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Family-Based Immigration

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Chicago Immigration Lawyers Bringing Families Together

Our Chicago Immigration Attorneys Can Help Unite Your Family

At Minsky, McCormick & Hallagan, P.C., we understand that family is what matters most. Our family-based immigration practice is dedicated to helping individuals navigate the often-complex process of reuniting with their loved ones in the United States. Whether you are a U.S. citizen or a lawful permanent resident, our experienced team is here to guide you in bringing your family together, every step of the way.

Who We Serve

If you are initiating the process, facing an unexpected setback, or somewhere in between, our firm can provide the professional guidance and support you need. We serve as the immigration ally for:

  • Families sponsoring a relative for a green card. We help you understand the requirements for sponsoring a spouse, parent, child, or sibling to establish a permanent life in the United States.
  • U.S. citizens and green card holders considering sponsorship. We explain the difference in visa availability and wait times for citizens and lawful permanent residents.
  • Couples concerned about marriage scrutiny. We help those with complicated profiles, such as language differences or limited documentation, present a strong, credible case.
  • Families deciding between adjustment of status and consular processing. We can provide strategic guidance on whether your relative can apply within the U.S. or must process their visa through a consulate abroad.
  • Families preparing the I-130 petition. From initial filing to proving a bona fide relationship, we make sure your petition is comprehensive and submitted correctly.
  • Families responding to an RFE or a denial. If USCIS requests more evidence or issues a denial, we provide the legal strategy to respond, refile, or appeal with confidence.

We can also develop thoughtful strategies for cases involving past overstays, entry problems, or prior removal orders to protect your options when immigration histories are complicated.

Our Services

Family Visa Petitions

Family-based immigration law covers immigration benefits for spouses, children, siblings, and parents of U.S. citizens or permanent residents. Immigrant visas are available for individuals considered “immediate relatives” or “family-preference” relatives of U.S. citizens or lawful permanent residents. There is no limit to the number of “immediate relative” visas that are issued every year.

Immediate relatives include:

  • The spouse of a U.S. citizen
  • An unmarried child of a U.S. citizen who is under the age of 21 years old
  • Adopted children of U.S. citizens who were adopted before the age of 16
  • Parents of a U.S. citizen, when the U.S. citizen is older than 21 years old

Family-preference immigrants do face numerical limits, meaning only a certain number of visas are available each fiscal year. The family-preference immigrant categories include, in order of preference:

  • Unmarried sons and daughters of U.S. citizens and their minor children.
  • Spouses, minor children, and unmarried sons and daughters 21 years and older of legal permanent residents. At least 75 percent goes to spouses and children. The rest goes to unmarried sons and daughters of legal permanent residents.
  • Married sons and daughters of U.S. citizens and their spouses and children.
  • Brothers and sisters of U.S. citizens, and their spouses and minor children, if the U.S. citizens are at least 21 years old.
Waivers and Appeals

If you encounter challenges during the immigration process, our attorneys can assist with:

  • Waivers: Overcoming inadmissibility issues (health, crimes, smuggling, fraud, etc.).
  • Appeals: Navigating the appeals process for denied petitions or applications.
Adjustment of Status & Consular Process Support

We provide comprehensive services for adjusting immigration status, including:

  • Adjustment of Status: For eligible family members already in the U.S.
  • Consular Processing: For family members outside the U.S. seeking to immigrate.

Why Choose Us?

  • Professional Guidance: Our attorneys are well-versed in immigration law and stay updated on the latest regulations.
  • Personalized Service: We take the time to understand your unique situation and provide tailored solutions.
  • Compassionate Support: We know that family immigration can be emotionally taxing, and we are here to support you throughout the process.

Call Our Chicago Family Immigration Attorneys for Help Reuniting Your Family

Minsky, McCormick & Hallagan, P.C. has been uniting families since 1975 through our knowledge of and experience with immigration law—the sole focus of our attorneys. We are ready to strategize with you to find the right solutions to your problems. Call us at (312) 427-6163 or contact us online today. Our office is located in downtown Chicago.

 

FAQS about Family-Based Immigration in Illinois

How long does it take to process a family-based visa?

Processing times vary depending on the relationship, visa category, and country of origin. Immediate relatives typically have shorter wait times than family-preference categories.

Can siblings be sponsored for a green card?

Yes, U.S. citizens who are at least 21 years old can sponsor their siblings under the family-preference category, though the wait time can be lengthy.

What are the income requirements for family sponsorship?

The Affidavit of Support is a legal document where the sponsor agrees to support the immigrant financially to ensure they do not become a public charge in the U.S. Sponsors must meet minimum income requirements (125% of the federal poverty level) to file the affidavit and show they can financially support their family member.

What happens if my family-based visa is denied?

If your visa application is denied, you may be able to file an appeal, motion to reopen, or reapply with additional evidence, depending on the reason for denial.

Can I sponsor my fiancé for immigration?

Yes, U.S. citizens can file a K-1 fiancé visa petition to bring their fiancé to the U.S. for marriage. They must marry within 90 days of arrival.

What documents are needed for a family-based visa application?

Common required documents include proof of the family relationship (e.g., birth or marriage certificates), financial support documents, passport photos, and government forms like the I-130 and I-485.

How do family-based immigrants apply for U.S. citizenship?

Family-based green card holders may apply for naturalization after meeting residency requirements (typically 3–5 years) and other eligibility criteria.

Do I need an attorney for family-based immigration?

While not required, it is highly recommended to enlist the help of an immigration attorney for family-based immigration. We can help ensure all necessary documents are submitted and guide you through the process to increase your chances of success.

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