Two people holding hands.

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 Resources

Practice Advisory
Resources
Publication Date
03/14/2023
This practice alert provides an overview of USCIS’s new policy on TPS travel, including a new travel document specific to TPS holders that replaces advance parole, rescission of Matter of Z-R-Z-C-, and clarification of the legal effect of TPS-authorized travel, especially for adjustment of status.
Public Comments / Sign-on Letters
Resources
Publication Date
03/08/2023
On March 8, ILRC provided comments on the USCIS proposed fee rule. In the comment, ILRC commended agency actions codifying fee exemptions. Additionally, ILRC requested that USCIS codify fee waiver eligibility standards and raise the income threshold for fee waivers. We also requested that fee increases be reduced for applications for lawful permanent residence, work authorization and family petitions, among others. Finally, the comment provides requested changes to various USCIS forms that are open for comment in conjunction with the proposed fee rule.
Practice Advisory
Resources
Publication Date
01/05/2023
Federal Rulemaking is one of the most direct ways that the public can participate and shape policies and practices of executive agencies. Federal regulations govern the executive agencies charged with enforcing the United States’ immigration laws and granting immigration benefits to eligible applicants. However, the process of Federal Rulemaking is often misunderstood and public participation in the process is under-utilized. This practice advisory provides an overview of the federal regulatory and rulemaking process as well as the authorities that govern this process as well as a guide to commenting on proposed rules and practical tips for navigating the resources available to the public.
Practice Advisory
Resources
Publication Date
11/03/2022
This alert describes recent changes to the naturalization disability waiver. On October 19, 2022, USCIS announced major revisions to the Form N-648, which is used by naturalization applicants who seek a waiver of the English and/or civics requirement based on a disability or impairment that causes the applicant to be unable to learn or demonstrate knowledge of English and/or civics. USCIS also published major changes to the accompanying USCIS Policy Manual guidance.
Practice Advisory
Resources
Publication Date
09/29/2022
Consular processing is one of ways an individual can obtain lawful permanent residence. This process is often confusing and daunting to individuals who do not regularly work on these types of cases since the process is completed with a U.S. consulate abroad and involves interaction with several government agencies. This practice advisory provides an overview of the steps involved in a consular processing case and some considerations to keep in mind.
Public Comments / Sign-on Letters
Resources
Publication Date
09/13/2022
EOIR recently published proposed changes to the forms used to apply for DOJ recognition and accreditation. ILRC submitted comments objecting to the changes, which add new and burdensome requirements for applicants. The information requested and the new documentary requirements  exceed the  requirements in the regulations.
Public Comments / Sign-on Letters
Resources
Publication Date
09/07/2022
ILRC commended USCIS on its recent extension of COVID flexibility policies through October 23, 2022. In addition, we suggested some new COVID-related policies to ameliorate the impact of the pandemic, including longer extensions of time to respond to notices and decisions, adoption of a mailbox rule for filing deadlines, and allowing waivers to proceed despite death of a qualifying relative.
Resources
Resources
Publication Date
08/29/2022
ILRC commends USCIS on the recent USCIS Policy Manual additions clarifying guidance on the unlawful presence bars. We further thank USCIS for rescinding Matter of Z-R-Z-C and updating its interpretation on the effects of authorized travel by Temporary Protected Status (TPS) beneficiaries. These changes will benefit affected applicants significantly, create clarity and consistency across adjudications, and help USCIS achieve its overall mission to uphold America’s promise as a nation of welcome and possibility.
Practice Advisory
Resources
Publication Date
06/22/2022
This advisory describes the various ways that persons with disabilities can navigate the naturalization process, including requesting accommodations, seeking an N-648 disability waiver of the English/civics requirement, and applying for an oath waiver. The advisory describes recent changes to the USCIS’s policy manual and upcoming changes to the N-648.