Family-Based Immigration

Bringing Your Loved Ones to the United States

Family should not be separated by borders and paperwork. Whether you’re petitioning for a spouse, a parent, a sibling, or a fiancé(e), family-based immigration is how U.S. citizens and permanent residents bring the people they love to the United States. It’s also an area where the process and how long it takes can vary dramatically depending on your exact relationship, so understanding where you fit matters from day one.

At The Law Offices of Shirley Sadjadi, P.C., we help families across Elgin and the greater Chicago area navigate every stage of the family petition process, from filing the initial paperwork to preparing for the green card interview. Our entire staff is fluent in both Spanish and English, so you and your family can go through this process in the language you’re most comfortable with.

Understanding Family Immigration Categories

Not every family relationship is treated the same way under immigration law, and the category your relative falls into determines how long the process takes.

Immediate relatives of U.S. citizens, meaning a spouse, an unmarried child under 21, or a parent, have no annual visa limit. Once USCIS approves the I-130 petition, a visa is immediately available, which is why these cases typically move the fastest.

Family preference categories apply to more distant relationships and are subject to annual numerical caps, which means the beneficiary must wait for a visa number to become available under the Visa Bulletin, sometimes for years, even after the petition itself is approved.

Category	Relationship	Who Can File
Immediate Relative	Spouse, unmarried child under 21, or parent of a U.S. citizen	U.S. citizens only (petitioner must be 21+ to sponsor a parent)
F1	Unmarried son or daughter (21+) of a U.S. citizen	U.S. citizens
F2A	Spouse or unmarried child under 21 of a green card holder	Lawful permanent residents
F2B	Unmarried son or daughter (21+) of a green card holder	Lawful permanent residents
F3	Married son or daughter of a U.S. citizen	U.S. citizens
F4	Sibling of a U.S. citizen	U.S. citizens only; must be 21+

Not every family relationship is treated the same way under immigration law, and the category your relative falls into determines how long the process takes.

Marriage-Based Green Cards

Marriage-based cases move through the system differently depending on whether your spouse is already in the United States or living abroad, and whether you’re a U.S. citizen or a green card holder. If you’re a U.S. citizen, your spouse is an immediate relative with no annual visa cap, and many couples complete the entire process, from I-130 filing to green card approval, within 12 to 24 months when the case is filed correctly and without complications.

If you’re a green card holder petitioning for your spouse, the case falls under the F2A preference category, which typically adds a wait of a year or more beyond I-130 approval before a visa becomes available. Every marriage-based petition also requires solid proof that your marriage is genuine:

We help you build this evidence file thoroughly from the start, since a well-documented petition reduces the risk of a Request for Evidence and helps prepare you for a smoother green card interview later.

Understanding Family Immigration Categories

Not every family relationship is treated the same way under immigration law, and the category your relative falls into determines how long the process takes.

Marriage-Based Green Cards

If you’re a U.S. citizen 21 or older, your parent qualifies as an immediate relative with no annual visa cap, which makes this one of the more straightforward family categories once the petition itself is filed correctly. Green card holders cannot petition for a parent under any circumstances.

Sponsoring a Sibling

This is the most demanding category in family-based immigration. Only U.S. citizens 21 or older can file for a brother or sister, and sibling cases fall under the F4 preference category, which carries the longest wait of any family relationship, commonly stretching well beyond a decade depending on the beneficiary’s country of birth. We give clients an honest, realistic picture of these timelines from the very first conversation, since sibling sponsorship requires patience as much as paperwork.

We help you file the I-130 accurately for either relationship and keep you informed as your case, and where applicable, the Visa Bulletin, moves forward.

Fiancé(e) Visa (K-1)

If you’re a U.S. citizen engaged to someone living abroad, the K-1 fiancé(e) visa is a separate process from the family preference system, filed on Form I-129F rather than Form I-130. We assist with:

Preparing and filing the initial fiancé(e) petition
Gathering evidence of a bona fide relationship for the visa interview abroad
Guiding you through the requirement to marry within 90 days of your fiancé(e)'s arrival in the U.S.
Preparing the subsequent adjustment of status application once you're married

Because the K-1 process has its own distinct rules and deadlines, it’s worth having a clear roadmap from the start rather than assuming it works the same way as a standard marriage-based petition.

