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IL 60540

Call Us Today

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

Our Naperville immigration and nationality law attorney at Kasturi Law, LLC provides individuals with real-time legal solutions for family-based immigration — even under some of the most complex circumstances.

Family-based immigration, also known as family reunification, allows U.S. citizens and lawful permanent residents (Green Card holders) to sponsor certain family members for immigration to the United States.

Here, our Illinois immigration attorney discusses the procedures for family-based immigration cases and how our Chicago-area law firm can help.

Family-Based Immigration

What Are the Procedures for Family-Based Immigration Cases in the U.S.?

It is important to note that the procedures and requirements for family-based immigration cases may vary depending on factors such as the relationship between the petitioner and the intending immigrant, the intending immigrant’s country of origin, and the specific circumstances of the case. Additionally, certain family-based immigration categories may have waiting periods or visa number limitations, which can affect processing times.

In general, the family-based immigration and reunification process unfolds as follows:

  • Determine Eligibility

The sponsoring relative (the petitioner) must determine if they can sponsor a family member for immigration based on their relationship. U.S. citizens can sponsor spouses, parents, children (both unmarried and married), and siblings, while green card holders can sponsor spouses, unmarried children, and in some cases, married children.

  • File Form I-130, Petition for Alien Relative

The petitioner must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS) along with supporting documents. This form establishes the relationship between the petitioner and the intending immigrant (the beneficiary) and initiates the family-based immigration process.

  • Wait for Approval

After USCIS receives the Form I-130, it will review the petition and supporting documents. If the petition is approved, USCIS will send the petitioner a Notice of Approval (Form I-797) and forward it to the National Visa Center (NVC) for further processing.

  • Submit Affidavit of Support and Documentation

The petitioner must submit an Affidavit of Support (Form I-864) and supporting financial documents to demonstrate their ability to financially support the intending immigrant(s) in the United States.

  • Pay Fees

Depending on the visa category, the petitioner (or the intending immigrant) must pay the NVC the necessary processing fees.

  • Submit Visa Application

The intending immigrant(s) must complete and submit the appropriate visa application forms and supporting documents to the NVC. This includes forms DS-260 (Immigrant Visa Application) and any required civil documents, such as birth certificates, marriage certificates, and police certificates.

  • Attend Interview

Once the visa application is processed, the intending immigrant(s) will be scheduled for an interview at the U.S. embassy or consulate in their home country. The purpose of the interview is to determine the eligibility of the intending immigrant(s) for a visa to enter the United States.

  • Receive Visa

If the interview is successful and the visa is approved, the intending immigrant(s) will receive their immigrant visa to travel to the United States.

  • Enter the United States

Upon arrival, the intending immigrant(s) will undergo an immigration inspection at a port of entry. They will receive their lawful permanent resident status (green card) if admitted.

Contact Our Immigration Attorney Today For Consultation

If you face challenges during the family-based immigration process, contact us today to learn how our Illinois immigration attorney can assist you. We provide in-office, phone, and Zoom consultations to help you understand your legal rights and options so you can make informed decisions about your immigration journey and navigate the family-based immigration process effectively.