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The question: “how long does it take to get a family-based green card?” may be complicated to answer. While general processing times can range from months to years, the wait for a Family-Based Green Card can vary depending on several factors. This can be a frustrating time for families eager to be reunited.
A family-based green card allows a foreign national to live permanently in the U.S. based on a close family relationship with a U.S. Citizen or Green Card Holder. In this article, our Phoenix immigration lawyers will explore the different stages of the application journey and the factors that can influence processing times.
Family-Based Green Cards Explained by a Lawyer
We understand the importance of being with loved ones. A Family-Based Green Card can bridge the gap and allow certain foreign nationals to apply for permanent residency in the U.S. based on a close family relationship with a Green Cardholder or U.S. Citizen.
An experienced Phoenix Green Card lawyer can assess your specific situation, including your family relationship and your current immigration status, to determine which Family Preference Category may be the best fit for you.
Some of the most common types of Family-Based Green Cards are:
- Marriage-Based Green Card. This card offers a path to permanent residency for spouses of U.S. citizens after meeting specific eligibility criteria, such as proof of a bona fide marriage.
- Family Preference Categories. These categories are for parents, unmarried children under 21, and married children of any U.S. Citizen (along with their minor children). They can help families stay together and create a stable future in the U.S.
If you’re unsure about your eligibility or have questions about the Family-Based Green Card process, don’t hesitate to reach out to an immigration lawyer. They can provide personalized guidance and ensure you’re on the right track towards reuniting with your family.
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Family-Based Green Card Eligibility Requirements
Here’s a breakdown of some general eligibility requirements, but remember, these can vary depending on your unique circumstances. An experienced immigration lawyer can provide a more tailored assessment of your eligibility for a Family-Based Green Card and guide you through the entire process.
Valid Family Relationship
You’ll need to provide the U.S. Citizenship and Immigration Services (USCIS) with documented proof of your qualifying relationship to a U.S. Citizen or Green Card Holder sponsoring you, such as a Marriage Certificate or Birth Certificate. This establishes the basis for your Green Card application.
Form I-130 Petition Approval
The first step is for your U.S. Citizen or Green Card Holder relative to file Form I-130, Petition for Alien Relative, on your behalf. This petition is a formal request to USCIS to recognize your family relationship. Approval of this petition is crucial before you can move forward with the Green Card application itself.
Eligibility for Adjustment of Status
If you are currently in the United States with a valid nonimmigrant visa, you may be eligible to apply for an Adjustment of Status to become a Green Card holder without leaving the country (Concurrent Filing). This can be a more streamlined process than Consular Processing, which involves applying for a Green Card from a U.S. Consulate or Embassy abroad.
Other considerations
Additionally, USCIS may consider some other factors when evaluating your eligibility, such as:
- Criminal Background. A serious criminal history can be an obstacle, but an immigration lawyer can advise you on how this may impact your case.
- Unlawful Presence. The amount of time you may have spent in the U.S. without authorization can be a factor. There are waivers available in certain situations, and an attorney can explore your options.
- Medical Examination. You may be required to undergo a medical examination by a USCIS-approved doctor.
Remember, this is not an exhaustive list, and immigration law can be complex. If you have questions about your eligibility or the Family-Based Green Card process, consult with an immigration lawyer. They can provide you with personalized guidance and ensure you understand the eligibility requirements specific to your situation.
Things You Should Know About Family-Based Green Cards
The journey toward a Family-Based Green Card can be filled with hope and anticipation but also uncertainties. Here are 5 key things to keep in mind:
Green Card Processing Times Can Vary
Processing times for Family-Based Green Cards depend on several factors, including your specific eligibility category, the current workload at USCIS Service Centers, and, if applicable, National Visa Center (NVC) processing times. An immigration lawyer can explain how long it takes to get a green card.
Visa Bulletin is Your Guide
The Department of State releases a monthly Visa Bulletin that provides an estimated timeframe for when your priority date (based on the I-130 petition filing date) becomes current. A current priority date essentially means visa applications in your category can be processed. This resource can help you manage expectations throughout the waiting period.
Strong Evidence is Key
Providing USCIS with all the necessary documents and evidence to support your application from the start can help avoid delays due to Requests for Evidence (RFE). These requests can add extra time to the process. An experienced immigration lawyer can guide you on what documentation is required and ensure your application is complete.
The Family-Based Green Card process can involve complex forms and legal procedures. An immigration lawyer can assess your eligibility, recommend the appropriate forms, ensure the correct filing fees are included, and represent you throughout the process. This can give you peace of mind and ensure you’re navigating the system correctly.
Our immigration lawyers
Talk to a Family-Based Immigration Lawyer in Phoenix at No Cost
The path to reuniting with loved ones through a Family-Based Green Card can be complex and filled with questions. At times, the legalities and waiting periods may feel overwhelming. This is where a family-based immigration lawyer can be a valuable resource.
Our lawyers at New Frontier Immigration Law understand the emotional weight of navigating the immigration system. Our team is committed to providing compassionate and knowledgeable guidance throughout your Family-Based Green Card journey. A free consultation can be the first step towards reuniting with your family and building a secure future in the U.S. Contact us today.
