How Can I Help My Family Immigrate to the U.S.?

 Posted on December 28, 2020 in Immigration

Immigrating to the U.S. and achieving lawful permanent resident status or citizenship is a significant accomplishment, but if you have family members who still live outside of the U.S., it may be important for you to help them legally immigrate as well so that you can be together. U.S. Citizenship and Immigration Services (USCIS) has a process that makes family immigration possible, and an attorney can help you navigate this process so that you can reunite with your loved ones.

Which Family Members Have Immigration Priority?

The process of petitioning for lawful permanent residency is easier for some family members than others. If you are a born or naturalized U.S. citizen, you can petition for immediate family members without them having to join a waiting list. This includes your spouse, your children who are unmarried and under the age of 21, and your parents. You can also petition for your unmarried adult children, married children, and siblings, but keep in mind that visas for these categories are limited and there may be a significant waiting period before the application is approved. Additionally, you can petition for a K-1 visa for your fiancé or fiancée, which may lead to lawful permanent residency after you get married.

You can also petition for your family’s immigration if you are a lawful permanent resident, but in this case, qualifying relatives are limited to your spouse and your unmarried children. Visas for these family members are also limited, and they are processed at a lower priority than some family members of citizens.

What Do I Need to Do?

In order to petition for a Green Card for a family member, you will need to submit several forms and supporting information to USCIS. This includes:

• Form I-130, Petition for Alien Relative. This includes information confirming your relationship with the person for whom you are petitioning. If you are petitioning for a fiance visa, you will instead need to submit form I-129.
• Form I-485, Application to Register Permanent Residence. This includes information confirming your family member’s eligibility to become a lawful permanent resident, including their immigration history, criminal history, and marital history.
• Form I-864, Affidavit of Support. This confirms that you will take financial responsibility for your relative after they are admitted, and that they will not need to rely on government support.

Contact an Illinois Immigration Attorney

At the Mevorah & Giglio Law Offices, we will help you take the necessary steps to begin the process of obtaining lawful permanent resident status for your family, and we can guide you through obstacles that you may encounter in the approval process. Contact an Illinois family immigration lawyer at 630-932-9100 for a free initial consultation.