How Long Does It Take to Petition a Married Son for a U.S. Immigrant Visa?

by | Jan 14, 2023 | Uncategorized | 0 comments

How Long Does It Take to Apply for a Married Son or Daughter to Become a Lawful Permanent Resident?

The third priority for family-based immigration is designated for married sons and daughters of U.S. citizens who are 21 years of age or older. A legal resident or green card holder may also sponsor his or her son’s or daughter’s green card application under this category.
However, because only 23,400 visas are issued each year, there is always a long waiting list for this preferred group. While the actual wait time varies from year to year, applicants in this category can anticipate a wait of 9 to 10 years after filing the original petition to acquire their visa from the National Visa Center. Individuals filing petitions from some countries, including Mexico, Dominican Republic, China, Philippines and India, may wait longer.

How long does it take to file a petition to bring married children to live in the U.S.?
Depending on the connection between the petitioner and the beneficiary, the time it takes to obtain permission on Form I-130, Petition for Alien Relative, can vary drastically.
Estimating I-130 processing times can be a challenge. However, understanding the distinction between the immediate relative and family preference categories and the basics of family-based immigration to the United States is tremendously beneficial.
There are a myriad of immigrant visas available for immediate relatives (spouse, children and parents) of U.S. citizens, and authorization can be achieved in 5 to 9 months. Since there is no visa cap for the immediate relative category, there is a short wait.
For all other categories, the time frame to receive Form I-130 approval can be much longer. Some categories may have a time limit of 5 months, while others may have a time limit of many years. The number of numbers

The number of immigrant visas available each year for the family preference categories is limited by law in the United States. The backlog causes the wait.

How Long Does It Take To Approve the I-130 Petition?

USCIS processes the I-130 petition with U.S. Citizenship and Immigration Services on a first-come, first-served basis within each category. As a result, it is critical to create a priority date and get on this waiting list as soon as possible. The petitioner must submit a well-prepared Form I-130 package with no errors or inconsistencies.
After filing the Form I-130, Petition for Alien Relative, the approval process for an immediate relative can take 5 to 12 months and may take several years for family preference categories. This is a rough estimate.
For some, it may be shorter, while for others, it may be longer. Don’t forget that you can monitor the status of your case online using your receipt number. The regular processing periods for an I-130 petition are also listed on the USCIS website. If you believe your case is taking longer than the standard I-130 processing period, you can file a case consultation. Your attorney can also help you with this.
If you need a visa attorney to provide you with legal advice on your immigration matters, do not hesitate to contact us at (512) 215-4407!

How long does the I-130 application process take?
USCIS will review the I-130 petition for completeness after receiving it. If a component is missing, USCIS may return the entire package to the U.S. petitioner or issue a letter (Request for Evidence or RFE) requesting the missing component.
This can be a problem, primarily if you already gave USCIS what you are requesting, but the processing facility misplaced it (not uncommon). If the item in question is simply a copy of a document, simply recopy it and submit it as instructed. However, if USCIS misplaced a check you wrote to pay the application fee, you may have to reject the check and write a different one, in the hopes that USCIS will not rediscover and try to cash the old one! (This happens all the time.)

 

Petition Timeline for Alien Relatives

The processing period for your I-130 petition will be determined by the family relationship and the local USCIS office where your form is received. Form I-130 processing times for immediate relatives (spouse, parent or unmarried child) of a U.S. green card holder (lawful permanent resident) now range from 13.5 to 19 months.
I-130 processing times for immediate relatives of a U.S. citizen currently range from 15 to 20 months (as of June 7, 2021). Processing times for family preference visas (e.g., siblings) can range from 13.5 months to 20 years or more. The sooner you start working on your I-130 application, the better.

Form I-103: The Purpose

If a lawful U.S. citizen wishes to retain an alien relative, he or she may need to complete Form I-103, Petition for Alien Relative, with U.S. Citizenship and Immigration Services.

