Family plays a vital role in the culture of the United States. Reuniting or keeping loved ones together in the U.S. is a top priority for many individuals seeking legal status, making family-based immigration one of the top immigration categories. However, this type of immigration could be surprisingly complicated. It requires extensive documentation, has strict eligibility requirements, and often features substantial delays. Mistakes in the application process could lead to long separations, denial of immigration benefits, and other problems.
Having an experienced DuPage County family immigration lawyer is crucial to navigating this process successfully. Our attorneys at Godoy Immigration dedicate themselves to helping families like yours stay together and build a future.
Family immigration allows U.S. citizens and lawful permanent residents (Green Card holders) to sponsor certain family members for immigration benefits. Depending on the sponsor’s status and the family relationship, processing times and eligibility requirements could vary.
U.S. Citizenship and Immigration Services (USCIS) splits family members into two categories for immigration purposes: immediate relatives and family preference. Immediate relatives include people in the nuclear family, such as spouses, parents, and children. However, the children must be unmarried, and the parents are only for U.S. citizens. These visas have no numerical limits, making them the fastest route to obtaining legal status.
Family preference categories are for people other than immediate relatives. It includes unmarried adult children, married children, and siblings of U.S. citizens, as well as spouses and children of Green Card holders. These categories have annual visa limits, leading to longer wait times. A family immigration attorney in DuPage County could help people understand potential wait times for their situation.
Qualifying to be a sponsor depends on the type of family preference category. A U.S. citizen could sponsor a wide range of family members, including:
A lawful permanent resident could sponsor their spouse or unmarried children. There are two categories for unmarried children: those under 21 or those over 21.
Whether someone is a citizen or a Green Card holder, the sponsor follows the same process for family immigration. It starts with filing Form I-130, which is the Petition for Alien Relative, with USCIS establishing the qualifying relationship.
Family visas have limits, so there may not always be a visa available. If the relative falls under a family preference category, he or she may need to wait for a visa number to become available. If the family member is outside of the U.S., the process is a little different. Instead of being known as an adjustment of status, it is called consular processing, and the U.S. embassy in their area handles it. If the family member is in the U.S., he or she may be able to use Form I-485.
USCIS requires supporting documentation and other evidence, such as fingerprinting or other proof of identity and an in-person interview. Once USCIS approves the petition, the family member may receive a visa or a Green Card, allowing them to live and work legally in the U.S.
There are some challenges in the family immigration process, such as petitioner errors. A DuPage County family immigration attorney could help people avoid these mistakes. Common challenges include:
Many of these challenges are fixable—or at least manageable. However, if there are barriers to reentry, such as if someone previously entered the U.S. unlawfully or overstayed a visa, it could be more challenging.
If you need help bringing a loved one to the U.S. or securing legal status for them, a DuPage County family immigration lawyer from Godoy Immigration could help. From advising you about the process to assisting you with paperwork and handling appeals, an attorney could help streamline the process. Call us today to schedule a case evaluation to learn more.
