Chicago Family Immigration Lawyer

What Is a Family-Based Green Card?

A family-based green card allows eligible relatives of U.S. citizens and lawful permanent residents to live and work in the United States permanently. Since immigration laws prioritize keeping families together, this pathway is one of the most common ways for foreign nationals to obtain legal residency in the U.S.

To bring a qualifying relative to the U.S., the sponsoring relative must file a petition with U.S. Citizenship and Immigration Services (USCIS). The relative can then request permanent residency within the U.S. by filing Form I-485 to adjust their status.

How Does Family-Based Immigration Work?

Family-based immigration allows U.S. citizens and permanent residents to petition for certain relatives to obtain green cards. The process involves several steps, including submitting an I-130 Petition for Alien Relative, undergoing background checks, and completing an interview before final approval.

Who Can U.S. Citizens Sponsor for Green Cards?

Citizens can bring the following family members to the United States:

• Spouses
• Children of any age and marital status
• Parents (if the sponsor is 21 or older)
• Siblings (if the sponsor is 21 or older)

Some relatives, such as unmarried children, are given preference over parents and siblings.

Who Can Permanent Residents Sponsor for Green Cards?

Permanent residents of the U.S. can sponsor their spouses and unmarried children. There are three categories of family members:

• Spouses
• Unmarried children under 21
• Unmarried adult children over 21

Children under 21 are given preference over children over 21.

The availability of visas depends on the category. Spouses and children of U.S. citizens typically experience faster processing times than other applicants.

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Challenges in Family-Based Immigration

Many applicants face legal and procedural obstacles during the family immigration process. Some common challenges include:

• Lengthy processing times: Visa backlogs can delay applications, particularly for family preference categories.
• Incomplete or incorrect documentation: Mistakes in applications can result in delays or denials.
• Visa denials due to inadmissibility: Criminal records, past immigration violations, or financial concerns can affect eligibility.
• Affidavit of support requirements: Sponsors must prove they have sufficient financial resources to support the intending immigrant.
• Adjustment of status vs. consular processing: Deciding between filing within the U.S. or applying abroad can be confusing without proper guidance.

An experienced immigration attorney can help you overcome these challenges and improve your chances of success.

Types of Family-Based Immigrant Visas

The U.S. immigration system offers two main types of family-based immigrant visas for individuals seeking permanent residency through sponsorship by a U.S. citizen or lawful permanent resident:

Immediate Relative Visas (IR Visas)

IR visas are exclusively available to close family members of U.S. citizens:

• Spouses of over two years
• Parents (if the U.S. citizen sponsor is at least 21 years old)
• Unmarried children under 21

Since there are no annual limits on IR visas, applicants typically experience faster processing times compared to other family-based visa categories.

Family Preference Visas (F Visas)

Family preference visas apply to other relatives of U.S. citizens and to spouses and children of green card holders. These visas are subject to annual numerical limits, leading to longer wait times.

There are five F visa categories, which are separated into four preference levels:

• First preference (F1): Unmarried children aged 21 and older of U.S. citizens.
• Second preference (F2A): Lawful permanent residents’ spouses or unmarried children under 21.
• Second preference (F2B): Unmarried children aged 21 and older of lawful permanent residents.
• Third preference (F3): Married children of U.S. citizens.
• Fourth preference (F4): Siblings of U.S. citizens (if the sponsor is at least 21 years old).

You can check the latest Visa Bulletin for the current priority dates and wait times.

Do I Need a Family Immigration Lawyer?

While it is possible to file a family-based immigration petition without an attorney, working with a Chicago family immigration lawyer can greatly increase the likelihood of success. Immigration laws frequently change, and the process can be complicated. An attorney can:

• Ensure your application is complete and accurate.
• Help resolve legal complications or inadmissibility issues.
• Provide guidance on supporting documents and financial requirements.
• Represent you in case of delays, denials, or requests for additional evidence.
• Expedite the process when appropriate.

If you need assistance with your family-based immigration case, contact SimVisa for a free 15-minute consultation.