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

Naturalization Field Guide: Resources for Red Flag Screenings and Application Reviews

01/03/2019

It has always been important to screen naturalization applicants thoroughly to ensure that they are, in fact, eligible for naturalization, and to assess any potential issues that could cause them to denied or deported. While the laws governing how and when someone is eligible to naturalize and how and when someone is deportable have not changed, the importance of screening applicants has...

Application of the Child Status Protection Act to the Children of U.S. Citizen Petitioners

12/21/2018

The Child Status Protection Act (CSPA) was devised to protect intending immigrant children from “aging-out” while undergoing the lengthy process to status. This advisory discusses how CSPA protects children of U.S. citizens in their applications for permanent residency. This is one of three advisories in a series detailing the benefits and limitations of the CSPA in the immigration process. For...

Family-Based Adjustment of Status Options

12/21/2018

A noncitizen can pursue lawful permanent residence through a family member in two different ways—one, through consular processing at a U.S. consulate abroad, or two, through adjustment of status at a U.S. Citizenship and Immigration Services (“USCIS”) office or Immigration Court in the United States. For people who are already in the United States, adjustment of status is preferable if they are...

Denaturalization: Understanding the Process and Recent Increases in Denaturalization Efforts

12/21/2018

In the past, denaturalization proceedings were rare and usually brought only against alleged war criminals and in other extreme cases. However, continuing their assault on immigrants, families, and communities of color, the Trump administration has increased resources dedicated to pursuing denaturalization in an effort to strip citizenship from naturalized citizens and there are concerns this...

Updated Guidance for the Referral of Cases and Issuance of Notices to Appear: Tips and Strategies for Working with Clients

12/18/2018

On June 28, 2018, U.S. Citizenship and Immigration Services (USCIS) issued a memorandum stating the expanded circumstances in which the agency will begin issuing a Notice to Appear (NTA), including upon denying most affirmative applications. This practice advisory provides an overview of the new USCIS NTA Memo and gives tools for identifying possible red flags that could trigger enforcement...