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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.Â
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.
What Our Clients Say
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I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
I had an outstanding experience working with Brittni Rivera. From our very first consultation, she demonstrated deep expertise, professionalism, and genuine care for my case. Navigating immigration processes can be incredibly stressful, but Brittni made the entire journey much more manageable and transparent. She were always responsive to my questions, provided clear guidance at every step, and never made me feel like just another case. Thanks to her hard work…
Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
I have worked with Kevin Raica for my VAWA application. Let me tell you he has been AMAZING. Unlike other lawyers Kevin has always went above and beyond for me. Kevin is not in it for the money he is in it to HELP people and make a difference. He has walked me through the entire process and always answers any questions I have no matter what. This law firm…
The attorney is an excellent person and very professional. I am very grateful to the entire team—they are attentive to everything, and I consider her the best in all of the U.S. Thank you once again for everything.
Mr. Burton helped my mother with her case. He was always polite, clear, and always answered my questions in a professional and diligent manner. Our case ran smoothly, and we never ran into any issues. I also want to greatly thank the paralegal that also managed my case, Stephanie Nunez, she was always willing and very helpful with my mother, a genuinely good person. I will forever recommend Justin and…
I would like to express my deepest gratitude to Mr. Justin Burton! He is an outstanding specialist in his field and an attorney who quite literally changed our family’s life. Mr. Burton demonstrated a highly professional approach and exceptional dedication to our case. He stands out for his extensive knowledge of immigration law and, beyond that, is a person of great integrity. I can wholeheartedly recommend Mr. Justin Burton and…
I would like to start this review with a big thank you for the immigration lawyer, Nicole Provax, who has done a successful and amazing work on my dad’s case! She was dedicated in walking us through the whole process, keeping excellent communication with us, and despite the little hurdles that came up along the way, she was able to get the case to continue progressing! I’m forever grateful of…
I had the pleasure of having Brittni Rivera as our attorney working on our immigration green card process for my Husband and I .... from beginning to the end.. the best most professional guidance you could ask for. I highly recommend her ... and Donald Rogers too.. thanks again for all your help.
We had the pleasure of having Justin Burton on my parents case. From the moment we reached out, his staff was incredibly welcoming and took the time to really listen to our concerns. We never felt rushed or like just another case, Justin made sure we understood every step of the process and answered all our questions with patience and clarity. What really impressed us was how Justin and staff…
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