Family Immigration and Naturalization in Chicago

Family immigration starts with one question: how the law classifies the relationship. The spouse or child of a U.S. citizen, and the parent of a citizen who is at least 21, are immediate relatives, and no annual visa limit applies to them (8 U.S.C. 1151(b)(2)(A)(i)). Other family relationships wait in a preference category. That classification, together with where your relative is now and how they entered the country, decides the forms, the timeline, and the risks. As a Chicago family immigration lawyer, Abdul Kadir Mohamed starts every matter there.

Immediate relatives and the family preference categories

An immigrant visa is always available to an immediate relative, so there is no line to wait in (USCIS Policy Manual, Vol. 7, Part A, Ch. 3). Other relatives wait in one of four preference categories (8 U.S.C. 1153(a)):

• First preference: unmarried sons and daughters of U.S. citizens.
• Second preference: spouses and children of permanent residents, and their unmarried sons and daughters.
• Third preference: married sons and daughters of U.S. citizens.
• Fourth preference: brothers and sisters of U.S. citizens who are at least 21.

A preference relative’s place in line is the priority date, the date USCIS receives a properly filed I-130 petition (8 C.F.R. 204.1(b)). The Department of State’s monthly Visa Bulletin publishes two charts, Final Action Dates and Dates for Filing. Because the line can move forward, stall, or move backward, we read the current bulletin before discussing timing.

Adjustment of status in Chicago or consular processing abroad

Adjustment of status lets a relative already in the United States become a permanent resident without leaving. It requires that the person was inspected and admitted or paroled, is eligible and admissible, and has a visa immediately available at filing (8 U.S.C. 1255(a)). An immediate relative can file the I-485 together with the I-130 (8 C.F.R. 245.2(a)(2)(i)(B)) and is exempt from the bar for unauthorized employment or a lapse in lawful status (8 U.S.C. 1255(c)(2)). Preference relatives are not, so a gap in status matters more for them.

In consular processing, the relative attends an immigrant visa interview at a U.S. embassy or consulate. For someone in the United States who cannot adjust, leaving after more than 180 days of unlawful presence triggers a three-year bar to returning, and leaving after a year or more triggers a ten-year bar (8 U.S.C. 1182(a)(9)(B)(i)). The I-601A provisional waiver, filed before departure, can address those bars for a person with an approved petition, but it waives no other ground of inadmissibility (8 C.F.R. 212.7(e)). That is why we review the entry, any time without status, earlier filings, and any arrest before anyone travels.

Engaged couples can use the K-1 fiancé(e) visa. The couple must have met in person within two years before the petition, unless that is waived, and intend to marry within 90 days after arrival (8 U.S.C. 1184(d)(1)). Adjustment afterward is available only on the basis of the marriage to the petitioner, and it grants conditional residence (8 U.S.C. 1255(d)).

The I-864 affidavit of support and public charge

Most family-based immigrants are inadmissible without the petitioner’s affidavit of support (8 U.S.C. 1182(a)(4)(C)). The sponsor must be a citizen or permanent resident, at least 18, domiciled in the United States, and able to maintain income of at least 125 percent of the federal poverty line. The federal government, a state, or the immigrant can enforce it, and it generally lasts until naturalization or 40 qualifying quarters of work (8 U.S.C. 1183a). A joint sponsor can cover a shortfall and becomes jointly and severally liable.

The officer also weighs the applicant’s age, health, family status, assets and resources, and education and skills (8 U.S.C. 1182(a)(4)(B)(i)). As of this writing, DHS has rescinded the 2022 public charge regulations by a final rule effective September 18, 2026 (91 Fed. Reg. 45324), and officers decide on the totality of the circumstances, including receipt of means-tested public benefits.

Conditional residence and the joint I-751 petition

If the marriage was less than two years old when residence was granted, that residence is conditional for two years (8 U.S.C. 1186a). The couple must file a joint I-751 petition in the 90 days before the second anniversary. Missing that window terminates residence automatically, and a late petition requires a written showing of good cause (8 C.F.R. 216.4(a)(1), (a)(6)). Evidence includes joint property or leases, commingled finances, children’s birth certificates, and third-party affidavits (8 C.F.R. 216.4(a)(5)).

If the marriage has ended or a joint filing is not possible, the statute allows a waiver when the marriage was entered in good faith and has ended, when removal would cause extreme hardship, or when the spouse committed battery or extreme cruelty (8 U.S.C. 1186a(c)(4)). Recommendation: calendar the 90-day window the day the conditional card arrives.

