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Family-based Immigration

Eligibility:

Foreign nationals who have a immediate relationship with a U.S. Citizen or a Permanent Resident may be elegible to become apply for a green card via family-based immigration process to immigrate to the U.S. or adjust their status if they are already in the U.S. These familial relationships can be based on being an “Immediate Relative” of a U.S. Citizen or having another close relationship to a U.S. Citizen. Persons who also have a familial relationship with a Permanent Resident may be able to adjust their status through a family-based immigration status.

Immediate Relatives:

For immigration purposes, only parents, spouses, and children (who are unmarried and under 21 years of age) of a U.S. citizen can be considered an immediate relative. All immediate relatives of a U.S. citizen can immigrate to the United States without being subject to any numerical restrictions, unlike other close family members of U.S. citizens and/or permanent residents. Namely, they can apply for the permanent resident status without having to deal with any waiting time. Other close family members of U.S. citizens or permanent residents are divided into several groups called “Preferences”. Each Preference is given a numerical quota per year to limit the number of immigrants admitted into the United States.

Family-sponsored preferences

Other close family members of a U.S. citizen can qualify to immigrate to the United States, but unlike the immediate relatives of a U.S. citizen, they are subject to a numerical limit of immigrant visas available to them each year. Close family members are divided into several groups called “Preferences”. The higher the Preference, the quicker the alien will be eligible to receive a green card.

Second preference details:

Spouses and Children of Permanent Residents have 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit. Similarly, unmarried Sons and Daughters (21 years of age or older) of Permanent Residents have 23% of the overall second preference limitation.

First

Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second

Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers.

Third

Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth

Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

Other categories

Deferred Action for Childhood Arrivals

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. Learn more about it at the USCIS website.

Same-sex Marriage Rights: 

On June 26, 2013, the United States Supreme Court held in United States v. Windsor that the federal interpretation of ‘marriage’ and ‘spouse’ as legislated in Section 3 of ‘DOMA’ to that of strictly heterosexual unions was unconstitutional because it denied legally married same-sex couples their due process under the Fifth Amendment. As a result, same-sex couples now have all of the same rights for immigration. Learn more about it at the USCIS website.

CALL FOR CONSULTATION

Applicants for Family-Based Immigration Chicago, IL who are physically unable to comply with the English or civics requirements because of a physical or mental impairment may be excused.

*Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.