A family-based green card is one of the most common pathways for foreign nationals to obtain lawful permanent residency in the United States. The process of acquiring a family-based green card, however, involves several steps and can take varying amounts of time depending on several factors. This article will provide an in-depth look at how long a family-based green card application typically takes, the factors that influence processing times, and the steps involved in obtaining a green card.
What Is a Family-Based Green Card?
A family-based green card allows U.S. citizens and lawful permanent residents to sponsor family members for permanent residency in the U.S. These family members can include spouses, children, parents, and siblings, depending on the sponsor’s citizenship or residency status.
The U.S. immigration system prioritizes family reunification, which is why family-based green cards are such a popular immigration option. The process can be lengthy, but for many, it’s the most reliable way to bring loved ones to the United States.
Types of Family-Based Green Cards
There are two primary categories of family-based green cards:
Immediate Relative Green Cards
Immediate relative green cards are for family members who fall into a specific category:
- Spouses of U.S. citizens
- Unmarried children under the age of 21 of U.S. citizens
- Parents of U.S. citizens (if the U.S. citizen is 21 years of age or older)
Immediate relative visas are not subject to annual numerical limits, meaning that once a U.S. citizen files a petition for a qualifying relative, the application will be processed as soon as possible, generally resulting in a shorter wait time.
Family Preference Green Cards
Family preference green cards apply to more distant relatives of U.S. citizens or to certain relatives of lawful permanent residents. These categories have an annual limit, so applicants often face a waiting period for their visa to become available.
These categories include:
First Preference (F1): Unmarried children (21 or older) of U.S. citizens
Second Preference (F2A): Spouses and children (under 21) of lawful permanent residents
Second Preference (F2B): Unmarried children (21 or older) of lawful permanent residents
Third Preference (F3): Married children of U.S. citizens
Fourth Preference (F4): Siblings of U.S. citizens
Due to the numerical limitations, applicants in the family preference categories may experience a significantly longer wait time than those in the immediate relative category.
Factors Affecting Family-Based Green Card Processing Time
Several factors can influence the timeline for obtaining a family-based green card. These include:
1. Sponsor’s Status
The sponsor’s immigration status plays a significant role in determining how long the green card process will take. For instance, U.S. citizens have the fastest processing times for immediate family members, while lawful permanent residents may face longer wait times due to the numerical limits placed on family preference visas.
2. Family Member’s Relationship to Sponsor
The specific relationship between the sponsor and the applicant affects both the eligibility and processing time. Immediate relatives generally face faster processing times than family preference applicants due to the absence of visa caps.
3. Applicant’s Country of Origin
Applicants from countries with high demand for U.S. visas, such as Mexico, the Philippines, and India, may face longer processing times due to per-country caps on family-based visas. For example, if the visa waiting list is particularly long for a specific country, applicants from that country may experience significant delays.
4. USCIS Processing Times
The United States Citizenship and Immigration Services (USCIS) processes the majority of family-based green card applications. The processing times at USCIS can vary depending on the service center, the type of application, and other factors. Some service centers may be more backlogged than others, which can result in longer waits.
5. U.S. Department of State Processing Times
After USCIS approves the application, the U.S. Department of State (DOS) may be responsible for processing the green card application if the applicant is outside the United States. The National Visa Center (NVC) manages the consular processing part of the process and determines the applicant’s interview and visa issuance timeline.
6. Delays in Background Checks
USCIS and the Department of State conduct extensive background checks on applicants. While these checks are essential to maintaining national security, they can also add time to the overall process, especially if additional documentation or investigations are needed.
Steps Involved in the Family-Based Green Card Process
The family-based green card process is multi-phased and involves several steps. Below is a breakdown of these phases.
Step 1: Filing the Petition
The first step in the family-based green card process is for the U.S. citizen or permanent resident sponsor to file a petition for the foreign relative. This is done by submitting Form I-130, Petition for Alien Relative, to USCIS. Along with the petition, the sponsor must provide evidence of the family relationship, such as birth certificates, marriage certificates, and other supporting documents.
For U.S. citizens, immediate relatives do not face numerical limitations and can begin the green card process immediately upon approval of the I-130 petition. However, family preference categories are subject to waiting periods, which are determined by the availability of visas.
Step 2: Approval of I-130 Petition
Once the I-130 petition is filed, USCIS reviews the documentation and, if everything is in order, approves the petition. This stage can take anywhere from a few months to over a year, depending on the service center’s backlog and other factors.
Step 3: Wait for Visa Availability
If the applicant is in the immediate relative category, this step is typically not required because no visa number is needed. However, for family preference categories, the applicant must wait until a visa number becomes available. The U.S. Department of State publishes the Visa Bulletin each month, which shows the visa priority dates for each category and country. When a visa number becomes available, the applicant can proceed with the next step.
Step 4: Adjustment of Status or Consular Processing
Once a visa number becomes available, applicants already in the U.S. can apply for adjustment of status by submitting Form I-485, Application to Register Permanent Residence or Adjust Status. This allows the applicant to stay in the U.S. while their green card application is processed.
If the applicant is outside the U.S., they will go through consular processing at a U.S. embassy or consulate in their home country. This process involves submitting additional documents, undergoing an interview, and providing biometric data.
Step 5: Interview and Final Decision
An interview is often required as part of the green card process. For applicants adjusting status within the U.S., the interview is typically held at a local USCIS office. For applicants going through consular processing, the interview is conducted at a U.S. embassy or consulate.
During the interview, the applicant will be asked questions about their application, their background, and their eligibility for a green card. After the interview, USCIS or the consulate will make a final decision. If the green card is approved, the applicant will receive their permanent resident status.
Step 6: Receiving the Green Card
Once the green card is approved, the applicant will receive their permanent resident card, also known as a green card. The applicant may now live and work permanently in the United States. The green card is typically valid for 10 years and must be renewed before it expires.
How Long Does a Family-Based Green Card Take?
The time it takes to obtain a family-based green card varies significantly depending on several factors:
For immediate relatives of U.S. citizens, the process typically takes anywhere from 6 months to 1 year, as these applicants do not face numerical limits.
For family preference applicants, the process can take several years due to the waiting periods for visa numbers. The wait time may vary depending on the category and the applicant’s country of origin.
In general, the entire family-based green card process may take anywhere from 12 months to over 10 years, depending on the applicant’s specific circumstances.
Conclusion
The process of obtaining a family-based green card is complex and can take varying amounts of time depending on several factors, including the type of relative being sponsored, the sponsor’s immigration status, the applicant’s country of origin, and the specific service center processing the application. While immediate relatives of U.S. citizens generally experience faster processing times, applicants in family preference categories may face longer wait times due to numerical visa limits. By understanding the steps and factors involved, applicants can better prepare for the family-based green card process and manage expectations about the timeline.
For those who are considering applying for a family-based green card, it is essential to stay informed about the latest updates from USCIS and the U.S. Department of State and to consult with an immigration attorney if necessary.
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- How Much Does a Green Card Sponsorship Cost a Company?
