Family-Based Immigration

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Family-Based Immigration process can be complex and stressful, but we can facilitate it. Contact a Family Based Immigration Lawyer, Oleh Feduniak, to get answers to all of your questions from our experienced immigration lawyer. 

Family-Based Immigration

One of the most common ways to immigrate to the United States is through members of your family who are either U.S. citizens, or holders of permanent resident status. An alien who wants to immigrate to the United States must be sponsored by a member of his/her family who is willing to file a Petition for Alien Relative. A U.S. citizen or green card holder can sponsor the following individuals:

  • Spouse
  • Children
  • Parents (can be sponsored only by U.S. citizens)
  • Siblings

Family immigration is a complicated process that requires skills and knowledge of Immigration & Nationality Law. The safest way to achieve your immigration goals is through hiring a family based immigration lawyer, Oleh Feduniak, Esq. Our expertise and experience will help you reunite with family members and guide you through all stages of the immigration process (filing of Petition for Alien Relative, consular processing of immigrant visa, adjustment of status, and naturalization).  

Immediate Relatives v. Family Preference

There are two types of family-based green cards based on the relationship between sponsor and beneficiary:
    1. Immediate relatives – close relatives who are not subject to a numerical limit on immigrant visas. It means that immediate relatives do not need to wait for their visa to become available before they can obtain an immigrant visa or adjust their status. The following aliens are considered immediate relatives:
      • Children of U.S. citizens who are not married and under 21 years old
      • Spouses of U.S. citizens
      • Parents of U.S. citizens, but only if the U.S. citizen is 21 years old or older.
    1. Family preference category – covers all other categories of immigrants that are not included in the Immediate relatives. Immigrant visas are not immediately available for the family preference category; therefore, aliens will need to wait for their visas to become available before they will be able to get an immigrant visa or adjust their status. The following aliens are considered Family preference:
      • Unmarried, adult sons and daughters (age 21 or older) of U.S. citizens
      • Unmarried, adult sons and daughters (age 21 or older) of permanent residents
      • Married sons and daughters of U.S. citizens
      • Spouses of permanent residents
      • Siblings of adult (age 21 or older) U.S. Citizens

How to Start Family Based Immigration Process for Family Members?

A sponsor (U.S. citizen or permanent resident) must file Form I-130 (Petition for Alien Relative) with the USCIS. The petition will require you to provide information about yourself and the beneficiary and your relationship. You will be required to provide supporting documentation along with the Petition for Alien Relative to prove a relationship with the beneficiary. It is important to complete the petition accurately and provide a full set of supporting documents, so we would recommend you hire the Chicago family-based immigration attorney, Oleh Feduniak.

How to Apply for Green Card?

Once Petition for Alien Relative was approved and a visa number is available (if your category is subject to annual visa limitation) you can apply for a green card. There are two different paths to obtaining a green card. The most common path is consular processing when you apply for an immigrant visa in the United States Embassy abroad. The other path to apply for a green card is through adjustment of status. To adjust the status to permanent resident, you must be physically present in the United States in non-immigrant status.