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

FAQs & Explainers
Resources
Publication Date
03/31/2023
Undocumented individuals who have U.S. citizen children often ask when and if their child can help them obtain their Lawful Permanent Resident status. A citizen child who is over 21 years old can begin the process for a parent to get their Permanent Residence card, often referred to as a green card. However, the process can be complicated and any parent seeking a green card through their child needs to carefully consider certain things before they move forward. This guide provides a brief explanation of this process, what is needed for a son or daughter to help their parent(s) obtain status, and some considerations to keep in mind as you explore this process.
Practice Advisory
Resources
Publication Date
03/24/2023
Cancellation of removal under the Violence Against Women Act (“VAWA”) is an often overlooked form of relief for noncitizen survivors of abuse who are faced with removal proceedings. Compared with cancellation of removal for nonpermanent residents (“non-LPR cancellation”), VAWA cancellation is usually a more generous, lenient option for many survivors. In addition, unlike spouse self-petitions, there is no deadline to apply for cancellation after a divorce or loss of immigration status by the abuser, and abused adult sons and daughters are eligible for cancellation without age or marital limitations. This practice advisory introduces and provides an in depth review of each eligibility requirement for VAWA cancellation, discusses the applicable evidentiary standard, and considers procedural issues and strategies useful in immigration court as well as issues arising after an immigration judge issues a decision. Included in this practice advisory is an appendix with a side-by-side comparison of three forms of immigration relief often available to survivors in removal proceedings: VAWA cancellation, VAWA self-petitioning and adjustment of status, and non-LPR cancellation.
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
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
05/04/2022
This advisory provides practitioners with current information about the public charge ground of inadmissibility, including addressing what is public charge, who does it apply to, how is public charge evaluated, and could being a public charge make someone deportable.
Resources
Resources
Publication Date
04/14/2022
The ILRC submitted these recommended priorities to USCIS for improvements to the USCIS Policy Manual. This letter follows our list of USCIS Policy Manual recommendations provided to USCIS on September 2, 2021 (available here: https://www.ilrc.org/sites/default/files/resources/ilrc_uscis_pm_suggestions.pdf). While every change we suggested is important, a few have become more urgent as they are needed immediately to prevent further erroneous denials of benefits to immigrants and unnecessary chilling effects. The following priorities were gathered after conversations with partners across the country, and in direct response to requests from immigration practitioners and community members who are seeing benefits denied in the meantime. Furthermore, these changes will help rectify the Trump administration’s policies, increase access to immigration benefits, and reduce backlogs.
Practice Advisory
Resources
Publication Date
02/11/2022
This practice advisory contains numerous practical examples to assist in understanding how to recapture and retain priority dates in the family immigration context. It includes discussions and examples of how this concept intersects with other provisions of law, such as the Child Status Protection Act (CSPA), and adjustment of status under § 245(i) of the Immigration and Nationality Act (INA). A brief discussion and summary of the utilization of cross-chargeability of priority dates is also included.