How long does it typically take to process a family-based green card application?
Family-based immigration is one of the most common types in the United States. The timeframe for obtaining a family-based green card depends on many factors.
There are two main types of family-based immigration in the United States. The type you apply for will have a significant impact on the length of time it takes to obtain a green card. Other factors will also impact the amount of time your case may take, such as your relationship to an American citizen or lawful permanent resident and where you are applying from. Our New York City immigration lawyer explains more below.
Immediate Relatives of American Citizens
Immediate relatives of U.S. citizens include spouses, unmarried children under the age of 21, and parents. U.S. citizens can file Form I-130 to establish a qualifying relationship with a foreign national relative who wishes to immigrate to the United States. If the spouse is already in the U.S., they may also be eligible to file Form I-485 at the same time to adjust their status. The concurrent filing process typically takes 10 to 13 months, depending on the service center and case specifics.
For spouses living outside the U.S., the process involves consular processing through a U.S. embassy or consulate. Although not subject to the visa bulletin, this route typically takes 12 to 18 months to complete due to case processing and administrative steps.
Family Preference Categories
Family members who are not an immediate relative of an American citizen fall into the family preference category. The number of family preference visas is capped every year, which means they take much longer to obtain. It is not uncommon for people to wait several years for a green card, while others stay more than ten years.
What Factors Affect Processing Times?
Again, many factors impact processing times for family-based green cards. These include:
- Availability of visas: The available number of visas in the Family Preference category will significantly affect the amount of time it takes to get a green card.
- USCIS processing times: The processing times at USCIS for specific forms, such as I-130, vary based on the particular office handling the case.
- Completeness of application: Applications that require additional information or further documentation will take longer to process than applications that are complete.
To reduce the waiting times, it is critical to ensure that your application is complete when you submit it. You can also use the USCIS website or create a USCIS account to track the status of your application online, which may inform you earlier that additional documentation is required. You may also be able to ask for an expedited process if you can show a compelling reason for it.
Call Our Immigration Lawyer in New York City Today
If you are applying for a family-based green card, working with our immigration lawyer can help. At Nunez Law, our experienced attorney can guide you through the process and ensure no mistakes are made so your application is processed as quickly as possible. Call us now at 917-708-1072 or fill out our online form to schedule a consultation with our attorney and to get the legal advice you need.