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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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.
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 for standing by me during such…
I used their services for my case, and everything went smoothly. Rafael and Matthew are very knowledgeable and helpful, and answered all my questions. I highly recommend them!
I have used their services since 2022, and my experience was great. My own case was successfully finished this year. I want to say Matt and Raf were of great help throughout, and also Jennifer, who attended the interview with me. I would highly recommend their services.
Mr. Jeffery and Mr. Kevin Racia were the attorneys handling a complex immigration case of mine. On the assurance of both attorneys that the case is going to be presented in a systematic way, I went ahead with confidence. I was able to become a legal permanent resident. I highly recommend Kriezelman Burton & Associates, LLC for all your immigration needs.
Thank you, thank you, thank you to the remarkable team of Khiabett Osuna, Brittani Rivera, and Rafael Rodriguez, who were responsible for the successful release from detention of one of our parishioners, husband and father of four, after over 10 weeks of incarceration. From his detention to the payment of his bail and from Immigration Court to his reunion with his family, there were blessings aplenty made possible through the…
I would like to express my sincere gratitude to my attorney, Brittni Rivera, for her professionalism and support during a very difficult time. I was in detention for 6 months, and thanks to her hard work and filing a habeas corpus petition, I was finally released. In addition, when I was released, ICE did not return my documents. Brittni did not ignore this issue — she took action and successfully…
My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
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