US citizens and people with legitimate permanent US residence can sponsor their family, Alien Relative, or spouse for their immigration by filing an immigration petition. This is going common nowadays. When the US resident wants a family member or relative to live with them for some purpose, for instance, work and study, or the citizen to sponsor spouse as they are married or getting married then he will file for the immigration petition.
If a person wants to know has anyone filed an immigration petition on your behalf, then yes, it is quite possible to file for you. An immigrant is dependent on the sponsor to file a petition on his behalf so that he can enter the country but after filing for I-140 which is an employment-based petition.
What Is An Immigrant Petition?
As the name shows, an immigrant petition means a petition for immigration to a foreign country. The purpose of immigration is employment or living with family. But here the question arises that how or who we can file and where to file. First of all, the petitioner is a US citizen or a lawful citizen of the US.
Moreover, in some cases, the immigrant can also file on his behalf. Secondly, the petitioner will file the petition to the USCIS (US Citizenship and Immigration Services). Before starting the filing process, the individual should have every detail about the method and requirements.
Has Anyone Ever Filed An Immigrant Petition On Your Behalf-ds 160 Explain?
- Before figuring out if we can file by ourselves or not, let’s begin with the ds-160.
- The ds 160 is an online application for a nonimmigrant visa.
- Mostly, people want to know whether we can file without the sponsor or not.
- If a person has filed ds 160 with PERM but is not approved, and the I-140 is also not filed yet, then the answer is no.
- This is because the I-140 is too necessary as it is our immigration petition, not the PERM is.
- So as soon as the I-140 is filed, then it would be possible to file on your behalf as in this case the self-petition is taken as some petitioning for you.
Visa Application:
Our nonimmigrant application should ensure the USCIS that we are not going to live in the US permanently. So the application should be clear enough about the purpose of entering the US. For instance, staying in the US on F1, B, M, J, and Q visas for employment and study purposes. Our application must show that we have a strong connection with our country that will make us leave the US as soon as our goal has been completed.
Previous Petitions Conditions:
- Form I-140, I-160, and I-360 are immigrant petitions.
- The question if you have ever filed on your behalf means whether your family member or any other person has filed for you in the past or not.
- Filing for an immigrant visa means sponsoring you for a green card.
- Keep in mind that these immigrant petitions don’t mean that we have got immigration, but it shows our previous immigration intentions.
- That is why the consular office wants all the details about our past immigration activities.
Family Information:
Family information is obligatory in filing the petition DS 160. It requires all the data about the beneficiary’s US relatives, for instance, where do they live, what kind of profession they have about their status in the US. They can be both US citizens and lawful permanent citizens like green cardholders. Moreover, only close relatives have the opportunity to sponsor the immigrant, especially the spouse.
So if an immigrant doesn’t want the application to be disapproved or delayed, he should collect all the documents about the authenticity of their relationship with the US relatives. Consular offices are quite efficient in finding out every detail, so the applicant should understand that any wrong information can cause him big trouble.
Employment-based Immigration Petition:
First of all, we should know who is eligible to file for an employment-based visa. The individuals with exceptional abilities in their respective fields like science, arts, and any business, Outstanding researchers and professors having three years of experience in their fields, laborers that the US needs and all the other business professionals are eligible for this petition.
Form I-140 is the petition for the employment-based petition which costs 700$. Moreover, the reason behind its eligibility criteria is the benefits of its excellence in the US economy and welfare.
Nonimmigrant Consular Interview:
Before coming to the intent, we should know what the nonimmigrant visa means. This visa is intended for living in the US for a shorter period, not permanently. So to confirm the beneficiary’s intention of temporary stay, the USCIS gets access to all the data, previous circumstances, and relationships with the US citizens.
If the applicant doesn’t want to get rejected, he should give every detail about his business, religious and relative’s strong ties in the Homeland, which shows that he will have to return to the Homeland.
