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Family-Based Visas

Chicago Lawyer Handling Family-Based Immigration

Family-based immigration provides an opportunity for U.S. immigration for family members of legal U.S. residents and citizens of the United States. If you have a qualifying spouse, child, parent or sibling who is willing to petition for you, this visa category allows you to seek permanent residency in the United States.

Attorney Scott M. Beller Over the past 25 years has helped many hundreds of families reach their goal of obtaining their green cards and immigrating to the United States. From my law office in Chicago, His Law Practice Areas Specialize in family based immigration petitions throughout Illinois.

Preference Categories For Family-Based Immigration

To immigrate as a relative of a legal permanent resident or citizen of the United States, you must obtain an immigrant visa number based on the preference category that applies to you. There are a limited number of family-based immigrant visas issued each year that are allocated among various countries and visa categories, or "preferences." These categories include:

  • Immediate relative (spouse, child under 21, or parent) of U.S. citizen
  • First preference: unmarried sons and daughters (over 21) of U.S. citizens
  • Second preference: spouses and children and unmarried sons and daughters (over 21) of permanent residents
  • Third preference married sons and daughters of citizens
  • Fourth preference: brothers and sisters of adult citizens

There are often waiting lists for visas, the length depending on the category and the country, and how many other applicants are waiting for visas. The current waiting list can be found in the Visa Bulletin that is published each month by the Department of State.

Sometimes a petition may be filed in one category, but changed to another, as when the petitioner is a permanent resident when the case is filed, but then becomes a U.S. citizen. Or a beneficiary may appear to have "aged out" of a category by turning 21, but may be able to use the Child Status Protection Act to "lock in" his or her age as a "child" and obtain a visa even after age 21.

As your immigration attorney, Scott M. Beller will guide you through the process and give you a realistic understanding of how long the immigration process will take and your chances of success.

U.S. Citizen Fiance(e):

Fiance(e) of U.S. citizen can obtain a K-1 visa to immigrate to the United States.

The U.S. Citizen must file a petition seeking to bring the fiance(e) to the U.S., on a K-1 Visa

K-1 Visa is valid for 90 days. Only if the petitioner marries the fiance(e) within this 90 day period, can the petitioner (now spouse of a U.S. citizen) apply to become a legal permanent resident of the U.S.