Illinois Family Immigration Attorneys

What is Family-Based Immigration?

Families are an essential part of life, and being apart from your family can be challenging. One of the main concepts in United States immigration law is the unification of families. Families should be allowed to stay together, and immigration policies generally support this idea. U.S. citizens, as well as lawful permanent residents, have the ability to help some close family members immigrate to the United States. 

The Immigration and Nationality Act (INA) sets limits on the number of immigrant and non-immigrant other visas that can be issued in a year. However, there is no limit to the number of immigrant visas that can be issued for immediate family members of U.S. citizens. Experienced Illinois family immigration attorneys are available to help with your visa needs. 

Immediate Family Members

Immediate family members may qualify for a family-based visa. Immediate family members include:

• Spouse of U.S. citizen
• Unmarried child of U.S. citizen, under the age of 21
• Parent of U.S. citizen

A married child would not qualify as an immediate family member, even if they are under the age of 21. Also, an unmarried child does not qualify as an immediate family member if they are age 21 or older. Brothers and sisters, aunts and uncles, and grandparents are not considered immediate family members. These relatives may qualify for a visa through the family preference system. A legal permanent resident (LPR), also called a green card holder, can request a family visa through the family preference system. 

Family Preference System

The family preference system is in place to provide a number of visas to family members of LPR and extended family members of U.S. citizens. The preference system allows a certain number of visas per year based on categorization. 

• Preference Allocation F1 – For unmarried adult children of U.S. citizens
• Preference Allocation F2A – For spouse and unmarried minors of LPR
• Preference Allocation F2B – For unmarried adult children of LPR
• Preference Allocation F3 – For married adult children of U.S. citizens
• Preference Allocation F4 – For brothers and sisters of U.S. citizens

Once the limit of visas is reached, no more will be issued during that year in that category. Knowledgeable Illinois family immigration attorneys will assist you in determining qualifications for particular family members. 

Family-Based Immigration Process

There is a process in place to apply for a family-based immigration visa. A U.S. citizen or legal permanent resident (LPR) sponsor must file a petition on behalf of the applicant. There are a variety of criteria that must be met to qualify for a family-based visa. In addition to submitting a petition, a U.S. citizen or LPR sponsor must provide proof of the family relationship. 

They must also meet the minimum income requirements, and the sponsor must sign an affidavit stating they will take financial responsibility for the family member when they enter the United States. The eligible relative must also have a medical exam and be up-to-date on required vaccinations. The relative is also subject to a review of criminal history and must show that they will not rely on the government for their financial needs. 

Family-based immigration is one of the best ways to bring immediate family members to the United States. The process can be complex, and it is helpful to seek guidance from reliable Illinois family immigration attorneys. To learn more about family-based immigration, contact our legal team at Sverdloff Law at (312) 238-9090 for a consultation.