Who Is Eligible for a Family-Based Green Card?
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One of the goals of U.S. immigration law is to unite U.S. citizens and green card holders with their families who are outside the United States. However, not all family members qualify to be united under this law. Rather, the law sets strict guidelines for which specific family relations are eligible to obtain a green card. The law also has limitations on how many green cards can be given each year which affects some of these relatives. At Kriezelman Burton & Associates, we have experienced family immigration lawyers who assist clients in the Chicago area in obtaining green cards for their relatives.
Family immigration is divided into two broad categories, and these are the “immediate relatives” and “preference” categories.
Immediate Relatives of U.S. Citizens
US immigration law limits the number of green cards that can be given each year, but for certain relatives of US citizens, there is no limit as to how many green cards can be given to them in any given year. These are the relatives referred to as “immediate relatives.” The biggest advantage of being an immediate relative is one does not have to deal with long waiting times to obtain a green card as in all other categories.
To be classified as an immediate relative, one must be:
- Spouses of U.S. citizens, including recent widows and widowers and same-sex couples whose marriage is legal in the state or country where it took place
- Unmarried individuals under the age of 21 with at least one U.S. citizen parent
- Parents of U.S. citizens, if the U.S. citizen child is over the age of 21
- Stepparent/stepchildren, if the marriage creating the stepparent/stepchild relationship took place before the child’s 18th birthday, and
- Parents and children related through adoption if the adoption took place before the child reached the age of 16.
Preference Relatives of U.S. Citizens and Permanent Residents
Relatives who do not fall under the immediate relative category may be classified and obtain green cards under the “preference” category. A major drawback in this category is there is a limited number of green cards available under this category; therefore, a relative who is eligible to obtain a visa under this category would have to wait for a long time, sometimes years, before they can be given a green card.
Exactly how long they wait depends on how they are related to the US citizen or green card holder sponsoring them. Here are the options available:
- Family first preference (F1). Unmarried individuals of any age who have at least one U.S. citizen parent
- Family second preference(2A): Spouses of green card holders and unmarried children who are under the age of 21; 2B: unmarried daughters and sons of green card holders who are over the age of 21
- Family third preference(F3). Married individuals of any age who have at least one U.S. citizen parent.
- Family fourth preference(F4). Brothers and Sisters of U.S. citizens if the citizen is over 21 years old.
If you are in the Chicago area and wish to have a qualifying family member come to join you or otherwise get a green card based on your relationship, contact us today to schedule an appointment to confidentially discuss your case. We are based in Chicago but serve clients in Indiana, Wisconsin, and Michigan.
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I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
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Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
Justin Burton is extremely professional knowledgeable and helpful. I’m extremely thankful for his help and patience with my case. I strongly advise to use his services and refer him to anybody in need of legal help. Thank you.
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
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