Family-Based Immigration Attorney in Chicago

Reliable Legal Support for Family Immigration in Cook County

If you are a U.S. citizen or lawful permanent resident, you can sponsor certain types of family members for green cards. These visas confer lawful permanent residency and allow recipients to live and work almost anywhere in the country. Family sponsorship also serves as a potential pathway to permanent United States citizenship.

Our Chicago family-based immigration lawyer at Aparicio Immigration Law can assist you with each step of the sponsorship process. Our team can assess your loved one’s eligibility and help you prepare the necessary paperwork and application materials. We have a strong track record of delivering favorable results and can provide the experienced guidance you need and deserve. 

Understanding the complexities of immigration law is crucial in ensuring a successful application process. At Aparicio Immigration Law, we provide comprehensive support by not only focusing on the legal technicalities but also offering emotional support, recognizing the stress that immigration processes can impose on families. Our dedicated approach ensures that each client is well-informed and prepared at every stage.

Schedule an initial consultation to learn more about family sponsorship by contacting us online. We assist clients in Illinois, Indiana, and Wisconsin. Se habla Español.

Eligibility for Family Members to Obtain Green Cards

Only United States citizens and lawful permanent residents can sponsor their loved ones for green cards. The types of family members you can sponsor will depend on whether you are a citizen or a lawful permanent resident. 

United States citizens can sponsor:

• Spouses
• Parents
• Unmarried children under the age of 21
• Unmarried children over the age of 21
• Married children (any age)
• Siblings

Lawful permanent residents can sponsor:

• Spouses
• Unmarried children under the age of 21

Many types of more distant relatives, including grandparents, grandchildren, cousins, aunts, and uncles, are not eligible for green cards. Our Chicago family visa lawyer can help you understand who you can sponsor.

Spouses, parents, and unmarried children (under the age of 21) of U.S. citizens qualify as “immediate relatives.” Visas will be immediately available to immediate relatives once the United States Citizenship and Immigration Services (USCIS) approves their family petitions. However, it still typically takes USCIS at least 1 year to process family petitions. 

The priority for U.S. citizens to sponsor immediate relatives reflects the government's emphasis on keeping nuclear families together. This process, though often lengthy, is designed to eventually provide a stable foundation for families to build their lives in the U.S., enhancing both economic and social contributions to their communities. As such, maintaining accurate and complete documentation is crucial to expediting the process.

All other eligible relatives must apply under the “family preference” categories. Only a limited number of family preference green cards are distributed each year. This means that family preference relatives will likely need to wait for a visa to become available after their petition has been approved. The extent of the wait can vary but depends on the case backlog, the relative’s relation to the sponsor, and the relative’s country of origin. 

Navigating the family preference system requires a strategic approach due to the cap on available visas, which can result in lengthy wait times. At Aparicio Immigration Law, we help our clients explore potential interim solutions, such as obtaining work or student visas for eligible family members to mitigate delays and reunite families as swiftly as possible.

Understanding Family-Based Visa Categories

In family-based immigration, understanding the distinction between immediate relatives and family preference categories is critical. Immediate relatives have the advantage of priority consideration, resulting in a faster processing timeframe. This category includes spouses, parents, and unmarried children under 21 of U.S. citizens. Conversely, family preference visas, covering siblings and married children among others, face longer wait times due to annual caps. Our team at Aparicio Immigration Law, is equipped to navigate these complexities, offering guidance tailored to each client’s circumstances, ensuring that they are aware of potential timelines and necessary preparations.

Being informed can significantly impact the planning phase when reuniting families. We strive to provide clarity and assistance, ensuring you understand each step of the visa journey. From gathering essential documents to preparing for potential interviews, our methodical approach alleviates the burden often associated with the U.S. immigration system. Consider consulting a family-based immigration attorney in Chicago to learn more about how these categories might affect your family’s visa application process.

Steps to Obtaining a Green Card for Family

The initial sponsoring petition seeks to confirm that a legitimate familial relationship exists. Once this has been established, USCIS will recognize that the sponsored relative is eligible for a green card.

Upon recognition, maintaining a proactive dialogue with USCIS is paramount. Regularly checking for updates and any additional requested documentation can prevent unnecessary processing delays. Our clients are encouraged to keep meticulous records and to respond promptly to any correspondence from immigration authorities, fostering a smoother transition to permanent residency.

After a visa becomes available, the sponsored relative will need to either adjust their status or go through consular processing. If your family member is currently in the United States, they can formally request an adjustment of status by submitting the appropriate paperwork to USCIS. If your family member is outside the United States, they will need to initiate consular processing through their home country's U.S. embassy or consular office. This will involve undergoing a medical examination and meeting with a USCIS officer for an in-person interview. 

