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IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Beyond the Basics: Complex Green Card Issues for Mixed-Status Families in Illinois

Navigating the U.S. immigration system is challenging enough on its own, but for mixed-status families, the process often becomes far more complex. In Illinois, where many families consist of a mix of U.S. citizens, permanent residents, undocumented individuals, or those on temporary visas, pursuing lawful permanent residence (a green card) requires strategic legal guidance and careful planning.

At Kasturi Law, we help families understand and overcome their unique green card challenges, even when the situation goes far beyond the basics.

family white sheet diagram with written text for Green card for Mixed-Status Families in Illinois

What Is a Mixed-Status Family?

A mixed-status family is one in which different members have different immigration statuses.

For example:

  • A U.S. citizen spouse and an undocumented spouse.
  • A green card holder parent and a child with DACA or no legal status.
  • Children born in the U.S. to undocumented parents.
  • A temporary visa holder married to someone out of status.

While U.S. immigration law allows for family-based petitions, complications like unlawful presence bars, prior removals, or expired visas often block the road to lawful status. That’s where experienced legal advocacy becomes crucial.

Common Green Card Challenges for Mixed-Status Families

Mixed-status families in Illinois often face specific issues when applying for green cards.

These may include:

  • Unlawful Presence and Entry Without Inspection

Spouses or parents who entered the U.S. without inspection (EWI) cannot adjust status from within the U.S. without a waiver or consular processing—both carry risks, including the possibility of being barred from reentry for 3 or 10 years.

  • Bars to Adjustment Due to Prior Immigration Violations

If a family member overstayed a visa, worked without authorization, or has a removal order, they may be barred from adjusting status. These issues must be resolved first, even if they are otherwise eligible for a green card.

Individuals must apply for a waiver based on extreme hardship to a qualifying U.S. citizen or green card holder relative to overcome specific inadmissibility issues. Proving hardship is not easy and often requires a legal and evidentiary strategy.

  • DACA Recipients Seeking Permanent Residency

While DACA does not provide a pathway to a green card, recipients who marry U.S. citizens or are sponsored by a family member may be eligible to adjust status, especially if they’ve traveled on advance parole.

  • Risk of Separation During Consular Processing

When consular processing is required, leaving the U.S. can trigger a bar to reentry. Without the proper waiver or legal planning, families may be separated for months—or even permanently.

Legal Guidance Makes All the Difference

At Kasturi Law, LLC,  we understand that immigration is not just about paperwork—it’s about people, families, and futures. Our Illinois immigration attorney provides customized solutions for families with complicated green card issues. We work to minimize risk, prevent separation, and ensure the strongest possible legal arguments for every application.

Facing a Complex Green Card Case? Contact Kasturi Law.

If you’re part of a mixed-status family in Illinois and aren’t sure how to move forward with a green card application, you don’t have to navigate it alone. We’re here to help.

Call Kasturi Law today for a confidential consultation and get the experienced legal guidance your family deserves. We offer flexible consultation options to fit your needs—meet with us in person, by phone, or via Zoom. You can also book your appointment through our online calendar and select a 30-minute or 60-minute session, whichever works best for you.