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.


Immediate Relatives:


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.


Family preference Categories:
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.