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630-932-9100
Free Initial Consultation | Se habla español 630-932-9100
Mevorah Law Offices LLC
630-932-9100
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

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

Phone: 630-443-0600

CHICAGO

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

Phone: 630-932-9100

NAPERVILLE

1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000
Subscribe to this list via RSS Blog posts tagged in family-based immigration

IL immigration lawyerDo you have family members in another country who would like to immigrate to the US? If you are a US citizen and own a business, you should consider the possibility of sponsoring your relatives for an employment-based immigration visa. The wait times can be much shorter for employment-based (EB) visas than for family preference (F) visas, and you can sponsor more distant relatives for an EB visa than you can for an F visa.

Limitations on Family-Based Immigration Visas

There are no annual quotas for immediate relative (IR) visas, but these are only available to a U.S. citizen’s spouse, parent, or unmarried child under age 21. There are quotas, and often substantial waiting lines, for family preference (F) visas, which are available for adult children and siblings. The wait times for family preference visas can be five, 10, or even 15 years, no matter what country your relatives are coming from. And you cannot sponsor a cousin, nephew, or aunt for a family-based immigration visa at all.

Younger Relatives Can Most Easily Get Student Visas

If your relative is of college age, consider having them first come to the U.S. on an F-1 visa, which will enable them to stay in the U.S. until they finish their degree. Students in the STEM fields of science, technology, engineering, and math can then stay in the US and work for an additional year under the Optional Practical Training (OPT) program and extend for an additional two years under the STEM OPT program.

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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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