Chicago Family Immigration Attorneys

For many people, relationships with family members are among the most important aspects of their lives. As a result, many United States citizens and lawful permanent residents seek to have family members living overseas come to live and work in this country. Other U.S. citizens and lawful permanent residents seek to apply for family members who are already here but may not yet have status. Fortunately, under United States immigration law, a citizen or the holder of a green card (a lawful permanent resident) may petition to have certain relatives immigrate to the United States and obtain a green card. These relatives may also later be eligible to obtain citizenship through naturalization time if they meet certain requirements.

Who is Eligible for Family-Based Immigration?

The family members that are eligible for family-based immigration depend on whether you are a United States citizen or a lawful permanent resident. The information below outlines which of your family members may be eligible based on your own status:

• United States Citizens – As a U.S. citizen, you may petition for your spouse, children (whether over or under 21, married or unmarried), parents, and siblings. In addition, you may petition for a specialized fiancé(e) visa in the event that you are engaged to a foreign national living abroad. In addition, some spouses and children are eligible for a K-3 or K-4 Nonimmigrant Visa while a Petition for Alien Relative for permanent residence is pending.

• Permanent Residents (Green Card Holders) – Individuals who have a green card have more limited options when it comes to family-based immigration petitions. They may file a petition for their spouse, unmarried children under 21, or an unmarried son or daughter of any age.

In addition to the above two categories, individuals who are in the United States in certain other categories may also be able to file a petition for their spouse and unmarried children. For example, refugees and asylees may petition for their spouses and children, and U visa applicants may submit applications for their spouses and children before or after their U visa approval. In all of these cases, there are specific rules that may or may not apply in your situation. As a result, anyone considering filing a family-based immigration petition should consult with a knowledgeable and reputable immigration lawyer.

Contact a Chicago Family-Based Immigration Attorney Today to Retain Legal Counsel

Family members of United States citizens and lawful permanent residents are often eligible to enter the country and obtain a green card or various types of visas allowing them to live and work in the U.S. The laws and regulations regarding family-based immigration are complicated, and there are ample opportunities for complications to arise during the process. Fortunately for people wishing to take advantage of family-based immigration laws, the assistance of an attorney can often help ensure that your case is resolved in the way in which you desire. For over 40 years, the attorneys of  Kriezelman Burton & Associates, LLC have provided legal counsel and represented the legal rights of people with issues related to immigration law. To schedule a consultation with an experienced and trusted immigration law attorney, call our office today at 312-332-2550. If you would like to contact us via email, please fill out and submit our online contact form available here.

FAQs About Family Immigration 

Who is eligible to petition for family members to immigrate to the United States?

U.S. citizens can petition for their spouses, unmarried children under 21, parents (if the citizen is 21 or older), married children of any age and siblings. Lawful permanent residents, also known as green card holders, have fewer petitioning options. They can sponsor only their spouses, unmarried children under 21 and unmarried adult children.

What documents are required for a family immigration petition?

Key documents generally include proof of the petitioner’s U.S. citizenship or permanent residency, evidence of the qualifying family relationship (such as marriage, birth or adoption certificates) and a range of supporting financial and personal records. An immigration attorney can provide a comprehensive document checklist tailored to your specific case and ensure all requirements are addressed to avoid delays or requests for additional evidence.

How are immediate relatives and family preference categories distinguished?

Immediate relatives of U.S. citizens have no annual numerical limits and can generally immigrate as soon as their petition is approved and processed. Family preference categories are limited by annual numerical caps and governed by priority dates, which can result in significant waiting periods before a green card becomes available.

What happens after my family member receives their green card?

New permanent residents must maintain their status by residing primarily in the United States and can apply for U.S. citizenship after meeting specific residency and other requirements. Continued legal guidance can help ensure compliance with permanent resident obligations and successful navigation toward citizenship when eligible.

Can my petition be denied, and what happens if it is?

Immigration petitions can be denied for various reasons, including insufficient evidence, ineligibility, fraud concerns or procedural errors. An experienced attorney can help prevent denials through proper preparation and can assist with appeals, motions to reopen, or refiling strategies if a denial occurs.