Marriage & Family Based Petitions

When it comes to matters of immigration, the attorneys at Parikh Law Group, LLC all have a common goal — helping families achieve their dream of coming to the U.S. and ensuring those families are able to stay together. Whether this is accomplished through work, asylum, or marriage, we fight tirelessly to protect the rights and wellbeing of our immigrant clients, each and every day.

We understand firsthand how challenging the immigration system can be, especially since many of us at Parikh Law Group, LLC come from immigrant families. Our seasoned attorneys will help you with your family-based petition or marriage based adjustment of status, and position you for the most favorable outcome possible. This includes assisting you and your family with any excludability waivers that become necessary during the process. Knowing how stressful immigration matters typically are, our compassionate, dedicated lawyers will remain by your side throughout the entire process.

Can I Sponsor My Family Member?

U.S. citizens can petition and sponsor immediate relatives, which includes their spouse, fiancé, unmarried children under 21, and parents. As petitions for immediate relatives do not have an annual limit, they will be adjudicated as received. Other family members may also be sponsored, but petitions for non-immediate relatives will be subject to yearly limits.

If you are a permanent resident of the U.S., but not a citizen, you can still petition and sponsor your spouse and children, but those petitions will be subject to yearly limits. There are far more green card applications based on marriage to permanent residents than citizens. As a result, demand can be quite high. In either case, it is in your best interest to consult with an experienced Chicago immigration attorney if you wish to petition or sponsor a family member.

Marriage-Based Green Card Process

The requirements for beneficiaries depend largely on whether they are adjusting status from inside the U.S. or obtaining an immigrant visa from outside the U.S. through consular processing. Fiancé petitions must be done through consular processing.

Step one is for the petitioning spouse to file Form I-130, Petition for Alien Relative, with USCIS. This is the same for all marriage-based beneficiaries, whether they are inside or outside the U.S.

Once the I-130 has been approved, the steps are based on whether the beneficiary is adjusting status or going through consular processing. If adjusting status from within the U.S., the beneficiary will file Form I-485, Petition to Adjust Status.

If the beneficiary is outside the U.S., their approved I-130 will be sent to the National Visa Center (NVC), after which the agency will notify the beneficiary spouse to complete Form DS-261, Choice of Agent. If, however, you are already working with an immigration attorney, you will not be asked to complete this form. The beneficiary will then go through processing at a U.S. consulate in their home country.

Proving That Your Marriage is Legitimate

Marriage-based petitions and sponsorship are typically regarded as the easiest way to obtain permanent residency and citizenship in the U.S. However, it is absolutely critical to fill out the application completely and accurately, and to have as much supporting documentation as possible. Even legally valid marriages are sometimes disregarded as shams, entered into for the sole purpose of obtaining immigration benefits. Immigration officials will scrutinize applications to ensure that a marriage is legitimate and that the application submitted was truthful, so the more evidence you can provide to support your case, the better. A skilled immigration lawyer can help you prepare your application and supporting documentation to obtain the best possible outcome.

Contact Parikh Law Group, LLC today

The fear of being separated from loved ones can negatively impact our physical and emotional health. Don’t suffer from unnecessary delays and expenses by undergoing immigration matters without experienced legal counsel. Our Chicago immigration attorneys will help solve any immigration-related legal issue you are facing, whether that’s bringing a family member to the U.S. to join you or helping a loved one remain here legally after entering. Contact Parikh Law Group, LLC today for a confidential consultation about your case.