based on a claimed incorrect application of law or policy.
Notice must be taken that the right to appeal or file motions does not guarantee a decision reversal. The processing times for these actions can vary, and potential delays should be expected.