Who can file Form I-103?

If you are a lawful permanent resident of the U.S., you can file Form I-103 for

  • Your spouse
  • Your unmarried children under the age of 21.
  • Your married sons and married daughters of any age.
  • Your brothers and sisters if you are 21 years of age or older.
  • Your parents , if you are 21 years of age or older.

You Cannot File Form I-103 If….

You cannot file the form if your relative, for whom you are filing the petition, falls into the following categories:

  • An adoptive parent or child if the adoption took place when the child was 16 years old or if the child has not lived with the parents for two years prior to the filing of the application.
  • A stepparent or stepchild, if the second marriage took place when the child is 18 years old.
  • A spouse, if you and your spouse were not physically present at the time of the marriage ceremony (and cannot provide a marriage certificate).

And many other specific cases. See this document for further assistance.

General Instructions for Filing Form I-103

To file the petition, there are some instructions you should know before you begin the process. You can find the form for free on the USCIS website. You can also obtain the form by mail by calling the USCIS National Customer Service Center at 1-800-375-5283.

1- Signing

You are required to sign each petition carefully and correctly. You may not use a stamp or a typed name in place of a signature. For a mentally incompetent person, a legal guardian may also be required to sign.

2- Filing fee

The filing fee for Form I-103 is $535. You must pay this fee in U.S. currency and your check must be drawn on a U.S. bank made payable to the U.S. Department of Homeland Security. Be sure to mention the name correctly instead of using your initials.

3- Biometric Service Fee

 

If you are filing this form with USCIS, you will not need to include a biometric service fee at the time you submit the petition. You will receive a biometric appointment notice to submit biometrics with instructions on how to submit the biometric fee.

4- Evidence

When submitting the form, you must include all necessary documents and evidence that you are a legal resident of the United States. If you submit the application without sufficient evidence, USCIS may issue a Notice of Denial for applications submitted without the required supporting documents. You will need a copy of your child’s birth certificate issued by civil authorities, legal permanent residency documents, and certain other documents.

Family-Based Green Card Processing Steps and Deadlines

The family-based green card is one of the most common methods of becoming a lawful permanent resident of the United States. Despite its popularity, the procedure is not as simple or as fast as many people believe. This is due to an annual restriction on the number of green cards issued in the United States.
Two hundred and twenty-six thousand family-based green cards are issued each yearWhile this may seem like a considerable amount, the number of applicants seeking a green card each year is often substantially higher.
This numerical cap, among other things, explains why some people apply for and receive their green card within a year or two, while others may have to wait a couple of years, if not decades. This is essentially determined by each applicant’s level of preference for family-based green cards.
Regardless of the relationship between the sponsor (the U.S. citizen or family member of the green card holder ) and the beneficiary (the person applying for the green card), the process for obtaining a family-based green card involves the following steps:

  • Complete Form I-130 (“Petition for Alien Relative”) to demonstrate the family relationship.
  • If the recipient is in the United States, complete Form I-485 (“Application for Adjustment of Status”).
  • If the recipient is not in the United States, complete Form DS-260 (“Application for Immigrant Visa”).

Immediate relatives of U.S. citizens would be eligible to obtain an immigrant visa number immediately. The time between completing the family relationship form and applying for a green card is the most important element in determining how long it takes to receive a green card. Nothing written here should be construed as legal advice for any specific case or scenario.
For further legal assistance, it is best to consult with an experienced immigration attorney.

Sibling Visa Petition Processing Times

Start-to-finish timeline:

  • 14-16 years for most immigrants.
  • 16+ years for Indian nationals.
  • 20+ years for Mexican nationals.
  • 24+ years for Filipino citizens.

Except for spouses, parents and minor children of U.S. citizens, there are annual restrictions on the number of persons entering the U.S. in all family-based green card categories. Everyone else is forced to wait in line for a green card. Read the Visa Bulletin reference page for additional information on how this system works and monitor your position in line.

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