Family-Based

One of the most common ways for people to get a green card is through a family member. U.S. citizens and lawful permanent residents can help certain family members immigrate to the United States. This is a two-step process. First, the U.S. citizen or lawful permanent resident files a family visa petition. Second, the foreign national relative files an application to become a permanent resident. Each step involves different legal and factual issues.

As a national expert on these issues, the Immigrant Legal Resource Center (ILRC) provides ongoing trainings on the family-based immigration process, answers case-specific questions from practitioners, authors a comprehensive manual, Families & Immigration: A Practical Guide, and advocates locally and federally in support of immigrant families.

Latest in Family-Based

Immigration Benefits for Surviving Relatives

05/16/2019

This advisory covers three possible immigration remedies that beneficiaries might be able to pursue if a family member dies during the immigration process.

Fee Waiver Template Comment

05/06/2019

On April 5, 2019, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) published a proposed change to fee waiver eligibility and process. The April 5 notice announces USCIS’ intention to proceed with a plan, previously published on September 28, 2018 , to eliminate receipt of means-tested public benefits as a way to demonstrate inability to pay certain...

Totality of the Circumstances: Assessing the Public Charge Ground of Inadmissibility

05/03/2019

For the last twenty years, a “public charge” has been defined as a person “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.” This test has evolved during the 20th century and may be poised to change under the current administration. This...

Practice Alert: Upcoming Elimination of Means-Tested Benefits as Basis for Fee Waiver Requests

04/22/2019

On April 5, 2019, DHS announced it intends to proceed with proposed changes to the fee waiver process, most significantly by eliminating receipt of means-tested benefits as a basis for requesting a fee waiver. This practice alert provides a brief overview of some of the main changes practitioners can expect with the rule change. We do not know exactly when the revised Form I-912 and fee waiver...

Understanding Unlawful Presence Under § 212(a)(9)(B) and Unlawful Presence Waivers, I-601 and I-601A

03/28/2019

This advisory explains unlawful presence under INA § 212(a)(9)(B) and the differences between the I-601 and I-601A waivers of unlawful presence. It covers who needs a waiver of unlawful presence, what are the requirements for a waiver of unlawful presence, and which waiver process to use depending on the applicant’s circumstances.