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

Medi-Cal in California: Addressing Community Concerns about Public Charge

11/11/2020

People with various immigration statuses, and in some cases without any immigration status, qualify for Medi-Cal in California. California provides Medi-Cal health insurance through state funds to many California residents that would not qualify for the federal Medicaid program. When considering applying for immigration status, many noncitizens worry that using Medi-Cal in California will harm...

Practice Alert: Temporary Changes to U.S. Citizenship and Immigration Services (USCIS) in Response to COVID-19

11/09/2020

This practice alert provides a brief summary of temporary changes U.S. Citizenship and Immigration Services (USCIS) has made in response to COVID-19. Changes include plans for reopening USCIS facilities after suspending all in-person services, including interviews and biometrics appointments, from March 18 to June 3, 2020; automatic extensions for Requests for Evidence (RFEs), Notices of Intent...

ILRC Files Comment on Proposed EOIR Limited Representation Rule

11/05/2020

On October 30, 2020, ILRC filed a comment opposing an EOIR proposed rule that would have a substantial negative impact on legal orientation programs operated by non-profit immigration legal services programs. Much of the impact will be from the way the regulation redefines key terms: First, by broadening the scope of legal “practice,” the proposed rule would require non-representative providers...

ILRC Opposes USCIS's Proposed Changes to the Affidavit of Support

11/02/2020

The ILRC submitted comments in opposition to the Department of Homeland Security's notice of proposed rulemaking on the affidavit of support, published in the Federal Register on October 2, 2020. The proposed rule would discourage, deter, or outright disqualify many U.S. citizens and U.S. permanent residents from immigrating their family members and, like the public charge rule, cause families to...

Status of USCIS Fee Waiver Changes - October 2, 2020

10/09/2020

USCIS attempted to drastically limit fee waiver availability and fee waiver standards through the 2020 fee rule. The agency also tried to limit fee waivers by changing the I-912 fee waiver form. For now, these attempted changes have been stopped by injunctions. Applicants can continue to apply for fee waivers based on the 2011 fee waiver guidance. This practice advisory describes the changes...