Solving Your Immigration Issue Is Our Top Priority

Family-Based Immigration: Unite Your Family With Our Immigration Support

The reunification of families in the United States is one of the most important goals of U.S. immigration. However, the immigration process is complex and constantly changing. Our family immigration attorneys in Chicago understand the importance of family unification and that family-based immigration cases are some of the most impactful in the pursuit of immigration goals.

Retaining one of our lawyers will allow you to bring your family together and fight any potential threats to your family’s future in the U.S.Borjas Law Group, LLC., has the experience and knowledge to provide successful legal advocacy. We can help you and your loved ones accomplish your immigration goals in the U.S.

Our lawyers are fluent in Tagalog and Spanish, and we have access to translators for other languages. Don’t let language barriers stand in the way of reuniting your family – we’re here to help.

Comprehensive Immigration Solutions For Illinois Families

Borjas Law Group, LLC., is a Chicago immigration law firm with a reputation for committed and trustworthy representation. We help clients with family-based immigration cases, such as:

  • Petitions for immediate relatives (spouses, parents and unmarried children under 21 of U.S. citizens)
  • Family preference immigrant visas for more distant relatives
  • Fiancé(e) visas (K-1) and subsequent adjustment of status
  • Marriage-based green card applications
  • Removal of conditions on residence for conditional green cards obtained through marriage
  • Adoption-based immigration petitions
  • Self-petitions for abused spouses and children (VAWA)
  • Consular processing for family members abroad

These are just some of the main immigration services we offer. Our experienced attorneys are dedicated to guiding you through every step of your immigration journey, whether you’re seeking family reunification, adjusting your status or facing complex legal challenges.

Eligibility For Sponsoring A Relative

If you were born in the U.S. or if you are a naturalized U.S. citizen and have relatives who were born in a foreign country, you may be able to help them obtain a green card (permanent residence). Relatives who are eligible by petition are spouses, unmarried children and other family members. Our family immigration attorneys have the knowledge and experience to help you through these matters.

Steps To Secure Citizenship For Your Family In The U.S.

To file for citizenship for a family member, follow these general steps:

  • Determine eligibility: Ensure you’re a U.S. citizen or lawful permanent resident and your family member qualifies under family-based immigration categories.
  • File the appropriate petition: Submit Form I-130, Petition for Alien Relative, to USCIS with supporting documents.
  • Wait for petition approval: USCIS will review your petition and notify you of their decision.
  • Check visa availability: For some family categories, wait until a visa becomes available in the Department of State’s Visa Bulletin.
  • Apply for an immigrant visa or adjustment of status: Your family member applies for an immigrant visa at a U.S. embassy or consulate abroad or for an adjustment of status if already in the U.S.
  • Attend biometrics appointment: Your family member provides fingerprints, photos and signatures.
  • Attend interview: An immigration officer interviews your family member to verify eligibility.
  • Receive decision: If approved, your family member receives their green card or immigrant visa.

The process may vary depending on individual circumstances and current immigration laws. Consult with an experienced Chicago family immigration attorney for personalized guidance throughout this complex process.

Family-Based Immigration FAQ

If you have questions about any family-based immigration process, we encourage you to read our FAQ below. Here you will find answers to some of the most commonly asked questions, which may assist you as you get started on your case.

I am undocumented and living in the U.S. How can I obtain a green card?

The answer will depend on your specific circumstances. In general, undocumented individuals living in the U.S. could become legal permanent residents by virtue of family relationships, humanitarian relief or, if placed in removal proceedings (deportation proceedings), through potential forms of relief available in immigration court.

In limited circumstances, undocumented individuals might qualify to obtain legal permanent resident status through an employer.

I am a U.S. citizen, and I have been told that my spouse, who is undocumented, will have to leave the U.S. to obtain a green card. Why?

Most likely, the reason why your spouse must leave the U.S. to become a permanent resident is because she or he does not qualify for adjustment of status. Adjustment of status is a process that allows individuals living in the U.S. to apply for and receive legal permanent resident status without having to leave the U.S. However, not everyone qualifies for adjustment of status.

In order to qualify for adjustment of status, the applicant must meet one of the following requirements:

  • Have been inspected and admitted to the U.S.
  • Is eligible for 245(i)
  • Is eligible for Parole in Place

If your spouse doesn’t meet these criteria, consular processing abroad may be necessary.

Can my U.S. citizen son or daughter petition for me?

Yes. However, your U.S. citizen son or daughter will have to be at least 21 years old to be able to petition for you. Keep in mind that even if your son or daughter is eligible to petition for you, your specific circumstances will determine if you can obtain a green card and the process you qualify for.

Why do I have to wait many years for an immigrant visa to become available?

The Immigration and Nationality Act (INA) sets the number of visas available each year. Immigrant visas for immediate relatives of U.S. citizens – such as spouses, unmarried children under 21 years of age, and parents of U.S. citizens at least 21 years old – are unlimited and always available.

However, immigrant visas for family-sponsored individuals who are not immediate relatives are numerically limited. In addition, there are limits to the percentage of visas that can be allotted based on an immigrant’s country of chargeability.

When the demand is higher than the supply of visas for a given year, a waiting list or backlog is created. Once an I-130 Petition for Alien Relative is filed on your behalf, you will be given a priority date that will be used to determine when an immigrant visa is available to you.

My priority date was current last month, but not this month. What happened?

Often, a priority date will be the current one month but not the following month. This happens when more people apply for a visa in a family preference category than there are visas available for that month and the annual limit for a category or country has been exhausted or is expected to run out soon.

Where can I check to see if my priority date is current?

You may check the U.S. Department of State’s website to see if your priority date is current. Find the U.S. Department of State’s visa bulletin here.

Can my legal permanent resident relative petition for me?

Your legal permanent resident spouse or parent (if you are unmarried) may petition for you. However, your preference category will determine how long you will have to wait for an immigrant visa to become available. Once your preference category becomes current, you may apply for adjustment of status in the United States if you are in legal immigration status or if you are eligible for 245(i).

If you are outside the U.S., you will apply for an immigration visa at a U.S. embassy or consulate having jurisdiction over your case.

My U.S. citizen sibling petitioned for me many years ago and a visa is now available for me. Can my spouse and children apply for a green card with me?

Yes. Your spouse and minor unmarried children (under 21 years old) may apply for legal permanent resident status with you.

I attended my immigrant visa interview and the consular officer denied my case. What happened and what can I do?

There are a number of reasons why an applicant might be ineligible to obtain an immigrant visa. Some of the most common reasons for denials include criminal convictions and previous immigration violations.

Although not required, consular officers will often inform the applicant of the reason for the denial and whether or not a waiver is available for the applicant.

I was a legal permanent resident when I filed an I-130 family petition for a family member, but now I am a U.S. citizen, what should I do?

If you filed a petition for your spouse and/or minor children (under 21 years old) when you were a legal permanent resident, and you are now a U.S. citizen, you should upgrade the petition from family second preference to immediate relative. You can do this by sending proof of your U.S. citizenship, such as your U.S. passport or naturalization certificate, to the National Visa Center.

Keep in mind that immediate relative visas are unlimited, and your family member will not have to wait for a visa if you upgrade your I-130 petition.

Chicago’s Trusted Advocates For Family Immigration

We understand that family-based immigration processes can be extremely confusing and complex. We want to ease your burden by providing thorough representation and by maintaining close communication with you every step of the way.

Schedule a consultation to determine your eligibility in all family-based immigration matters. Call our office at 312-625-8382 or email us for personalized assistance.

Keep your family together by choosing Borjas Law Group, LLC., for reliable counsel.