Depending on your circumstances when entering the U.S. or sponsoring a relative to enter, you may choose from either immediate relative or family preference visa categories. Knowing which family-based green card process is right for you could help you prepare for the immigration process and all it entails.
For help with an immigration case, including family-based visa applications, call Cho Immigration Law’s experienced Chicago immigration lawyers at 312-853-3088 today.
Overview of Family-Based Green Card Categories Available in Illinois
The majority of immigration cases in the U.S. involve a family-based green card, with one recent year seeing family-sponsored visas accounting for 64.6% of all green cards. If you opt to go through the family green card process, there are two primary categories available for immediate relatives and other family members.
Immediate Relatives
The first category to consider is immediate relatives, which can apply to numerous family members who are close to the sponsor, who must be a U.S. citizen in these cases. IR visas apply to this category.
Specifically, this category applies to spouses, unmarried or minor children, adopted or soon-to-be-adopted orphans from abroad, and parents of U.S. citizens. In the case of sponsoring parents, the U.S. citizen must be 21 years of age or older. There is no annual limit to the number of immediate relatives that a U.S. citizen can sponsor under this category.
Family Preference
In this category, U.S. citizens and lawful permanent residents (LPRs) could sponsor other relatives to receive F visas. For example, U.S. citizens 21 and older can sponsor married or unmarried children and siblings. Meanwhile, LPRs could sponsor spouses and minor or unmarried children.
Eligibility Requirements for Immediate Relative and Preference-Based Petitions
Whether you want to find out how to get a marriage visa or are applying for a parent’s green card while on a tourist visa, there are common eligibility requirements that you must meet to successfully apply for a family-based visa.
These requirements include:
A Qualifying Relationship
The first requirement is a provable relationship between the sponsor and immigration applicant showing that the visa recipient is either an immediate relative or another qualifying family member under either visa category.
U.S. Citizen or LPR Sponsor
For IR visas, the sponsor must be a U.S. citizen, in some cases 21 years or older, depending on the type of IR visa. Meanwhile, family preference F visas will require sponsors to be either an LPR or a U.S. citizen.
Any other immigration status will make a prospective sponsor ineligible to sponsor a relative’s visa.
Age Requirements
All sponsors must be at least 18 years old, but some categories will require the sponsor to be at least 21 years old.
Residency
The sponsor must also currently reside in the U.S. at the time of sponsoring the family member.
Financial Stability
Additionally, sponsors will need to show that they have the ability to financially support the sponsee based on income requirements under the U.S. Federal Poverty Guidelines. In many cases, sponsors can prove financial stability by filing Form I-864, Affidavit of Support.
If you aren’t sure whether you are eligible to complete the family immigration process, family immigration lawyers in Chicago can provide guidance on qualifications and assist with the application process.
Typical Processing Times for Family-Based Green Cards in Illinois
The time it takes to process a family-based visa application can vary, depending on the visa category and type, along with the number of people applying for the visa at a given time. Typically, it can take months to several years to complete the application process. At this time, most family visa applications take a few to several months to process.
An Illinois family immigration attorney may be able to help you determine the processing time in your case and work to expedite the approval process. To determine your processing time when applying for a visa on your own, enter your application receipt number on the Case Status Online page of the U.S. Citizenship and Immigration Services (USCIS) website.
How an Attorney Can Help With the Application Process
When applying for a visa, including a family-based visa, there are several ways an attorney can help:
- Determining the Right Category: One of the advantages of hiring an attorney is the ability to decide on the right visa category based on your situation, which could include an immediate relative or family preference visa, or perhaps another alternative if you qualify for neither.
- Completing Paperwork: When applying for a visa, individuals will need to complete forms and include supporting documentation to file a successful application. An attorney could assist with this process by indicating which files to complete and gathering and organizing relevant supporting documents.
- Adapting to American Culture: If an individual successfully files an application for immigration in the U.S., an attorney may also be able to help with immigration adaptation to American culture. For instance, the attorney could indicate which resources to turn to for assistance and education about customs in their communities and the English language to increase proficiency.
- Representation During an Interview: Leading up to an interview with immigration officials, attorneys could help increase the chances of success by running practice questions or even attending the interview with the applicant to provide effective guidance.
- Appealing a Decision: A green card lawyer could appeal a denial if immigration officials reject an application, depending on the circumstances leading to the denial.
To maximize your chances of succeeding with an immigration application, it’s in your best interest to speak with an experienced attorney to guide you through the process. For help with your case and to learn the options available to you, contact us today at Cho Immigration Law to consult one of our experienced attorneys.
