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In Need of a Family Based Immigration Lawyer in Naperville & Schaumburg, IL?

At Kasturi Law, LLC, our Naperville and Schaumburg family based immigration lawyer and law firm founder, Shobhana Kasturi, is a proud first-generation immigrant who practices immigration law to give a voice to those who need it most.

With more than 27 years of experience practicing law, our law firm only focuses on immigration because we know how important it was for us and our families and to our clients. This is about your life, livelihood, and happiness; we want to help you achieve it all.

From our primary office in the Chicago metropolitan area, our immigration law firm assists individuals and families in DuPage, Cook, and Will Counties, throughout Illinois, and neighboring states to understand the federal process of family based immigration to help ease their journeys.

If you or someone you love is seeking family based immigration status, contact our skilled attorney in Schaumburg for help today. 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.

Family-based immigration depends on your status in the US. If you are a US citizen and a lawful Permanent Resident green card holder, you may be able to petition for your current or future family member to immigrate to the United States. For example, a US citizen may petition to secure a green card, fiancée visa, or spousal visa based on the family relationship. A US citizen may also petition for unmarried children under 21, married sons or daughters over 21, parents as long as the citizen is over 21, and siblings as long as the citizen is over 21.

Family Based Immigration Law

What is Family Based Immigration?

Family-based immigration refers to the process by which foreign nationals can immigrate to the United States based on their family relationships with U.S. citizens or lawful permanent residents (green card holders).

This category allows family members to sponsor and petition for their relatives to obtain lawful permanent resident status and is a significant component of the overall U.S. immigration system.

Key points about family-based immigration include:

  • Sponsorship by U.S. Citizens and Permanent Residents

U.S. citizens and lawful permanent residents can sponsor certain family members for immigration. U.S. citizens can support a broader range of relatives compared to permanent residents.

  • Preference Categories

Family-based immigration is divided into preference categories based on the type of family relationship.

These preference categories determine the priority for visa allocation. The categories include:

  • First Preference (F1): Unmarried adult sons and daughters of U.S. citizens.
  • Second Preference (F2):
  • F2A: Spouses and unmarried children (under 21) of green card holders.
  • F2B: Unmarried adult sons and daughters of green card holders.
  • Third Preference (F3): Married sons and daughters of U.S. citizens.
  • Fourth Preference (F4): Brothers and sisters of U.S. citizens.

Each family preference category has a limited number of visas available annually. This leads to waiting periods for specific categories, especially in high-demand cases.

  • Affidavit of Support

The sponsoring family member is typically required to submit an Affidavit of Support (Form I-864), demonstrating the ability to financially support the intending immigrant and prevent them from becoming a public charge.

  • Consular Processing or Adjustment of Status

Once a visa becomes available, the intending immigrant can undergo consular processing at a U.S. embassy or consulate abroad or adjust their status to permanent residency within the U.S., depending on their circumstances.

  • Conditional Residency for Spouses

Spouses of U.S. citizens and permanent residents may initially receive conditional permanent residency, which requires submitting a joint petition to remove the conditions within a specified period.

  • Immediate Relatives of U.S. Citizens

Certain close relatives of U.S. citizens, including spouses, unmarried children under 21, and parents (if the petitioner is at least 21 years old), are considered immediate relatives. Immediate relatives are not subject to preference category quotas and can generally obtain visas more quickly.

Family-based immigration provides a means for families to reunite and for individuals to join their U.S. citizens or permanent resident relatives in the United States. The specific eligibility criteria, application processes, and waiting times can vary depending on the family relationship and the preference category.

We can help you determine your eligibility and the sponsorship requirements necessary to reunite with your family in the U.S. Contact our skilled family based immigration attorney in Naperville today to discuss your needs so we can help you get started without delay.

What Steps Do I Need To Take To Sponsor My Wife And Minor Children for Family Based Immigration to the United States?

If you are a U.S. citizen and want to sponsor your wife and minor children for a green card, the first step is to file an I-130 to establish your relationship.

Since spouses and unmarried children under 21 are considered immediate relatives, if a close relative is legally admitted to the U.S., the person can also file the I-485 (adjustment of status to secure their green card).

If your relatives are outside the U.S., they will go through consular processing at a U.S. embassy or consulate. If your relatives are already in the U.S., they may be eligible to adjust their status to permanent residency.

You do not have to pursue family based immigration on your own. We can help you determine the sponsorship requirements necessary to reunite with your family in the U.S., just as our attorney did when sponsoring her husband’s immigration to the U.S.

We have been exactly where you are and know how important this process is to you and your family. Allow us to help get you there with fewer obstacles.

Contact our skilled family based immigration attorney in Schaumburg today to discuss your needs so we can help you get started without delay.

How Can Kasturi Law, LLC Assist with Your Family Based Immigration Needs?

