If you are a U.S. citizen or lawfully admitted permanent resident (green card holder), U.S. immigration allows you to petition the U.S. Citizenship and Immigration Services (USCIS) and have relatives obtain green cards based on your familial relationship. However, the process of obtaining a green card for a relative is complicated and can be frustrating, besides taking a long time to complete the process.
At Minsky, McCormick & Hallagan, we have immigration lawyers who work with clients in the 60601 area code to successfully obtain green cards for their relatives and are here ready to work with you as well.
U.S. immigration law is divided into many different categories under which noncitizens can migrate to the U.S. For family-based immigration, the law is divided into two broad categories, which are then subdivided into smaller subcategories. The two broad categories are “immediate relatives” and “preference immigrants” categories. Before someone applies for an immigrant visa, they must first determine under which category to apply.
You can apply for a green card as an immediate relative of a U.S. citizen if you satisfy the following eligibility requirements:
You are an immediate relative for immigration law purposes if you are:
To obtain a green card as an immediate relative, the U.S. citizen spouse will need to file an I-130 Petition for Alien Relative with USCIS. The petition can be concurrently filed with the relative’s green card application if certain conditions are met. If the petition is approved, USCIS will next process the green card application. If the noncitizen relative is in the United States, then they can apply for your green card under a process known as “adjustment of status.” Adjustment of status means if you are the beneficiary of an approved I-130 petition and you are in the U.S., you can complete your green card application process in the U.S. without being required to leave the country to do so.
If you are an immediate relative living outside the U.S., then you will apply under a process known as “consular processing.” This means your application for a green card will be processed with both USCIS and the State Department through a U.S. consulate in the country where you live.
If you are not an immediate family member, then you may qualify for a green card as a preference immigrant, which is comprised of the following relatives:
The legal team of Minsky, McCormick & Hallagan represent families in many types of immigration cases. If you are in the 60601 zip code and need a family immigration lawyer, contact us today to schedule a consultation to discuss your situation.