Family Based Petitions
In visa petition proceedings, the burden of proof rests with the petitioner. Matter of Brantigan, 11 I&N Dec. 493 (BIA 1966) The petitioner must prove the required elements by a preponderance of the evidence. Matter of Pazandeh, 19 I&N Dec. 884 (BIA 1989). Thus in any type of visa based petition, it is crucial to spend time building and presenting a convincing case. Approval versus denial of your petition will depend upon how your case is submitted. What may appear easy and routine to the naked eye can in fact often involve many nuances.
James Rogers, J.D., Ph.D. is a former Immigration Adjudications Office for the United States Citizenship and Immigration Services. During his tenure, James adjudicated thousands of marriage petitions. James can help you and your loved ones present your case in the light most favorable so as to meet your burden of proof. This support can be the difference between an approved versus and denied petition.
This is a particularly good category since visas are always available. There are three classes of immediate relatives; 1. children (under 21 and unmarried) of U.S. citizens, 2) spouses of US citizens, and 3) parents of US citizens. Rogers & Associates has considerable experience in preparing I-130 petitions and I-751 petitions as well as all associated petitions necessary to adjust status to permanent residency using these underlying petitions.
This category is not as good as the immediate relative category above because visas are limited and typically there are many more people who want these visas then available. As a result, there are waiting lists as well as quotas. There are four family preference categories; 1) adult children of US citizens, 2) spouses and children of permanent residents, 3) married adult children of US citizens and 4) brothers and sisters of US citizens.
UPCOMING MARRIAGE INTERVIEW? PREPARE FOR YOUR CASE