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
09/26/2024
This advisory describes supporting documentation for the Parole in Place program under Keeping Families Together. The adjudications for this program are currently on pause due to litigation. Persons hoping to apply should the program resume may gather and prepare supporting documents in advance.
Practice Advisory
Resources
Publication Date
09/24/2024
This practice advisory describes the new “Keeping Families Together” parole in place process for certain spouses and stepchildren of U.S. citizens including what exactly is it and what you get if approved. It also details the eligibility requirements and application process as well as addressing some of the more “in the weeds” issues such as if the USC spouse is deceased, common law marriages, the different presumptions that apply depending on the applicant’s criminal history or if they have an unexecuted final removal order, and what happens if the applicant has already started consular processing. Additionally, attached to this advisory is an appendix of online filing tips specific to the Form I-131F.
Practice Advisory
Resources
Publication Date
09/12/2024
The advisory provides information and updates on various parole programs including Uniting for Ukraine, Operation Allies Welcome, CHNV Parole, Family Reunification Parole, CAM Parole, and Parole in Place.
FAQs & Explainers
Resources
Publication Date
09/11/2024
Update as of September 11, 2024: In June 2024, the Biden administration announced a new Parole in Place (PIP) process for undocumented spouses and stepchildren of U.S. citizens. The goal of this process is to allow eligible applicants to adjust their status (get a green card) without having to the leave the United States and risk being separated from their families. The process went into effect on August 19, 2024, and U.S. Citizenship and Immigration Services (USCIS) started approving applications right away. However, on August 23, 2024, the state of Texas along with 15 other states filed a lawsuit to stop the process.  On August 26, 2024, a federal court in Texas ordered USCIS to stop approving applications while the Court decides several issues in the case.
FAQs & Explainers
Resources
Publication Date
08/12/2024
UPDATE: On August 26, a federal court in Texas temporarily halted the Parole in Place (PIP) process for undocumented spouses and stepchildren of US citizens, also known as the Keeping Families Together program.

For a 14-day period (and possibly longer), USCIS will NOT be able to approve applications, even though applicants can still file their request for PIP. The filing fee of $580 is due at the time of filing and applicants may lose out on that fee, if they decide to apply and USCIS continues to be restricted from processing requests. As always, it will be crucial to speak with a qualified immigration legal services provider before anyone decides to file.
Public Comments / Sign-on Letters
Resources
Publication Date
07/24/2024
On June 6, 2024, the ILRC submitted a comment in support of DHS’s temporary final rule (TFR) providing automatic extensions of employment authorization documents. The TFR specifically requested comment on whether the measure should be permanent and how long permanent automatic extensions should be. The ILRC wrote in support of a long and permanent auto-extension policy to ensure that applicants are not harmed by administrative delays that lead to lapses in document validity.
FAQs & Explainers
Resources
Publication Date
07/17/2024
The U.S. immigration system treats children and young people differently than adults. It is important to understand how your age may impact your options for seeking relief or protection against deportation. This Community Explainer highlights how age impacts eligibility for certain forms of immigration relief, how immigrant youth can help themselves and their family members, and how to learn more.
Resources
Resources
Publication Date
05/08/2024
On April 1, 2024, the United States Citizenship & Immigration Services (USCIS) released a new version of Form N-400, Application for Naturalization. All applicants for naturalization must use this new form. To help attorneys, USDOJ accredited representatives, and others learn how to complete this new version of the form, we have developed a new step-by-step guide. It provides instructions on how to complete the Form N-400 and includes tips on how to best approach common issues related to eligibility and possible red flags, as well as practical considerations for submission.
FAQs & Explainers
Resources
Publication Date
02/12/2024
On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) released a final fee rule that will go into effect April 1, 2024. This Community Alert delves into the provisions of the new rule including increased fees, expanded fee exemptions, and changes to fee waiver policy. This downloadable guide also offers some key takeaways and resources to find support for your immigration case.