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Alien Petition Template for United States

An Alien Petition is a formal request filed with the United States Citizenship and Immigration Services (USCIS) to establish a qualifying relationship between a petitioner and a foreign national (beneficiary) for immigration purposes. The petition serves as the initial step in the immigration process, whether for family-based or employment-based immigration. Subject to U.S. federal immigration law and USCIS regulations, this document requires detailed information about both parties, supporting evidence, and specific declarations under penalty of perjury. The petition must comply with current immigration regulations and may require different forms depending on the specific immigration category being pursued.

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What is a Alien Petition?

An Alien Petition is a crucial document in the U.S. immigration process, required when seeking to establish eligibility for immigration benefits for a foreign national. This document type is governed by U.S. federal immigration law and USCIS regulations, serving as the foundation for both family-based and employment-based immigration processes. The petition must be filed by a qualifying petitioner (either a U.S. employer, U.S. citizen, or permanent resident family member) on behalf of the foreign national beneficiary. The document includes comprehensive information about both parties, the basis for eligibility, and required supporting evidence. Depending on the specific immigration category, different versions of the Alien Petition may be required (such as Form I-130 for family-based cases or Form I-140 for employment-based cases). The petition must be accurately completed and accompanied by all required documentation to avoid delays or denials in the immigration process.

What sections should be included in a Alien Petition?

1. Form Type and Filing Information: Specification of the USCIS form being filed (e.g., I-130, I-140) and filing location

2. Petitioner Information: Complete details of the person or entity filing the petition, including legal name, address, and contact information

3. Beneficiary Information: Comprehensive information about the alien beneficiary, including full legal name, all other used names, date of birth, and current immigration status

4. Basis for Eligibility: Detailed explanation of the grounds for filing the petition and how the beneficiary qualifies under the specified visa category

5. Relationship Information: Description of the qualifying relationship between petitioner and beneficiary (if family-based) or employment relationship (if employment-based)

6. Immigration Status and History: Details of beneficiary's current and previous immigration status, including any prior petitions or applications

7. Contact Information: Comprehensive contact details for all parties and their representatives

8. Declarations and Signatures: Required statements, attestations, and signature blocks for all parties

What sections are optional to include in a Alien Petition?

1. Employment Details: Required for employment-based petitions, including job offer details, wage information, and employer qualifications

2. Financial Support Information: Required for family-based petitions where an Affidavit of Support is necessary

3. Priority Date Claim: Include when claiming a priority date from a previously filed petition

4. Derivative Beneficiaries: Required when including spouse or children as derivative beneficiaries

5. Special Skills and Qualifications: Required for employment-based petitions requiring specific skills or extraordinary abilities

6. Legal Representative Information: Include when petition is being filed through an attorney or accredited representative

7. Expedite Request: Include when requesting expedited processing with justification

What schedules should be included in a Alien Petition?

1. Schedule A - Identity Documents: Copies of passport, birth certificate, and other identity documents

2. Schedule B - Relationship Evidence: Documentation proving qualifying relationship (marriage certificate, birth certificates, etc.)

3. Schedule C - Immigration History: Copies of previous visas, I-94 records, and other immigration documents

4. Schedule D - Supporting Documentation: Additional evidence supporting eligibility (employment records, educational credentials, etc.)

5. Appendix 1 - Photographs: Required passport-style photographs meeting USCIS specifications

6. Appendix 2 - Forms and Worksheets: Additional USCIS forms required for specific petition types

7. Appendix 3 - Fee Calculations: Breakdown of filing fees and any premium processing fees

8. Appendix 4 - Translations: Certified translations of any documents not in English

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Genie AI

Document Type

Immigration Form

Cost

Free to use

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