Who Qualifies for Family-Based Immigration?
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U.S. immigration law allows U.S. citizens or lawful permanent residents (Green Card holders) to petition for certain family members to be given green cards and come and live with them in the United States or to have their status changed to a green card if they are already living in the United States. At Kriezelman Burton & Associates, we help clients in the Chicago area to petition for their relatives to obtain green cards based on their familial relationship with a U.S. citizen or Green Card holder.
However, not all family members qualify to obtain a green card based on the familial relationship. The law only recognizes certain family relationships as the only ones the qualifying member is eligible to obtain a green card based on that familial relationship.
The law also separates into two groups of these qualifying family relationships: “immediate relatives” and “preference” cases.
Immediate Relatives
A U.S. citizen who is 21 and older can file a petition with the United States Citizenship and Immigration Services (USCIS) to have green card status given to their spouse, parent, and unmarried children under 21 years. These family members are referred to as “immediate relatives” for all immigration law purposes. This is a much-desired category to migrate under because there is no limitation as to how many people can immigrate under this category, unlike all other categories which have limits. It is an important distinction because those in all other categories have backlogs which means their cases sometimes take years to complete, but an immediate relative has no waiting time other than normal processing time, which takes a few months to a year at most.
Preference Relatives
If one is not an immediate relative, then they are likely to be a “preference” relative, which the law defines to be the unmarried adult daughter or son of a US citizen, the spouse of a Green Card holder, unmarried children of permanent residents, and married sons and daughters of US citizens. This category of family-based immigration is subject to an annual quota – meaning there is a limit to how many people can immigrate to the U.S. under this category. This limit has caused a backlog so, in some cases, it takes several years before a visa is available for those affected.
Just showing that these relationships exist is not enough for one to obtain a green card based on that relationship. Rather, the law requires that both the U.S. citizen or Green Card holder and the relative they are sponsoring have a bona fide familial relationship beyond just having a legal document saying they are. For example, in petitioning for a spouse, the U.S. citizen or legal permanent resident must show with evidence that the marriage is real and not a sham, which often is the presumption when people petition for their foreign-born spouses. At Kriezelman Burton, we work with our clients sponsoring their relatives to make sure the proper documentation is filed and presented in a manner that makes it easy for the USCIS examiner to approve the case.
Consult with a Chicago Family-Based Immigration Attorney
If you are a U.S. citizen or permanent resident in the Chicago area and would like to sponsor a relative, contact us today for a confidential consultation. We are based in Chicago but also handle cases in Wisconsin, Indiana, and Michigan.
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Exceptional Legal Representation I want to sincerely thank Kevin Raica for handling my case so efficiently. From our very first meeting, he demonstrated confidence and a clear plan for moving forward, which put us at ease right away. He kept the process moving and resolved our case in a timely manner. His professionalism and dedication made a stressful situation much easier to navigate. I have already recommended his services to…
Outstanding experience and successful Green Card approval with Kriezelman Burton & Associates, LLC! The immigration process can often be stressful and overwhelming, but working with Kriezelman Burton & Associates, LLC in Chicago made the entire journey smooth, transparent, and successful from start to finish. I want to express my deepest gratitude to Justin Burton for his exceptional professionalism, strategic guidance, and confidence from day one. Knowing my case was in…
Great lawyer, helped us to get a green card in few months, so thanks a lot. Recommended
Kriezelman Burton & Associate are Excellent immigration law firm that understands and guide one through any immigration cases. Attorney Khiabett is one of their best attorneys you can trust, she understands, patient, attentive, and gives honest advice about any immigration case her client has. I HIGHLY recommend the law firm to anyone having immigration concerns. Thank you for all you do.
Kevin Raica literally saved my life. He helped me out of a dangerous situation that my previous attorney had put me in. After 17 years without status and 6.5 years of working with my previous attorney, I had experienced so many denials that I had completely lost hope. When I met Kevin, everything changed. He genuinely cared about my situation and gave me hope when I couldn’t see any for…
We sincerely thank the entire team for the professionalism, responsiveness, patience, and dedication shown throughout our case. From our very first visit, Justin reassured us that everything would be all right. Thank you, Khiabett, for your expertise, professionalism, and calm guidance before and during the interview, which greatly reduced our stress and gave us confidence. We also deeply appreciate Kamila's hard work, patience, and responsiveness throughout the process. For sorting…
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.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
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…
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