Family Based Immigration

Always looking out for you and the ones you love.

Helping you and your family achieve permanent residency. 

A huge part of the American immigration system is built around the idea that families should be together. Having that longstanding history, however, does not mean it is an easy process. Family-based immigration has strict rules and deadlines that must be followed. A mistake can delay the process or result in a sad outcome for your family. Whether your family member is in the United States, or in a different country, we can help!

FAQs

  • U.S. immigration law allows certain noncitizens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships.

  • If you are a U.S. citizen, there are two categories of family members you can sponsor: (1) Immediate Relatives; and (2) Preference-Based Family Members.

    The immediate relative category includes any of the following family member of a U.S. citizen:

    • Spouses

    • Widows or widowers

    • Unmarried children under 21 and adopted children

    • Parents

    Immediate relative are prioritized. This means that there is no cap or limit to the number of visas issued each year in this category. The immigration laws are also a bit more flexible when it comes to immediate relative visas. For example, some factors that otherwise might disqualify an individual from adjusting status and getting their green card (such as overstaying their visa or engaging in unlawful employment) do not apply. 

    In addition, U.S. citizens can also sponsor the following preference-based family members:

    • Unmarried sons and daughters (21 years of age and older);

    • Married sons and daughters of U.S. citizens;

    • Brothers and sisters of U.S. citizens if the U.S. citizen is 21 years of age and older);

    The number of family preference visas available is capped each year, resulting in long wait lists. The Department of State publishes a Visa Bulletin monthly, and as part of this bulletin, updates on immigration petitions and green cards are given.

    A U.S. citizen cannot use family-based immigration petitions for other relatives, such as grandparents, aunts, uncles, cousins, and in-laws.

  • U.S. permanent residents (green card holders) can sponsor the following family members:

    Spouses - Second preference category (F2A)

    Unmarried sons and daughters (under 21 years of age) - Second preference category (F2A)

    Unmarried sons and daughters (21 years of age and older) - Second preference category (F2B).

    The number of family preference visas available is capped each year, resulting in long wait lists. The Department of State publishes a Visa Bulletin monthly, and as part of this bulletin, updates on immigration petitions and green cards are given.

  • Immediate relative visas are prioritized. This means that there is no cap or limit to the number of visas issued each year in this category. The immigration laws are also a bit more flexible when it comes to immediate relative visas. For example, some factors that otherwise might disqualify an individual from adjusting status and getting their green card (such as overstaying their visa or engaging in unlawful employment) do not apply. 

    The number of family preference visas available is capped each year, resulting in long wait lists. The Department of State publishes a Visa Bulletin monthly, and as part of this bulletin, updates on immigration petitions and green cards are given.

  • The process varies.

    Its important to remember that sponsoring a family member for a green card is always a two-step process.

    First, there must be an immigrant petition filed with USCIS. This establishes that a valid family relationship exists for immigration purposes. The I-130, by itself, does not confer any immigration benefits.

    Step two is the “green card” application. This is where your family member will be vetted for thier eligibility to become a permanent resident. This process can be done in the U.S. by filing Form I-485 with USCIS, or by filing Form DS-260 with a U.S. Embassy abroad.

    When and where to file a green card application can be confusing. Different rules and timing restrictions apply for different types of cases.

    It is best to consult with an experienced immigration lawyer to discuss when and how to start the family sponsorship process.

  • Bringing family members to the United States via family-based immigration can be a highly emotive and stressful process. Letting a professional do the heavy work for you can bring both a lot of relief and the right results. Here are five reasons why you should consider retaining our immigration attorney in Chicago.

    1. Information. Our family immigration attorney will help you understand what is involved in the immigration process. Plus, immigration rules, regulations, and policies change often, and our immigration lawyer will keep you updated on everything you need to know.

    2. Time unwasted. Our family immigration attorney can advise you as to the right category of visa to apply for and guide you each step of the way. In particular, we can help you complete the application form and compile the necessary supporting documents to ensure your application is properly prepared. 

    3. Delay prevention. As already mentioned, you must meet deadlines or else risk delays or denied petitions. As your legal representative, you will not have to worry about these deadlines because we make sure deadlines are met.

    4. Appeals. If your petition is denied for any reason, we can move forward with a strong appeal. We already know the ins and outs of your case. The appeals process can be overwhelming, but we can help make sure a positive outcome is reached.

    5. Protection of rights. Above all else, we protect the rights of our clients. Throughout the immigration process, you may come across some people who abuse their positions. We will make sure you and your loved ones are treated with respect and dignity and that your rights are upheld to the full extent of the law.

Family Immigration Checklist

The family-based immigration process requires a series of forms to be filed with the USCIS. The first and most critical of these is Form I-130, Petition for Alien Relative

In addition to completing the form, the petitioner must include legible photocopies–translated into English where necessary–of any relevant supporting documentation. 