Removing Conditions on Residence (I-751)

If you received your green card through a marriage that was less than two years old at the time of approval, USCIS issued you conditional permanent resident status rather than a standard ten-year card. Before that conditional card expires, you must file Form I-751 to remove the conditions, and the filing window is strict: generally the 90 days immediately before your card’s expiration date.

We help you determine whether to file jointly with your spouse or, if your marriage has ended through divorce, death, or abuse, whether you qualify for a waiver of the joint filing requirement. Either way, the evidence standard is similar to your original marriage-based petition: USCIS wants to see that your marriage has continued in good faith, so we help you gather updated documentation reflecting your life together since your green card was approved.

What the Process Typically Looks Like

Step 1: Confirming Your Category. We identify exactly which relationship category applies and give you a realistic timeline based on current processing and, where relevant, Visa Bulletin movement.
Step 2: Filing the Petition. We prepare Form I-130 (or I-129F for fiancé cases) with complete, well-organized supporting evidence to avoid delays and Requests for Evidence.
Step 3: Waiting for Approval and Visa Availability. For immediate relatives, this stage moves quickly. For preference categories, we keep you updated as the priority date approaches current status on the Visa Bulletin.
Step 4: Adjustment of Status or Consular Processing. Depending on whether your relative is already in the U.S., we guide the case through either adjustment of status or the National Visa Center and embassy interview process abroad.
Step 5: The Green Card Interview. We prepare you thoroughly for what USCIS will ask, especially in marriage-based cases where the interview focuses heavily on the authenticity of your relationship.

Common Concerns We Help Clients Navigate

"How long will this actually take?"

Timelines vary enormously by category, from around a year for an immediate relative spouse to well over a decade for a sibling petition. We give you realistic expectations upfront rather than a generic estimate.

"I'm not sure my marriage evidence is strong enough."

This is one of the most common worries in marriage-based cases. We review your documentation early and help you fill in the gaps long before your interview.

"My case has been pending for years; is something wrong?"

Often, no. Long waits in preference categories are usually due to the visa quota, not a problem with your case. We help you check your case status and understand exactly what stage you’re in.

Why Work With The Law Offices of Shirley Sadjadi

Bilingual, Personal Attention

Our entire staff speaks Spanish and English fluently, so your whole family can understand every step of the process.

Realistic, Honest Timelines

We tell you upfront what to expect for your specific category, rather than letting you assume every case moves at the same pace.

Thorough Documentation

We help you build a complete, well-supported petition from the start, reducing delays and strengthening your case for the interview to come.

Support From Petition to Interview

We stay with your case through every stage, from the initial filing to the final green card interview.

Families are worth fighting to keep together. Schedule your consultation with an experienced family immigration attorney serving Elgin and the greater Chicago area.

Frequently Asked Questions

1. How long does it take to get a green card for a spouse?

For a U.S. citizen’s spouse, many cases are completed within 12 to 24 months when filed correctly, since spouses are immediate relatives with no annual visa cap. For a green card holder’s spouse, expect an additional wait of a year or more under the F2A preference category.

2. Can a green card holder sponsor their parents or siblings?

You’re not left without options. Depending on the reason, you can file Form N-336 to request a hearing within 30 days, or resolve the underlying issue and file a new application once you’re clearly eligible.

3. Why does sponsoring a sibling take so long?

Not necessarily. Some offenses create permanent bars, but many create only a temporary, conditional bar during the statutory period. Every arrest needs to be disclosed with certified court documentation, regardless of the outcome.

4. What's the difference between a K-1 visa and a marriage-based green card?

You’re not immediately denied. USCIS schedules a second interview, generally 60 to 90 days later, and retests you only on the portion you failed.

5. What happens if my conditional green card is about to expire?

No. Filing Form N-400 does not jeopardize your permanent resident status. If your application is denied, you remain a green card holder exactly as before.

6. Do you help with cases where the marriage has ended?

Yes. Our entire staff is fluent in both Spanish and English, so you can go through the entire process in whichever language you’re most comfortable with.