There are two different forms that can be used to submit a petition for an immigrant visa. The first form is called a Form I-130, Petition for Alien Relative. This form is used if you are currently a U.S. citizen or a lawful permanent resident who is seeking to establish their relationship with an eligible relative who wishes to obtain a Permanent Resident Card.
The other form that is used for an immigrant visa is a Form I-140, Immigrant Petition for Alien Workers. This form is used by employers to obtain an employment-based immigrant visa.
Filing Form I-130 Petitions—Exceptional Situations
In some cases, petitioners may be able to request to file at a U.S. Embassy or Consulate in some special circumstances. These circumstances only apply if you are filing for an immediate relative, such as your spouse, an unmarried child under the age of 21, or your parent if you are 21 years of age or older.
Your immigrant visa lawyer NYC will help you understand whether these special circumstances may apply in your case. If your case does fall within this category, you will need to contact the nearest U.S. Embassy or Consulate to request acceptance to file overseas. Each of these exception requests is evaluated on an individual basis. If the request is denied, then you must either file the petition online or by mail.
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