Once either process has been completed, your family member will receive their permanent green card and become a lawful permanent resident. These visas last for ten years and can generally be easily renewed. 

Obtaining a green card signifies not only legal residency but also a new chapter for families embracing life in the U.S. During the adjustment or consular process, our team at Aparicio Immigration Law, your reliable family visa attorney, offers comprehensive support, from preparation of required medical and civil documents to providing insights about the interview process, ensuring clients feel informed and confident every step of the way.

Guidance for Conditional Green Cards in Marriage Cases

If you sponsor your spouse and your marriage is less than two years old, your spouse will receive a “conditional” green card that expires after only two years. You will need to file a joint petition to “remove conditions” in the 90-day window before the conditional green card is set to expire. Failure to complete this step can result in your spouse accruing unlawful presence.

It is essential to understand the significance of a conditional green card in maintaining legal status. Our team proactively assists couples in preparing necessary evidence of a bona fide marriage, such as shared financial documents, affidavits from friends and family, and other pertinent records that substantiate the ongoing relationship, ensuring the successful removal of conditions.

Removing conditions involves verifying your marriage is authentic and that you have continued to live a life together in the United States. Your spouse will receive a traditional green card with a ten-year validity period when conditions are successfully removed. 

Our Chicago family visa lawyer at Aparicio Immigration Law can assist you with removing conditions and work to overcome any other obstacle that arises during the sponsorship process. Our attorney is an immigrant himself and understands the importance of bringing families together.

Understanding the broader context of immigration policies and the ever-evolving regulations can have a significant impact on the processing of family visas and conditional statuses. Our ongoing commitment to updating our practices ensures that the assistance provided is aligned with current laws, enhancing our clients’ ability to navigate complicated scenarios effectively.

Navigating Chicago's Local Immigration Resources

Chicago is home to a wealth of resources for immigrants, offering various support systems beneficial to families undergoing the visa process. Numerous local organizations, such as the Illinois Coalition for Immigrant and Refugee Rights, provide invaluable assistance. These entities offer educational workshops, legal assistance referrals, and community programs designed to aid new residents in acclimating to life in Illinois. Understanding and leveraging these resources can significantly bolster your preparedness and confidence during the immigration journey.

Additionally, local libraries and community centers frequently host informational sessions and have materials that can enhance your understanding of the immigration process, contributing to a smoother transition. Our attorneys at Aparicio Immigration Law can recommend suitable local resources tailored to your needs, ensuring comprehensive support throughout your residency application.

Explore your family immigration options by contacting a Chicago family visa lawyer online today. We offer our legal services in English and Spanish.

Frequently Asked Questions About Family Visas

What Is the Processing Time for Family Visa Applications?

The processing time for family visa applications varies significantly based on the specific category of visa requested and individual circumstances. Immediate relatives often experience shorter wait times since there is no annual cap on visas. However, the process can still take over a year, given USCIS's workload and required background checks. In contrast, family preference categories might face extended delays due to annual quotas, resulting in a multi-year wait. Staying informed of your visa status and complying with all USCIS requests is vital. Our team at Aparicio Immigration Law, your trusted Chicago family visa lawyer, is committed to keeping you updated and helping expedite your application when possible by ensuring all submission steps are rigorously followed.

Can I Expedite My Family Visa Process in Chicago?

Under certain situations, expedited processing can be requested; however, it is subject to USCIS approval. Qualifying reasons include humanitarian considerations, government interests, or unavoidable delays. While there is no guaranteed approval, providing comprehensive and compelling documentation supporting such requests often aids in this process. Aparicio Immigration Law assists clients in evaluating eligibility for expedited processing and ensures that all relevant documents are complete and persuasive.

What Happens if My Family Visa Application Is Denied?

Should a family visa application be denied, understanding the reasons is crucial. Common reasons for denial include incomplete applications, insufficient evidence, or inadmissibility issues. Upon denial, you may file an appeal or motion to reopen, depending on the reason. It is imperative to act within the specified timeframe for any appeal. Our attorneys at Aparicio Immigration Law offer comprehensive analysis and guidance in handling visa denials, ensuring that corrective actions align with legal provisions and enhance the chances for future approval.

What Are My Rights as a Family Visa Sponsor?

As a family visa sponsor, you pledge to financially support the immigrant to ensure they do not become a public charge. This commitment remains valid until the sponsored individual becomes a U.S. citizen or accrues 40 work quarters. It’s vital to understand these obligations as they impact both parties involved. At Aparicio Immigration Law, we provide clarity on your responsibilities and help negotiate any implications of sponsorship agreements, ensuring informed decisions throughout the process.

For trusted legal guidance, reach out to a knowledgeable Chicago family visa attorney at Aparicio Immigration Law. Call (312) 313-6707 or contact us immediately to schedule your consultation.