How to Get a Family-Based Green Card in Chicago 2026

For millions of families separated by international borders, a family-based green card is the most direct path to reunification in the United States. If you are a U.S. citizen or lawful permanent resident living in Chicago or the Chicagoland area, you may be eligible to sponsor certain family members for permanent residence. This guide explains who qualifies, how the process works, and what to expect at each stage. Our team at the Law Offices of Azita M. Mojarad, P.C. has guided thousands of Chicago-area families through this process and keeps this guide updated as USCIS policy changes.

Key Takeaways

• A family-based green card requires a qualifying relationship with a U.S. citizen or lawful permanent resident (LPR).
• Immediate relatives (spouses, unmarried children under 21, and parents of U.S. citizens) face no annual visa cap.
• Family preference categories (F1, F2A, F2B, F3, F4) are capped annually and can involve waits of several years to decades.
• The process starts with Form I-130, then proceeds through either adjustment of status (I-485) or consular processing.
• A May 2026 USCIS policy memorandum makes discretionary review a bigger factor in every case, regardless of category.

What Is a Family-Based Green Card?

A family-based green card, formally known as lawful permanent residence, allows a foreign national to live and work in the United States permanently. It is obtained through a qualifying family relationship with a U.S. citizen or lawful permanent resident (LPR). Once a green card holder meets the residency and other requirements, they may apply for U.S. citizenship.

Who Can Be Sponsored?

U.S. immigration law divides family-based green card eligibility into two main categories:

Immediate Relatives of U.S. Citizens: This category covers the closest family members, spouses, unmarried children under the age of 21, and parents of U.S. citizens (where the sponsoring citizen is at least 21 years old). There is no annual numerical cap on immediate relative visas, which means these cases generally move faster than other family categories.

Family Preference Categories: All other qualifying family relationships are placed into one of four preference categories, each subject to annual numerical limits. Because demand exceeds the annual supply of visas in these categories, applicants must wait for their priority date to become current on the monthly Visa Bulletin before they can move forward.

The four family preference categories are:

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

The process begins when the U.S. citizen or LPR sponsor files Form I-130 with USCIS. This petition establishes the qualifying family relationship. For immediate relatives, I-130 approval means a visa number is immediately available. For preference category cases, the I-130 filing date becomes the applicant’s priority date, their place in line for an available visa.

Step 2: Apply Inside or Outside the United States

After the I-130 is approved and a visa number is available, what happens next depends on where the family member is located:

• Adjustment of Status (Inside the U.S.): If the family member is already in the United States and eligible, they file Form I-485 to apply for their green card without leaving the country. In cases where a visa number is immediately available, such as for immediate relatives of U.S. citizens or preference category applicants whose priority date is current, the I-130 and I-485 may be filed at the same time.
• Consular Processing (Outside the U.S.): If the family member lives abroad, the case transfers to the National Visa Center after I-130 approval and proceeds to a U.S. embassy or consulate, where the family member attends an immigrant visa interview. Upon approval, they travel to the United States as a lawful permanent resident.

Step 3: Affidavit of Support

In every family-based case, the sponsoring U.S. citizen or LPR must file Form I-864, Affidavit of Support, demonstrating the financial ability to support the family member at a minimum of 125% of the federal poverty guidelines. This is a legally binding obligation and one of the most commonly misunderstood requirements in the process. An incomplete or insufficient Affidavit of Support is one of the leading causes of delays and denials.

Step 4: Required Documents

Thorough and consistent documentation is essential at every stage. Key documents typically required include:

• Proof of U.S. citizenship or lawful permanent resident status
• Proof of the qualifying family relationship (marriage certificate, birth certificate, etc.)
• Tax returns and evidence of income for the Affidavit of Support
• Passport-style photographs
• Civil documents such as birth certificates and marriage certificates
• Police clearances (required for consular processing cases)

Step 5: Medical Examination

All applicants for a family-based green card must complete a medical examination by a USCIS-designated civil surgeon (for adjustment of status cases) or an approved panel physician (for consular processing cases). The exam includes a review of vaccination records, a physical examination, and screening for certain communicable diseases. Results are submitted directly to USCIS or the consulate on the applicant’s behalf.

Step 6: Interview

Most family-based green card applicants are required to attend an interview, either at a USCIS field office for adjustment of status cases, or at a U.S. embassy or consulate for consular processing cases. In 2026, USCIS reinstated mandatory interviews for most family-based categories. The interview is an opportunity for an officer to verify the information in the application and confirm the genuineness of the family relationship.

How Much Does a Family-Based Green Card Cost?

Total cost depends on which forms your case requires and whether the family member applies from inside or outside the United States. Here is a breakdown of the main fees as of 2026:

These figures reflect the USCIS fee schedule in effect as of 2026 and are subject to change. Always confirm current amounts on the USCIS fee calculator before filing, since paying the wrong fee is one of the most common reasons a petition gets rejected outright.

2026 Important Update: USCIS Discretionary Review

In May 2026, USCIS issued a policy memorandum (PM-602-0199, issued May 21, 2026) clarifying that adjustment of status is a discretionary benefit. This means officers now conduct a more thorough review of each applicant’s overall background, equities, and history before approving a green card, including factors such as family ties in the United States, employment history, tax compliance, and community ties.

While eligibility requirements have not changed, this policy makes careful preparation and complete, accurate applications more critical than ever.

What Happens After Your Green Card Is Approved?

If the qualifying marriage is less than two years old when the green card is approved, USCIS issues a conditional green card valid for two years rather than the standard ten-year card. To remove these conditions and secure permanent status, the couple must file Form I-751 during the 90-day window before the conditional card expires. Missing this deadline can jeopardize the immigrant’s status, so it should be calendared as soon as the conditional card arrives. Our firm regularly assists clients with I-751 filings and can help you prepare well ahead of your card’s expiration date.

How Long Will It Take?

Processing times vary based on the family relationship category, where the applicant is located, and the specific USCIS service center or consulate handling the case. Immediate relatives of U.S. citizens generally have the shortest timelines. Preference category cases can take significantly longer due to annual visa limits and Visa Bulletin backlogs. An experienced immigration attorney can give you a realistic timeline based on your specific situation.

For preference category cases, the Department of State’s monthly Visa Bulletin publishes two charts, Final Action Dates and Dates for Filing, that determine when a priority date is considered current. Tracking both charts each month helps applicants know when they can submit documents to NVC or file Form I-485.

Why Working with an Experienced Chicago Immigration Attorney Matters

The family-based green card process involves multiple forms, strict documentation requirements, financial sponsorship obligations, and a heightened level of discretionary review by USCIS officers in 2026. A missing document, an inconsistency in the application, or an undisclosed issue in an applicant’s background can result in a request for evidence, a delay, or a denial.

At the Law Offices of Azita M. Mojarad, P.C., we have helped thousands of Chicago and Chicagoland families navigate the family immigration process for over 25 years. We take full ownership of every case, prepare every application thoroughly, and guide clients through every step from I-130 filing through green card approval.

Contact Us Today for Expert Immigration Legal Services

If you have questions about obtaining a family-based green card or any other immigration matter, please contact the Law Offices of Azita M. Mojarad, P.C. by emailing us at azita@azitalaw.com or calling 312.641.0771. We serve clients throughout Chicago, Illinois and the greater Chicagoland area.