Family Based Immigration

We Specialize in Family Based Immigration at Alliant Law Chicago! Call (708) 366-9900 for a Free Consultation.

Are you seeking to move your family to the U.S.? You may need help obtaining a family visa. This is where Alliant Law comes in. Our Chicago immigration attorney can guide you through the complex application process and ensure you put the strongest foot forward.

Family based immigration requires a special touch as we must always be sensitive to the needs of families who at times have been separated for years because of the convoluted immigration policies and quotas which restrict family reunification. We take special pride being able to reunite thousands of family members with their loved ones in the United States since the foundation of our firm.

It is important to understand that there are two different types of family visas are available for eligible sponsors. This includes immediate relative immigrant visas and family preference immigrant visas. Let our lawyer help you determine which option is most suitable for your family!

 Immediate Relative Immigrant Visas

These types of visas can only be applied for by U.S. citizens and are for those who are immediate relatives of the individual. This includes spouses, children, adopted children, and parents. There is no limit on the amount of immediate relative immigrant visas that may be issued, making this a viable option.

You may apply under one of the five visa categories:

  • IF-1: Spouse
  •  IF-2: Children who are unmarried and under 21
  • IF-3: Orphans who are adopted abroad
  • IF-4: Orphans adopted in the U.S.
  • IF-5: Parents

Family Preference Immigrant Visas

These visas can be applied for by both lawful permanent residents and U.S. citizens. The number of these visas are limited and no more visas will be provided after the maximum number has been reached.

There are four categories:

  • F1: Unmarried children of U.S. citizens and their minor children.
  • F2: Spouses, minor children, and unmarried children of lawful permanent residents.
  • F3: Married children of U.S. citizens, and their spouses and minor children.
  • F4: Siblings of U.S. citizens, and their spouses and minor children.

LGBT Family-Based Immigration

In June 2013, the Supreme Court struck down Section 3 of the Defense of Marriage Act (“DOMA”) as unconstitutional. DOMA defined marriage with regard to federal benefits as between one man and one woman. Now, bi-national, same-sex, married couples have the right to petition for the same immigration benefits offered to heterosexual couples. These benefits include family-based petitions, employment-based dependent petitions, non-immigrant visa petitions, and family-based waiver petitions.

The Immigration and Nationality Act looks to the jurisdiction in which the marriage occurred and, therefore, same-sex couples who married in a state that permits same-sex marriage, but now reside in a state that does not, are still eligible for immigration benefits.

Alliant Law is committed to standing up for the rights of all individuals and couples in immigration matters. To learn more about gay marriage and immigration issues, contact our Chicago-based law firm at  (708) 366-9900 for a free consultation.

LGBT Marriage Fraud

Marriage fraud or a denied visa petition based on the suspicion of marriage fraud has draconian consequences. Under Section 204(c) of the Immigration and Nationality Act, an I-130 immigrant petition found to be based on a fraudulent marriage will not only be denied, but no subsequent petition can ever be approved if (1) the immigrant has been accorded, or has sought to be accorded, immediate relative status as the spouse of a U.S. citizen or preference status as the spouse of a lawful permanent resident, by reason of a marriage determined to have been entered into for the purpose of evading immigration laws; or (2) the immigrant has attempted or conspired to enter into a marriage for the purpose of evading immigration laws.

Thus, even the mere suspicion of entering into a marriage solely for immigration benefits may trigger what is known as the “marriage fraud bar” of INA 204(c).

Our founder Daniel Conidi, Esq. has lectured on the topic of INA 204(c) as it pertains to gay couples who previously entered into heterosexual marriages. Some of these marriages involve denied visa petitions based on the suspicion of fraud. This is an evolving area of law and requires a well-prepared strategy to overcome the potential marriage fraud bar of INA 204(c).

Before filing your marriage-based visa petition, contact Alliant Law Chicago for a confidential free consultation regarding previous marriages which may prompt U.S. Citizenship and Immigration Services to suspect fraud.

FIANCEE BASED IMMIGRATION

 Eligibility for a Fiancée (K-1) Visa

 There are some eligibility requirements both you and your fiancée will have to meet:

  •  The sponsor must be a U.S. citizen.
  •  You must marry your fiancé within 90 days of his or her arrival in the United States.
  •  Both of you must be eligible to marry, meaning that any and all previous marriages have been terminated.
  •  The two of you must have met at least once within 2 years of beginning the visa process. There are two exceptions, if meeting would somehow violate long-standing customs or traditions or if meeting would cause undue stress and hardship for either party.
  • Your fiancée must meet certain immigrant visa requirements.

After marriage, the immigrant spouse must apply for adjustment of status to be a lawful permanent resident in order to stay in the United States.

“What About the Children of a Foreign Fiancée?”

 If your fiancée has children, they may apply for a K-2 visa. This will allow them to join their parent as they immigrate to the U.S. To begin the process, the U.S. Citizen sponsor must fill out the petition, Form I-129F, Petition for Alien Fiancée.

We personally guide families through each step of the process, and have expertise in the many issues which may arise, including issues with meeting the financial obligations of an Affidavit of Support, possible Stokes interviews where Immigration may challenge the legitimacy of a marriage, and the special treatment of individuals who have been married for less than two years (Conditional Residence). We always insist on meeting both the husband and wife in every case we take on, and we take extreme pride in our extraordinary record of success.