What to Expect: Duration to Secure a Family-Based Green Card

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Processing times for green cards, officially known as lawful permanent resident cards, vary significantly based on multiple factors. Among the various categories of green cards, the most common are those based on employment and family relationships. The specific category of your green card, the nature of the qualifying family or employment relationship, and the location from which you are applying all influence the duration of the processing time. Additionally, backlogs at U.S. Citizenship and Immigration Services (USCIS) can further delay the process.

This discussion is dedicated to exploring the typical timelines for obtaining different types of family-based green cards. We will provide a comprehensive overview of the entire application process, from initial filing to final approval. Moreover, we will offer guidance on how to monitor the status of your green card application throughout its progression, helping you stay informed and prepared at every step. This information aims to give applicants a clearer understanding of what to expect and how to effectively navigate the family-based green card process.

Comprehensive Guide to Family-Based Green Card Processing Times

Obtaining a family-based green card through adjustment of status is a process that can vary significantly in duration. The total time it takes to receive a green card depends on numerous individual factors. Key influences on the timeline include:

  1. The relationship between the applicant and the sponsoring family member, and whether the sponsor is a U.S. citizen or a permanent resident.
  2. The applicant's country of origin.
  3. The location from which the green card application is filed.
  4. The need for USCIS to request additional information.
  5. Current backlogs at USCIS.

Given these variables, processing times can differ markedly across various categories. This article aims to outline the average processing timelines for obtaining a green card, specifically focusing on the applicant's relationship to the petitioner.It's critical to understand the differences between the petitioner, who is the family member who is sponsoring the application, and the beneficiary, who is the person who will receive the green card. This guide will help you understand the expected wait times and prepare accordingly for the different stages of the green card process.

Timeline for Obtaining a Marriage-Based Green Card

The processing time for a marriage-based green card varies significantly depending on several factors, including whether your spouse is a U.S. citizen or a permanent resident, and whether you are residing within the United States.

If Your Spouse is a U.S. Citizen and You Live in the U.S.:

Currently, the U.S. Citizenship and Immigration Services (USCIS) typically processes permanent resident cards within 18-22 months for applicants living in the United States. This is often the quickest route because it allows for concurrent filing, where you can submit Form I-130 (Petition for Alien Relative) and Form I-485 (Application for Adjustment of Status) simultaneously. During this waiting period, applicants can also apply for a work permit and an Advance Parole travel document.

If Your Spouse is a U.S. Citizen and You Live Outside the U.S.:

For those residing outside the United States, the processing time ranges from approximately 12.5 to 26 months, involving both USCIS and the National Visa Center (NVC).

If Your Spouse is a U.S. Permanent Resident:

Applicants whose spouses hold permanent resident status will face a processing time of about 18 months for USCIS to process the Form I-130. Following this, there will be an additional waiting period for a visa number to become available, which is indicated when your priority date appears in the U.S. Department of State's Visa Bulletin. Generally, it may take up to two years for a green card to become available, with the entire process potentially extending up to three years, especially for applicants from countries like Mexico, China, India, and the Philippines due to higher demand and longer backlogs.

If Your Spouse is a Green Card Holder and You Live Outside the U.S.:

Expect a waiting period of about 23-32 months or more to obtain a green card. This timeframe can vary based on processing speeds and the volume of applications being handled by USCIS and the NVC.

Timeline for Obtaining Green Cards for Children of U.S. Citizens and Permanent Residents

Minor Children of U.S. Citizens:

For children under 21 years of age, the green card process is relatively swift, typically taking about 10-13 months. Since there is no cap on the number of immigrant visas for these children, they can often secure a green card within a year after initiating the immigration petition process.

Minor Children of Green Card Holders

The process for minor children of green card holders generally extends between 23-38 months. After their sponsor files Form I-130, they must wait for a visa to become available. These children are categorized similarly to the spouses of green card holders, which usually results in somewhat shorter USCIS processing times compared to other family-based visa categories. On average, it takes about two years for a visa to become available, leading to a total of around three years to achieve permanent resident status. Delays may be longer for children from high-demand countries such as Mexico, China, India, and the Philippines due to larger numbers of applicants.