 

  • Proof of the petitioner's U.S. citizenship or permanent residency, like:

    Birth certificatesNaturalization or citizenship certificatesCurrent U.S. passports or green cards

    Proof of the qualifying relationship, like:

    • Birth certificates

    • Marriage certificates

    • Divorce Certificates (if applicable)

    • Evidence of bona fide marriage

    • e.g. documentation showing property co-ownership, shared residence, combined financial resources, affidavits from people who know you and who can attest to your relationship and shared lifeAdoption decrees or certificatesEvidence of legal custody of an adopted child over a two-year period

  • Checklist for Principal Applicants

    • Two passport-style photographs;

    • A copy of a government-issued identity document with photograph;

    • A copy of your birth certificate. If it is unavailable or does not exist, provide other acceptable evidence of birth such as church, school, or medical records, and proof of unavailability or nonexistence, if applicable;

    • Inspection and admission, or inspection and parole documentation;

    • Documentation of immigrant category, such as a copy of Form I-797, Approval or Receipt Notice, for the immigrant petition (unless you are filing your Form I-485 with the petition, such as Form I-130);

    • Evidence you continually maintained a lawful status since arriving in the United States (does not apply to immediate relatives);

    • Form I-864, Affidavit of Support;

    • Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable);

  • For ALL sponsors:

    • A copy of your individual federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file.

    • Also include a copy of every Form 1099, schedule, and any other evidence of reported income.

    • Prrof of U.S. Citizenship or Permanent Residence;

    • You may also submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

    For SOME sponsors:

    • If you are currently self-employed, a copy of your Schedule C, D, E, or F from your most recent federal income tax return which establishes your income from your business.

    • If you are sponsoring more than one intending immigrant listed on the same affidavit of support, photocopies of the original affidavit of support may be submitted for any additional intending immigrants listed. Copies of supporting documentation are not required for these family members.

    • If you are the petitioning sponsor and on active duty in the U.S. armed forces or U.S. Coast Guard and are sponsoring your spouse or child using 100% of the Federal Poverty Guidelines, proof of your active military status.

    • If you are using the income of people in your household or dependents to qualify, a separate Form I-864A for each person whose income you will use. However, an intending immigrant whose income is being used must complete Form I-864A only if their spouse and/or children are immigrating with them.

    • Proof of each household member's residency in your household and relationship to you if they are not the intending immigrants or are not listed as dependents on your federal income tax return for the most recent tax year.

    • Proof that the intending immigrant’s current employment will continue from the same source if their income is being used.

    • A copy of each household member's individual federal income tax return, including W-2s and 1099s, for the most recent tax year, or evidence that they were not required to file. You may submit this information for the most recent three years if you believe it will help you qualify.

    • If you use your assets or the assets of a household member to qualify, documentation of assets establishing location, ownership, date of acquisition, and value. Evidence of any liens or liabilities against these assets.

    • A separate Form I-864A for each household member using assets other than for the intending immigrant.

    • If you are a joint sponsor, substitute sponsor, or the relative of an employment-based immigrant requiring an affidavit of support, proof of your U.S. citizenship status, lawful permanent resident status, or U.S. national status.

  • This application filed concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status. If you are filing Form I-765 after you have filed Form I-485, include evidence of a pending I-485 (for example, a copy of your Form I-485 receipt notice or other evidence).

  • This form should be filed along with Form I-485. For an advance parole document for individuals who are currently in the United States:

    • A copy of an official photo identity document;

    • Two identical passport-style photographs of yourself taken within 30 days of the filing of this application;

    • A copy of any document showing your current status in the United States;

    • A copy of a USCIS receipt as evidence that you filed the adjustment application, if you are an applicant for adjustment of status (if applying after I-485 is filed);

    • You and each family member immigrating with you must obtain an original birth certificate or certified copy;

    • If you were convicted of a crime, you MUST obtain a certified copy of each court and prison record, even if you were later granted amnesty, a pardon, or other act of clemency;

    • If you are or have been married, you must obtain original marriage certificate/s or certified copies of EVERY marriage;

    • If you were previously married, you must obtain evidence of the termination of EVERY prior marriage you have had;

    • If you served in the military of any country, you must obtain a photocopy of your military record;

    • You and each family member immigrating with you must submit a photocopy of the biographic data page of a currently valid passport;

    • If you are 16 years of age or older, you must obtain a photocopy of a police certificate from all countries you have lived in;

    • Completed medical exam from Embassy approved physician.

Book An Appointment.

At Naser Immigration Law, we understand family-based immigration and how it can impact families and communities. We help our clients and their family members meet deadlines and file immigration petitions that are completed timely, properly, and sufficiently. We are proactive and identify issues to be addressed immediately to avoid delays.