Is the petitioner the applicant?

Asked by: Prof. Marielle Schimmel II  |  Last update: July 24, 2023
Score: 4.2/5 (41 votes)

Petitioner: A U.S. citizen or lawful permanent resident family member or employer (or the employer's agent) who files a family-based or employment-based immigrant visa petition with USCIS. Applicant: A foreign citizen who is applying for a nonimmigrant or immigrant U.S. visa.

Who is petitioner and applicant in USCIS?

The applicant is the person who wants the USCIS to grant them an immigration benefit in the United States. However, the petitioner could be the beneficiary of the green card or visa, the employer, or the U.S. citizen or lawful permanent resident (green card holder) relative.

Which person is the petitioner?

"Petitioner" refers to the party who petitioned the Supreme Court to review the case. This party is variously known as the petitioner or the appellant. "Respondent" refers to the party being sued or tried and is also known as the appellee.

Who is the applicant in I-130?

A citizen or lawful permanent resident of the United States may file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to establish the existence of a relationship to certain alien relatives who wish to immigrate to the United States.

Who is the petitioner and who is the spouse?

Since you are the one responding to the other spouse filing for divorce, you're called the Respondent. Your spouse is the Petitioner.

Frequently Asked: Petitioner, Beneficiary, Respondent, or Applicant?

22 related questions found

What does spouse petitioner mean?

The petitioner is the spouse who starts the legal process, and they are also known as the plaintiff in a divorce case. On the other hand, the respondent is the spouse who responds to the initial petition for divorce.

Am I the petitioner or sponsor?

Some people call the petitioner a "sponsor." However, in legal terminology, "sponsor" actually refers to the person providing financial sponsorship to the immigrant. It's true that the petitioner must, as part of the immigration process, be the first and primary financial sponsor.

Who is the immigrant applicant?

To apply for an immigrant visa, a foreign citizen seeking to immigrate generally must be sponsored by an immediate relative who is a U.S. citizen or lawful permanent resident, or by a prospective U.S. employer, and have an approved petition before applying for an immigrant visa.

Who is an applicant for admission USCIS?

To lawfully enter the United States, a noncitizen must apply and present himself or herself in person to an immigration officer at a U.S. port of entry when the port is open for inspection. A noncitizen who arrives at a port of entry and presents himself or herself for inspection is an applicant for admission.

Is the petitioner the first name?

(In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the "v" is the defendant. If the case is appealed, as in this example, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second.

What is the meaning of petitioners?

Britannica Dictionary definition of PETITIONER. [count] 1. : a person who creates a petition or signs a petition in order to change or ask for something.

What is an immigrant petition on your behalf?

If you would like to become a permanent resident of the US and obtain your Green Card, an Immigrant Petition needs to be filed on your behalf by either your relative, your employer, or in some cases by yourself. Immigrant visa Petitions are Family-based Petitions and Employment-based petitions.

Who is a substitute petitioner for I-130?

To be a substitute sponsor, an individual must be a U.S. citizen, national, or lawful permanent resident; be at least 18 years old; and must be your spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal ...

Is the principal immigrant the petitioner?

The principal immigrant is the intending immigrant who is the primary beneficiary of the visa petition.

How long does it take for I-130 to be approved?

For immediate relatives (spouse or unmarried child) of a U.S. green card holder (legal permanent resident) living abroad, the time to process Form I-130 currently varies between 24.5–32.5 months. For those living in the U.S., the processing time is currently 12.5–22.5 months.

Who is the green card applicant?

When communicating with the issuing authority, U.S. Citizenship and Immigration Services (USCIS), a new Green Card candidate is initially called "Applicant" or "Beneficiary". Lawful holders of a Green Card are also referred to as "Lawful Permanent Residents" or "LPR".

What do you call someone who is immigrant?

“Immigrant” is not a term used universally: though common in North America to refer to those living in a country other than their birth country, other terms frequently used include "international migrant," the "foreign born," and "migrant." National statistical agencies base their counts of migrant populations on the ...

What's next after your I-130 is approved?

USCIS will automatically send cases to the National Visa Center (NVC) after form I-130 is approved. The NVC now is processing all the cases through Consular Electronic Application Center (CEAC). It is an online portal; means you need to pay and submit documents online.

How long does it take for USCIS to process I-130 for spouse?

For a spouse of a U.S. lawful permanent resident, the processing time of Form I-130 takes between 14 and 37 months. Because every case is different, some I-130 forms may take longer to resolve than others. Typically, USCIS handles the cases in the order they are received.

How long does it take to approve I-130 for spouse?

In a Nutshell

It's currently taking between 13 to 36.5 months for USCIS to process Form I-130 for U.S. citizenship petitioners and 16 to 38 months for permanent resident petitioners. As the beneficiary, your spouse will file Form DS-260 with the National Visa Center.

How long does it take to process 1 130 for spouse?

In a Nutshell

- The current average processing time for U.S. citizens filing Form I-130 for a spouse beneficiary is 18 months.

What's the difference between applicant and sponsor?

When talking about sponsorship application, the “sponsor” is the Canadian citizen or permanent resident that wants to bring their spouse or common-law partner into Canada. And the “Applicant” is the one that is applying to come to Canada and live here as a permanent resident.

Who is a sponsor in immigration?

A sponsor is a person who has helped an immigrant become a lawful permanent resident (green card–holder) by signing an affidavit of support.

What does sponsor mean in immigration case?

1) A person who fills out and submits an immigration visa petition. Another name for sponsor is petitioner, OR 2) a person who completes an affidavit of support (I-864) for an immigrant visa applicant.