Chicago Family-Based Immigration Attorney

If you’re a U.S. citizen, the Immediate Relative visa lets you sponsor your spouse, parents, or unmarried children under 21 (biological or adopted). Immediate Relative visas have no annual cap, so this category typically moves faster than any other family-based path.

U.S. citizens sponsoring other relatives — siblings, married children, or unmarried children 21 and older — use the Family Preference system instead. Lawful permanent residents can also sponsor a spouse or unmarried children through Family Preference. Because the government issues a limited number of these visas each year, there is typically a waiting period that varies by category. From highest to lowest preference:

• Unmarried adult children of U.S. citizens
• Spouses, minor children, and unmarried adult children of lawful permanent residents
• Married sons and daughters of U.S. citizens, and their spouses and minor children
• Siblings of U.S. citizens, and their spouses and minor children

U.S. citizens can bring a fiancé to the United States before the wedding through the K-1 visa. The marriage must take place within 90 days of the fiancé’s arrival. After the wedding, the couple can petition to adjust the new spouse’s status so they become a lawful permanent resident.

If you’re a U.S. citizen or lawful permanent resident married to someone from another country, you’ll need a marriage-based visa to bring your spouse to the U.S. as a permanent resident. The right option depends on your status and, for citizens, how long you’ve been married:

U.S. citizens married for less than two years generally apply for the CR-1 visa.

Those married for two years or longer apply for the IR-1 visa.

Lawful permanent residents sponsor a spouse through the F-2A visa, which typically takes longer to process than a CR-1 or IR-1.

U.S. citizens who aren’t yet married can instead pursue a K-1 fiancé visa, then adjust status after the wedding.

A CR-1 applicant typically receives a conditional green card, which becomes a 10-year green card once the couple proves the marriage is bona fide. An IR-1 recipient receives a green card with no conditions from the start.

Qualified applicants can file Form I-485 to adjust status entirely inside the United States. Whether you qualify depends on how you entered the country, your current status, and your relationship to your sponsor. An attorney can review your specific situation and explain your options.

A conditional permanent resident — typically someone who received a green card based on a marriage under two years old — receives a card valid for two years. Before it expires, the couple must file a petition proving the marriage was not entered into to obtain immigration benefits. That petition must be filed within the 90-day period immediately before the conditional card expires; missing this window can put a person’s status at risk, so it’s important to calendar the deadline early.

A 10-year green card doesn’t mean permanent residence expires — only the physical card does. To renew it, permanent residents file Form I-90 with USCIS. As a general rule, it’s best to file for renewal as soon as the card is close to expiring, since an expired card (even though status itself continues) can create real friction with employment verification, travel, and everyday identification. Form I-90 is also used to replace a card that was lost, stolen, or damaged, or to correct information after a legal name change.