Port Of Entry Application:
We can say that the port of entry is the boundary between the applicant and visa. It is the point of the applicant’s final scrutiny. So it is a border, or we can say an airport where the applicant finally gets the visa and is accepted to the foreign country.
Admitting the foreigners is the responsibility of CBP(Customs And Border Protection), which makes this sure that the person has a valid right purpose for visiting and has assets and support to be there.
Be Prepared If Necessary:
Now here comes the point of how we can prepare ourselves for any difficult condition. Here difficult condition refers to the situation when it becomes necessary to give evidence of our temporary visit to the US. We should be ready with all the documents proving that we have a lot of things to go back to Homeland.
These documents include our employment documents which will ensure that we have a job in the Homeland, bank statements for financial satisfaction, and Homeland. Residence proofs, where we will want to return as soon as we complete our purpose.
Adjusting Status Immigrant:
Adjustment of status happens when the nonimmigrant wants to change the status to the immigrant. Some would ask, what if changing the intent can cause serious problems? Yes, it can cause problems as the person’s purpose was for a temporary basis. But there is a condition, if the nonimmigrant finds his nonimmigrant to immigrant adjustment is eligible and lawful, then he can go for it.
Now the question is how. It is majorly when the person on either f1 or b1 visa wants to marry a US citizen or green cardholder. Again, If and only if the 90 days rule has been followed.
Ds 160 Question About Immigrant Petition Explain:
The Ds questions about our immigration petition shouldn’t confuse the applicant as the USCIS does this just for the confirmation of their nonimmigrant intent. That is why they may ask about the person’s relatives in their Homeland and the US also. It will make them sure that the person has strong ties to the US, where relatives will support, and in the Homeland, where he will go back.
Besides, if the applicant has a spouse in the US, then there are more chances of getting immigrant status and getting a green card. So the applicant must be proficient in answering all the questions.
Has An Immigration Petition Be Filed For You I-539?
Form I-139 is the petition filed by nonimmigrants to extend their stay. We know that when our exit date comes closer or has been completed, it becomes obligatory to leave the country right then. But the condition when for some the nonimmigrant wants his stay to be extended then he will need to file I-539.
Now the question is if the immigration petition is filed for you. The employer will file for the beneficiary if he is not having any visa type. But if yes, then the nonimmigrant can file for himself without any sponsor or employer. Nowadays, the major extending reason is Covid 19.
Have You Ever Filed For Or Been The Beneficiary Of An Immigrant Petition e.g I-130 Or I-140?
Yes. First of all, there are two types of immigrant petitions. The first one is I-130 and the second is I-140. The I-130 form is for sponsoring Alien relatives but if they are our close relatives. The best example is petitioning for the spouse. Form I-140 is an employment-based petition, for which the employer files for us.
Frequently Asked Question:
Has anyone ever filed an immigrant petition on your behalf meaning?
The purpose of this question is for making sure about the past immigration activities of the immigrant. It asks whether any immigrant’s relative, business, or company has ever filed for him or not.
Has anyone ever filed an immigrant petition on your behalf ds 160? explain.
The petitioner should first know that the perm is not the petition, but I-140 is. So if he has filed PERM, not I-140 then the answer is no. It is possible to file on your behalf when the I-140 has been filed.
Is I-140 an immigration petition?
Yes, I-140 is an immigration petition for sponsoring the Alien workers to get admitted to the US. The beneficiary should be eligible and have strong ties to the petitioner to get the application approved.
Is I-140 an immigration petition Ds 160?
Yes, it is. When you have filed the form I-140, ds 160 will get approved. Forms I-160, I-140, and I-360 are immigrant petitions, but that doesn’t mean the person has become an immigrant, but it is for confirming the past immigrant activities.
Conclusion:
The question asked after the petition has been filed is “Has anyone ever filed an immigrant petition on your behalf” is to make sure about a person’s previous procedures for an immigrant visa and has someone ever filed for them or not. Be efficient in answering these questions affirmatively or truthfully according to an attorney.
