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Mevorah Law Offices LLC
DuPage County Attorneys


900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100


134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761


333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600


58 N. Chicago Street, Suite 500, Joliet, IL 60432

Phone: 815-727-4500


105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100
Subscribe to this list via RSS Blog posts tagged in family-based immigration

Posted on in Immigration

family based immigration, Chicago immigration lawyers, current immigration law, permanent residence, green card holderWith false and misinformed claims regarding family immigration in the news on a seemingly constant basis in recent weeks and months, it is imperative that accurate information find its way to the forefront of the discussion. With malicious claims of “chain migration” being commonplace, it matters that everyone who needs true information about family migration be able to access it. 

MYTH: If you are a naturalized U.S. citizen, you can sponsor any member of your family to immigrate.

TRUTH: This is false. Family-based immigration is restricted in that a naturalized citizen may only sponsor his or her spouse, children, and if he or she is over age 21, his or her siblings and parents. However, the mere ability to sponsor someone does not mean that your family member’s path to legal status in the U.S. will be somehow faster than anyone else’s; it conveys no real advantage, given that every documented immigrant must go through the same process. Also, a sponsor does not mean that a person’s application will be vetted any less stringently than someone’s application for asylum or an employment-based application for status, despite more misleading and inaccurate claims being perpetuated by media and government officials.

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Posted on in Immigration

Chicago immigration lawyers, Illinois immigration, immigration policy, F Visa, current immigration law, family-based immigrationAfter the December 11 attack in New York City that was perpetrated by a Bangladeshi immigrant, the president and current administration have gone on the offensive, arguing loudly about the evils of what is being called “chain migration.” They allege that chain migration, also called ‘extended chain migration,’ is a lax policy that permits too many immigrants into the U.S. without proper vetting.

While numerous experts have debunked such claims as manifestly paranoid, it is important to understand the legal arguments surrounding this issue, especially since the authority of the Oval Office may be turned arbitrarily on this aspect of U.S. immigration policy if nothing changes.

A Long and Complex Path

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Deferred Action for Childhood Arrivals: After US v. TexasIn June 2016, the Supreme Court, still with only eight justices after the passing of Justice Antonin Scalia, issued a per curiam opinion affirming the ruling in U.S. v. Texas, which contested President Obama’s ambitious immigration plans. A per curiam opinion is an opinion issued in the name of the court, rather than any individual justice, and it effectively halts any expansion of Deferred Action for Child Arrivals (DACA) for the foreseeable future. Naturally, many are wondering what their options are after this ruling.

The Basis for Challenge

President Obama’s proposed program, referred to as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) or DACA+, would have conferred deferred action status on approximately five million undocumented immigrants if they met certain requirements, such as maintaining good moral character and having significant ties to the United States. Deferred action is defined as a choice to hold off on removing an individual, and it is essentially an accepted form of prosecutorial discretion.

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Exceptional & Extremely Unusual HardshipIf you or someone you love winds up in immigration removal proceedings, there are only a few select ways where it might be possible to avoid that eventuality. One of those is called cancellation of removal. However, unless you are a lawful permanent resident (LPR, or a holder of a ‘green card’), cancellation can be extremely difficult to win. You must be able to prove that your removal would pose an ‘exceptional and extremely unusual hardship,’ which is an extremely high standard to meet.

How Will Your Removal Affect U.S. Citizen Family?

To be blunt, United States Citizenship & Immigration Services (USCIS) cares very little about the inconvenience to an undocumented or non-LPR immigrant. What is more relevant is the potential difficulty to any U.S. citizen family members you may have. For LPRs, the standard is to show that your removal would cause ‘extreme’ hardship to a U.S. citizen spouse or children. For non-LPRs, the standard is raised to “exceptional and extremely unusual.”

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Posted on in Immigration

Chicago immigration attorneys, employment-based immigration, family-based immigration, family-based petitions, Mevorah Law Offices LLC, visa, visa quotas, visasThe word ‘quota’ has an ugly past, especially in the context of visas. In years past it was used as a bludgeon with which to deny safety to people in need. Today, there are more exceptions and protections for those truly in need, while visa quotas are reserved for those not in immediate danger. Still, there is a lot of misinformation about how the yearly caps work. If you are planning to apply for certain categories of visas, you must understand how the quota works lest you inadvertently disqualify yourself.

Family-Based Immigration

There are two classifications for visas available to those attempting to immigrate via a family-based petition. The first is for immediate relatives of U.S. citizens such as parents, children and spouses. There is no quota limit in force in this category. The second is for what are called preference categories—non-immediate relatives or people who are the wrong age to apply themselves (such as the child of a non-immigrant visa holder who is in the process of adjusting status).

For the second classification, the Immigration and Nationality Act (INA) allows 226,000 family-based visas to be granted per year. However, it is important to note that this is a minimum, not a maximum. The statutory wording refers to “at least” that amount being issued. The number actually issued each year varies. It is arrived at by subtracting the number of immediate relative visas and paroled immigrants from 480,000, and adding the number of unused employment preference visas.

Congress attempts to seek balance in nationality and also relationship to ensure that not too many of one category are permitted entry in any one year. Per-country ceilings are established under the INA that mandate that any given country may not exceed 7 percent of the number of permanent immigrants in a given year. This is not to restrict solely for restriction’s sake, but to ensure that no country dominates the number of visas granted each year. Such a thing would become a fairness issue.

There are four categories of preference for family-based petitions. They are:

    • F-1: Unmarried children of U.S. citizens (and their dependents);

    • F-2: Spouses and unmarried children of green card holders;

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