DACA renewals as of this writing

As of this writing, the USCIS DACA page states that the agency continues to accept and process renewal requests and accompanying work permit applications. It accepts initial requests but, under the order of the U.S. District Court for the Southern District of Texas, does not process them. Current grants remain valid until they expire unless individually terminated.

USCIS asks that renewals be filed between 120 and 150 days before expiration, and we calendar that window months ahead. A DACA request cannot use a Form I-912 fee waiver, so plan for the USCIS filing fee in effect when you file. A recipient who marries a U.S. citizen may become an immediate relative, but adjustment still depends on an entry with inspection and admission or parole (8 U.S.C. 1255(a)).

Naturalization with Form N-400

Most permanent residents can apply for citizenship after five years of continuous residence, with physical presence for at least half of that time and three months of residence in the state or USCIS district where they file (8 U.S.C. 1427(a), 8 C.F.R. 316.2). The presence minimum is 30 months, and USCIS counts departure and return days as days present (USCIS Policy Manual, Vol. 12, Part D, Ch. 4). The application can be filed up to 90 days early (8 C.F.R. 334.2(b)).

Spouses of citizens can apply after three years of marital union with a spouse who was a citizen throughout, with physical presence for half that period (8 U.S.C. 1430(a), 8 C.F.R. 319.1). The marriage and the spouse’s citizenship must continue until the oath (USCIS Policy Manual, Vol. 12, Part G, Ch. 2). A legal separation breaks marital union (8 C.F.R. 319.1(b)(2)), and the five-year rule then applies.

Trips abroad, good moral character, and the English and civics tests

An absence of more than six months but less than a year is presumed to break continuous residence. The presumption can be rebutted with continued U.S. employment, immediate family who stayed here, or a home kept here. An absence of a year or more breaks continuity unless an exception applies, such as an approved Form N-470 (8 U.S.C. 1427(b), USCIS Policy Manual, Vol. 12, Part D, Ch. 3).

Good moral character is required for the statutory period and through the oath, and USCIS may consider earlier conduct (8 C.F.R. 316.10(a)(2), USCIS Policy Manual, Vol. 12, Part F, Ch. 1). The regulation also reaches willful failure to support dependents and other unlawful acts (8 C.F.R. 316.10(b)(3)). We review court records, child support, and tax filings before filing, because an issue found later is harder to explain.

Applicants must show ordinary English and knowledge of U.S. history and government (8 U.S.C. 1423(a)). Applicants over 50 with 20 years as permanent residents, or over 55 with 15, are exempt from English but not civics, and a medical disability exception can apply (8 C.F.R. 312.1, 312.2). An applicant who fails either part gets a second opportunity within 90 days (8 C.F.R. 312.5). We prepare every client for the interview and both tests.

We screen every N-400 for a fee waiver. Form I-912 is available for the N-400, including when the applicant or a qualifying household member receives a means-tested benefit. If you do not qualify, you pay the USCIS filing fee in effect when you file.

Illinois limits on non-attorney immigration help

In Illinois, an immigration assistance provider who is not a licensed attorney, a supervised legal intern, or a nonprofit accredited by the Board of Immigration Appeals may not give legal advice or use translated titles such as notario, and must post a sign stating that it is not an attorney (815 ILCS 505/2AA).

How a family immigration matter runs at Lincoln Square Law

Family immigration consultations are not free. We quote the fee in writing before we start. The attorney who reviews your case is the one who carries it.

• First meeting: we build one chronology of entries, status, addresses, marriages, and earlier filings, and check it against your documents.
• Before filing: we settle the route and the evidence each requirement needs.
• After filing: we explain every USCIS notice in plain language and calendar every deadline.
• Before the interview: we review what you filed and hold practice sessions with you.

The firm does not represent clients in removal proceedings. If you have ever received a Notice to Appear or a removal order, tell us at the start so we can tell you whether you need counsel who handles those proceedings.

Common questions about family immigration and citizenship

Can my spouse get a green card without leaving the United States?

Often, if your spouse was inspected and admitted or paroled. As an immediate relative, your spouse can file the I-485 together with your I-130. If the entry was without inspection, the usual route is consular processing, sometimes with a provisional waiver, and we review it before anyone travels.

How long will my brother or sister have to wait?

Siblings of citizens who are at least 21 are in the fourth preference, and the wait depends on the priority date and the current Visa Bulletin for their country.

Is a family immigration consultation free?

No. Free consultations at the firm are limited to injury matters. We quote the fee in writing before we start, and the USCIS filing fee in effect when you file is separate.

Should I send my documents through the website form?

No. Please do not share sensitive details through the web form. Call us at (312) 257-2260 and we will speak privately.

Related resources

General information only; not legal advice and does not create an attorney-client relationship. Immigration rules and agency practice change often.