Family Based

Merrillville Family-Based Immigration Lawyer

Uniting your family across borders is a deeply meaningful journey filled with purpose and connection. However, it can also feel overwhelming. Immigration lawyer Ngozi Emeka Nchekwube understands the emotions tied to reuniting with your loved ones and the challenges you may face along the way. Whether you or a member of your family is simply planning a visit or if you or a family member wants to work or immigrate to the United States, each case will have our personal attention from start to finish.

When you or your family member is outside the country and is looking to enter, we can help decide the best process and assist in bringing a natural-born or adopted/orphan child, a parent, spouse, or other family members, or a foreign-born fiancé. That’s why we’re here to guide you, step by step, through the process of family-based immigration, offering the clarity and reassurance you need.

What is Family-Based Immigration?

Family-based immigration is a pathway for U.S. citizens and lawful permanent residents to bring their family members to the United States. This process prioritizes family unity, allowing spouses, parents, children, and siblings to reunite and build their lives together.

Benefits of Family-Based Immigration

• Strengthened family bonds by reuniting loved ones
• Opportunities for education and career advancement in the United States.
• Legal security and stability for family members
• A pathway to permanent residency and, eventually, citizenship

Who is Eligible?

Eligibility for family-based immigration depends on the relationship between the applicant (the U.S. citizen or lawful permanent resident) and the family member seeking to immigrate. Commonly eligible family members include:

• Spouses
• Parents (if the petitioner is over 21 years old)
• Children (unmarried and under 21)
• Siblings (U.S. citizens only, must be over 21)

The Adjustment of Status Process

Adjustment of Status is the process that allows certain immigrants already in the U.S. to apply for a green card (permanent residency) without having to leave the country.

It helps bring families together by allowing spouses, parents, and children of U.S. citizens or green card holders to live permanently in the U.S. with their loved ones, work legally, and eventually apply for citizenship.

Step 1: Confirm Eligibility

You must be physically in the U.S. You entered the U.S. legally (with a visa or parole). You have an immediate relative who is a: U.S. citizen spouse, U.S. citizen parent (if you’re under 21 and unmarried) or a U.S. citizen child (if you’re over 21). Other family categories (like green card holders) may apply but must wait for a visa to be available.

Step 2: File Form I-130, Petition for Alien Relative

Your U.S. citizen or green card holding relative files Form I-130 (Petition for Alien Relative)

Step 3: Wait for I-130 Approval (or File Concurrently)

If you’re an immediate relative of a U.S. citizen, you can file Form I-485 together with Form I-130. If not, wait until the I-130 is approved and your priority date is current.

Step 4: File Form I-485, Application to Register Permanent Residence or Adjust Status

Fill out Form I-485 to apply for your green card. Include proof of your legal entry into the U.S. Submit documents to prove your family relationship. Include a financial support form from your sponsor. Get a medical exam from a USCIS-approved doctor.

Step 5: Attend Biometrics Appointment

After filing form I-485, USCIS will send you a notice for fingerprinting. Go to your local USCIS office on the scheduled date. They’ll take your fingerprints, photo, and signature for background checks. Bring your appointment notice and a valid photo ID.

Step 6: Go to Green Card Interview

USCIS will schedule an interview at your local office. A USCIS officer will ask about your background and your relationship.

Step 7: Receive Decision

If approved, green card arrives by mail. If additional evidence is needed, USCIS will send an RFE (Request for Evidence). If denied, you may explore filing a motion to reopen or reconsider and appeals.

The Immigrant Visa Process (Consular Processing)

The Immigrant Visa process (also called Consular Processing) allows family members of U.S. citizens or green card holders to apply for a green card from outside the U.S. through a U.S. embassy or consulate.

It helps reunite families by allowing spouses, children, and parents to legally move to the U.S., live permanently with their loved ones, and start a new life together.

Step 1: File the Form I-130, Petition of Alien Relative

The U.S. citizen or green card holder files Form I-130 with USCIS. This form proves the family relationship.

Step 2: USCIS Approves the Petition

Once approved, USCIS sends the case to the National Visa Center (NVC).

Step 3: Wait for a Visa to Become Available

If you’re in a preference category (not an immediate relative), you must wait for your priority date to become current using the Visa Bulletin. Immediate relatives (spouse, parent, unmarried child under 21 of a U.S. citizen) don’t have to wait.

Step 4: Pay Fees & Submit Visa Application (DS-260)

NVC sends instructions to: Pay visa and affidavit of support fees, submit Form DS-260 (online immigrant visa application) and submit financial and civil documents (like birth certificates, police certificates, and Form I-864)

Step 5: Attend Medical Exam

Complete a medical exam with a U.S. embassy-approved doctor in your country.

Step 6: Go to Visa Interview at U.S. Embassy or Consulate

The applicant attend an interview. Bring your passport, documents, and proof of relationship. A consular officer will ask questions and decide if you’re eligible.

Step 7: Get Your Immigrant Visa

If approved, the embassy gives you a visa in your passport and a sealed envelope to bring to the U.S.

Step 8: Enter the U.S. and Receive Green Card

Enter the U.S. using your immigrant visa.You become a permanent resident upon entry.Your physical green card will arrive by mail.

The K-1 Visa Process (Fiance Visa)

File Form I-129F (Petition for Alien Fiancé(e))

The U.S. citizen files form I-129 for their foreign fiancé(e) with the U.S. Citizenship and Immigration Services (USCIS).

USCIS Approval

USCIS reviews and, if approved, sends the petition to the National Visa Center (NVC).

NVC Forwards to U.S. Embassy

The case is sent to the U.S. embassy/consulate in your fiancé(e)’s country.

Fiancé(e) Applies for Visa (Form DS-160)

Fill out Form DS-160 (online visa application), pay the visa fee and prepare for the visa interview.

Attend Visa Interview

Fiancé(e) is interviewed about the relationship.

K-1 Visa Issued

If approved, the K-1 visa is placed in the passport. Your fiancé(e) must enter the U.S. within the time specified on the visa they receive.

Get Married in the U.S.

You must marry within 90 days of your fiancé(e) arrival.

Apply for Green Card

After marriage, file for Adjustment of Status to get a green card.

Why Work With an Immigration Attorney?

Mastering the complexities of immigration law requires accuracy, meticulous attention to detail, and diligence. Simple mistakes in documentation or missing deadlines can cause unnecessary delays or denials. An experienced attorney, like Ngozi Emeka Nchekwube, offers the legal knowledge and personal support to overcome these challenges.

Common Challenges Applicants Face

• Lengthy processing times and confusing eligibility criteria
• Unintentional filing errors that lead to delays or denials
• Insufficient evidence to establish qualifying family relationships
• Overcoming inadmissibility issues such as previous visa overstays

We help you avoid setbacks, strengthen your application, and represent you in any necessary hearings. Attorney Ngozi Emeka Nchekwube ensures every form is complete, deadlines are met, and every question is answered. We take the stress out of the process so that you can focus on what matters most–being reunited with your family.

Get In Touch

Family reunification is possible with the right guidance. Ngozi Emeka Nchekwube is here to make your immigration process as smooth as possible. Schedule a 10-minute consultation with us today to discuss your case and discover how we can help reunite your family.