Who Qualifies for Family-Based Immigration?
Looking for A Specific Post? Search Below
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.
Co Mówią Nasi Klienci
Ocena 5 gwiazdek | Na podstawie 200+ pozytywnych opinii na Google
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…
Schedule a consultation!:
Umów się na konsultację!
Libertyville
Reklama prawnika. Informacje te mają wyłącznie charakter ogólny. Przedstawionych informacji nie należy interpretować jako formalnej porady prawnej ani tworzenia relacji prawnik/klient. Wcześniejsze wyniki i referencje nie stanowią gwarancji, rękojmi ani przewidywania wyniku Twojej sprawy i nie powinny być w ten sposób interpretowane. Wyniki z przeszłości nie mogą zagwarantować przyszłych wyników. Jakikolwiek wynik w pojedynczej sprawie nie ma na celu stworzenia oczekiwań podobnych wyników w przyszłych sprawach, ponieważ każdy przypadek wiąże się z wieloma różnymi czynnikami, dlatego też wyniki będą się różnić w każdym przypadku. Podając dane kontaktowe, użytkownicy potwierdzają i wyrażają wyraźną zgodę na kontakt za pośrednictwem udostępnionych metod komunikacji, w tym wiadomości SMS. Mogą obowiązywać stawki za wiadomości i transmisję danych. Częstotliwość wiadomości może się różnić. Odpowiedz STOP, aby zrezygnować.
NUVEW | Prawo autorskie 2026 Wszelkie prawa zastrzeżone | Informacja o dostępności | polityka prywatności