As a first-generation immigrant, Shobhana Kasturi has been through the process of consular processing and understands the family-based immigration process firsthand. Whether you want to keep your family together or reunite your family, our law firm will assist you during the entire journey by listening to you, advocating for you, being upfront with you, being responsive, and demonstrating resilient dedication to your successful transition.

That includes:

  • Assist with filing an immigrant petition for your immediate relative spouse/parent/child.
  • Assist with filing for Adjustment of status to Lawful Permanent Status(green card).
  • Assist with filing for an Immigrant visa or consular processing for Lawful Permanent Status(green card).
  • Assist with removing conditions on your conditional green card.
  • Assist with filing for a K-1 fiancé/fiancée visa and subsequent adjustment of status to Lawful Permanent Status (green card).

If you have additional questions about how our Naperville family-based immigration attorney can help, contact our Illinois immigration law firm today to discuss your needs so we can help you get started without delay.

Can I Sponsor Family Members for Green Cards If I Am a Lawful Permanent Resident?

As a permanent resident, you may sponsor your spouse, unmarried children (under 21), and unmarried adult children. However, it is important to note that lawful permanent residents cannot sponsor parents, married children, or siblings for green cards. Those categories are available only to U.S. citizens.

The petition beneficiaries of a green card holder must wait for a visa to become available. The wait can vary from months to years, depending on their preference category and the country of citizenship.

Our immigration attorneys also focus on the following areas:

Contact Our Naperville Family-Based Immigration Attorney Today

At Kasturi Law, LLC, our Naperville family based immigration attorney is personally committed to being a trustworthy legal partner for each of our clients and will be here, standing by your side, throughout the immigration process. Here, you are not a case; you are a human being, part of a beloved family that needs our help, and we have dedicated our lives to ensuring you get it.

Contact our Schaumburg family based immigration lawyer today at 630-392-8101 to discuss your and your family’s eligibility to begin the process.

We believe in you, your immigration journey, and your success.

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FREQUENTLY ASKED QUESTIONS

Family Based Immigration Questions

I want to sponsor my wife and minor children. What steps do I need to take?

If you are US citizen and want to sponsor your wife and minor children for a green card, the first step is to file an I-130 to establish your relationship. Since one’s spouse and unmarried children under 21 are considered immediate relatives, one can also file the I-485 (adjustment of status to secure their green card). Immediate relatives include spouses, unmarried children under 21, and parents of US citizens 21 or older. For immediate relatives, there is no wait for a visa. If they are already in the lawfully country, then they may be able to adjust status (or apply to get their green card) within the United States. If they are not in the US, then they will need to go through consular processing.

What is adjustment of status?

Adjustment of status allows one to register permanent resident status via filing the I485 form while being physically in the United States. The beneficiary of the petition will need to attend an interview (in cases where a USC spouse petitions for his/her spouse, the USC will also need to attend the interview) with USCIS. The timing of the process varies from cases to case but on the average may take 6-9 months (or more in some cases). At Kasturi Law, LLC, Attorney Shobhana Kasturi attends all interviews associated with adjustment of status cases.

What is Consular Processing?

It is the process by which a consular interview for the immigrant visa is scheduled in the home country of the beneficiary (the relative you are petitioning for). The first step here is still to file an I-130 petition. Once approved, the petitioner and beneficiary have to provide documentation to NVC (National Visa Center). Once the documents have been reviewed by NVC, they contact the local US consulate. The local US consulate then works to schedule an interview for the relative you have petitioned for. There is a lot of documentation that is required for adjustment of status and or consular processing.

What if I want to sponsor other members of my family?

As a US citizen, one may be able to sponsor other family members for a green card (permanent residency). There is a preference system set for family members who are not immediate relatives. The preferences are as such:

  1. First preference: Unmarried, adult sons and daughters of U.S. citizens
  2. Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of green card holders (Legal Permanent Residents)
  3. Second Preference (2B): Unmarried adult sons and daughters of green card holders (Legal Permanent Residents)
  4. Third Preference: Married sons and daughters (age not relevant) of U.S. citizens
  5. Fourth Preference: Brothers and sisters of adult U.S. citizens

In such cases one would file a I-130 and upon approval of the I-130 wait for a visa to be allotted. The visa availability is based on the date the I-130 was filed. (otherwise know as the priority date) For more information on Visa availability, please refer to the “visa bulletin” page on the U.S. Department of State website. The preference category will be the basis by which one can determine the wait for an immigrant visa number.

I am a Green Card holder a permanent resident. May I sponsor family members for a Green Card?

Yes, as a permanent resident you may sponsor your spouse, unmarried children (under 21), and unmarried adult children. However, the beneficiary of a petition from a green card holder has to wait for a visa to become available. The wait can vary from months to years depending on their preference category and which country they are citizens of.

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