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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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…
Great experience with this attorney office. They helped me with my I-751 waiver after divorce. Kevin was very professional, and supported me through the interview. Everything went smoothly and my case was approved. Highly recommend!
We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
I highly recommend Brittni Rivera. We are very grateful to her and the entire team at Kriezelman Burton & Associates. Your dedication, responsiveness, and compassion made an enormous difference during an incredibly difficult time. Serving as the liaison between Brittni Rivera and our friend in ICE detention, I saw firsthand how tirelessly she worked guiding us through the process, answering every question, and never losing sight of the humanity at…
Andrea C. Ochoa is truly the best of the best. ❤️ Our family went through one of the most difficult and frightening experiences of our lives when Feruz was detained by ICE. We felt lost, scared, and unsure of what would happen next. From the very beginning, Andrea brought us not only her professionalism and deep legal knowledge, but also something even more important — hope. She guided us through…
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