What are the reasons that someone would not be able to petition for someone else? 10 Answers as of December 15, 2011

It really depends upon the specific facts of the case. In general, a U.S. citizen or lawful permanent resident can petition for certain family members (i.e. spouses, children, sons and daughter over 21, and siblings). Corporations can also petition for an individual. The person may be prevented from petitioning due to age (i.e. a U.S. citizen child cannot petition for his or her parent until they reach 21) or due to a criminal record that indicates the person will be a danger to the beneficiary. However, another issue is whether the person receiving the immigration benefits is eligible for said benefits. A lot of times petitions are not filed as the person is not eligible and would only end up in removal proceedings. It would be best for you to discuss your circumstances with an immigration attorney.

I would suggest that you read the I-130 or I-140 petition instructions. These will tell you who can apply and what the requirements are. Good luck.

The following are a general list of issues that could bar or reduce the benefit of entry into the US: a. Criminals Some crimes are less serious than others. The impact of a conviction should be discussed with competent counsel. Obtain a full copy of the criminal case record to include both the charging document and the final disposition of the case. b. To have made a fraudulent or illegal entry into the US. Any arrests or removal (deportation) by i. Immigration and Customs Investigation (ICE) ii. Customs and Border Patrol (CBP) Arises if entry to the US refused at airport of border crossing post. Usually caused by misrepresentation or fraud. iii. US Customs and Immigration Services (USCIS) Fraud perpetrated in any application, petition or personal interview. iv. Ordered removed (deported) by an Immigration Law Judge. (ILJ) v. Overstayed a visa waiver entry period of 90 days. vi. Been in the US and not in status for 180 days or a year or more. The person will be barred from entry into the US for 3 and 10 years respectively. . c. The relationship between the person applying and the person benefitting turns out to be: i. fraudulent, untrue, a bigamous marriage, etc ii. that the beneficiary is simply not qualified to receive the immigration benefit because a labor certification (PERM) has not been approved; the business making the application does not qualify, the relationship between the family members in the case is not a close enough relative. Many of these issues turn on financial consideration where the beneficiary is determined to be a potential charge on the public resources e.g. will need support like food stamps, medical expenses etc. d. Other or less common or highly technical issues in the character and background of the individual beneficiary.

In most circumstances, people simply cannot meet the financial sponsorship requirements relating to income and assets owned. Generally, as long as there is an accepted family relationship, any person may sponsor. Be aware that if a sponsor of a marriage or fiance visa has recently sponsored others based on marriage or fiance visa, USCIS field officers will take a much closer look at the application.

Certain felonies, in particular sex crimes against minors.

A prior finding of immigration fraud or a crime against a child.

If the petitioner's residence or citizenship status is subject to challenge. Also if his freedom to marry or remarry is questionable.

There are only certain categories of relationship both family and employers which allow sponsorship. There are two parts to most green card applications (and sometimes a waiver in addition); the first part is the Petition which shows the relationship between the parties or an employer's offer of a job. The second part allows the Beneficiary to change status from whatever status or lack of status they are in to permanent resident or if overseas to obtain an immigrant visa. Cases have all kinds of problems, grounds of inadmissibility, failure to qualify, no visa available. Best is to consult with an attorney on the facts of your specific case and what if any obstacles will need to be overcome for a successful case as many possible obstacles won't apply to you.

That is a very vague question. A US citizen can petition for certain relatives. A green card holder can also petition for certain relatives, but there are restrictions. If the sponsor was convicted of a sexual assault or offense against a child, that could prevent sponsoring a relative.

For one, where an individual does not qualify under any provision of the INA as a petitioner. Also, under certain circumstances a petitioner may be barred from petitioning for someone based on the Adam Walsh Act.