Unmarried Adult Children of U.S. Citizens

This group faces a longer wait, typically 7-8 years, to obtain a green card. The timeline can extend significantly for citizens of the Philippines (over 10 years) and Mexico (over 20 years), primarily due to substantial backlogs.

Unmarried Adult Children of Green Card Holders

The waiting period for these applicants is similar to that of unmarried adult children of U.S. citizens, generally around 8-9 years. Again, the process may extend beyond 10 years for Filipino citizens and over 20 years for Mexican citizens due to higher application volumes.

Married Adult Children of U.S. Citizens

For married adult children, the immigrant visa application process is even more prolonged, usually spanning 13-14 years. For those from the Philippines or Mexico, the waiting time can exceed 22 years, reflecting the extensive backlogs for these high-demand categories.

These timelines underscore the importance of understanding the specific visa category and country-specific caps that can significantly impact the duration of the green card process for children.

Green Card Processing Time for Widows and Widowers of U.S. Citizens

For widows and widowers of U.S. citizens, obtaining a green card typically takes about 10-13 months. Eligible widows and widowers must apply for immigrant status within two years following their spouse's death. The processing timeline for these applications is generally comparable to that for spouses of U.S. citizens.

Instead of the usual Form I-130, Petition for Alien Relative, widows and widowers need to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This form is specifically designed for individuals in special categories, including those who have lost a U.S. citizen spouse.

If your U.S. citizen spouse had already successfully filed an I-130 petition on your behalf prior to their passing, you do not need to file a new Form I-360. In such cases, you should notify USCIS about your spouse's death so they can continue to process your application under the widow(er) classification. This ensures that the application can proceed without the need to restart the immigration process from the beginning.

Green Card Processing Timeline for Parents of U.S. Citizens

The process for parents of U.S. citizens to obtain a green card typically spans about 10-13 months. Since there is no cap on the number of green cards available for this category, parents can usually secure their permanent residency status within a year based on their relationship to a U.S. citizen.

Timeline for Siblings of U.S. Citizens Obtaining a Green Card

Obtaining a green card for siblings of U.S. citizens generally spans 14-16 years, though this duration can vary significantly based on the applicant's country of origin. Specifically, siblings from India may face a wait of over 16 years, those from Mexico might wait more than 20 years, and those from the Philippines could experience delays exceeding 24 years.

It's important to note that unlike green cards for parents, spouses, and minor children of U.S. citizens, which have no annual limits, sibling applications are subject to caps that extend the waiting period substantially.

Ways to Track the Status of Your Green Card Application

To monitor the status of your green card application, it's crucial to know which USCIS field office or service center is handling your case. While your application is typically processed by the office to which you submitted it, USCIS may occasionally transfer cases to different offices. If such a transfer occurs, USCIS will notify you by mail.

If you applied from within the United States, your application would be processed by the U.S. Citizenship and Immigration Services (USCIS). To check the status of your application, you can use the online case status tracker available on the USCIS website, or you can contact the USCIS National Customer Service Center at 1-800-375-5283.

For either method, you will need your application receipt number, a 13-character identifier that starts with three letters followed by ten digits. This number is located on the top left corner of the receipt notice you received from USCIS after your application was accepted. This receipt number is essential for tracking the progress of your application through the USCIS system.

Applying for a Green Card from Outside the U.S.

If you are applying for a green card from outside the United States, your application will go through consular processing. Initially, USCIS will handle your application before forwarding it to the U.S. Department of State's National Visa Center (NVC). The NVC then sends your application to the U.S. embassy or consulate closest to your location.

Once your application is transferred to the NVC, you will receive an immigrant visa case number. This number, which consists of three letters followed by 11 numbers, can be found on the welcome letter the NVC sends you. You will need this number to check the status of your application online through the U.S. Department of State’s system or by calling the NVC directly at (603) 334-0700.

Best of luck with your green card application! I hope the process is smooth and successful.

Last Updated 07/22/24 10:58:56AM

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