Family-based immigration to the United States is a primary pathway for U.S. citizens and lawful permanent residents (green card holders) to bring their close relatives to live permanently in the U.S. This immigration option is rooted in the belief that family reunification strengthens communities and supports the values of family unity. However, the process can be long and complicated, especially when it comes to processing times for green card applications.
In this blog, we’ll explore the different types of family-based green card categories, factors affecting green card processing times, and an overview of the average wait times for various family-based green card petitions.
Overview of Family-Based Immigration Categories
Family-based immigration is divided into two main categories: Immediate Relatives and Family Preference Categories.
1. Immediate Relatives
Immediate relatives of U.S. citizens are given the highest priority in the immigration system. This category includes:
- Spouses of U.S. citizens
- Unmarried children (under 21) of U.S. citizens
- Parents of U.S. citizens (if the U.S. citizen is 21 or older)
Immediate relatives are not subject to annual visa caps, which means there is no limit to the number of visas that can be issued each year. As a result, green card processing times for this group are generally shorter compared to those in family preference categories.
2. Family Preference Categories
The family preference categories cover relatives of both U.S. citizens and lawful permanent residents. Unlike immediate relatives, family preference immigrants are subject to numerical limits, and the processing times can vary greatly depending on the availability of visas in each category.
The family preference categories are divided into four groups:
- F1 (First Preference): Unmarried adult children (21 or older) of U.S. citizens
- F2A (Second Preference, A): Spouses and unmarried children (under 21) of lawful permanent residents
- F2B (Second Preference, B): Unmarried adult children (21 or older) of lawful permanent residents
- F3 (Third Preference): Married children of U.S. citizens
- F4 (Fourth Preference): Siblings of U.S. citizens (if the U.S. citizen is 21 or older)
Because family preference categories are subject to annual visa limits, the wait times for green cards can be significantly longer, depending on the applicant’s priority date and the visa bulletin’s cutoff dates.
Factors Affecting Green Card Processing Times
The processing time for a family-based green card can vary depending on several factors, including:
1. Immediate Relatives vs. Family Preference
As mentioned earlier, immediate relatives of U.S. citizens have a faster green card processing time because they are not subject to annual visa caps. Family preference categories, on the other hand, face longer processing times due to the limited number of visas available each year.
2. Priority Date and Visa Bulletin
For family preference categories, processing times are influenced by the priority date, which is the date the green card petition (Form I-130) was filed. Applicants must wait until their priority date becomes “current,” meaning there is a visa available for their category and country of origin.
The Visa Bulletin, published monthly by the U.S. Department of State, shows the cutoff dates for each family preference category and country. If an applicant’s priority date is earlier than the cutoff date for their category, they can proceed with the next steps in the green card process.
3. Country of Origin
Certain countries with high levels of immigration to the U.S., such as Mexico, the Philippines, India, and China, often have significantly longer wait times for family-based green cards due to the per-country visa limits.
4. USCIS Processing Backlogs
U.S. Citizenship and Immigration Services (USCIS) processing times can vary depending on the agency’s workload and backlogs. Factors such as staffing shortages, changes in immigration policies, or increased application volumes can contribute to delays in processing petitions.
5. Additional Documentation or Requests
If USCIS issues a Request for Evidence (RFE) or the National Visa Center (NVC) requests additional documentation, the processing time for a green card application can be further delayed.
Average Processing Times for Family-Based Green Cards
1. Immediate Relatives (Spouses, Children, Parents of U.S. Citizens)
- Filing Form I-130 (Petition for Alien Relative): Processing times for Form I-130 for immediate relatives of U.S. citizens typically range from 6 to 12 months, depending on USCIS workloads and any backlogs.
- Adjustment of Status (Form I-485): If the immediate relative is already in the U.S., they can file Form I-485 (Adjustment of Status) concurrently with Form I-130. The processing time for Form I-485 can range from 8 to 14 months.
- Consular Processing: For relatives outside the U.S., after USCIS approves Form I-130, the case is transferred to the NVC. The consular processing phase usually takes 3 to 6 months to complete, depending on the U.S. embassy or consulate’s workload.
Overall, the processing time for immediate relatives is typically around 12 to 18 months, but this can vary depending on the specific circumstances of the case.
2. Family Preference Categories
Due to the annual visa caps, family preference categories often have significantly longer processing times compared to immediate relatives. Below is an estimate of the wait times for each preference category as of 2024:
F1 (Unmarried Adult Children of U.S. Citizens): 7 to 8 years for most countries; 15+ years for applicants from Mexico and the Philippines.
F2A (Spouses and Unmarried Children of Permanent Residents): In recent years, this category has been “current,” meaning there has been no significant backlog. Processing times are typically around 2 years.
F2B (Unmarried Adult Children of Permanent Residents): 6 to 7 years for most countries; 20+ years for Mexico and 10+ years for the Philippines.
F3 (Married Children of U.S. Citizens): 12 to 13 years for most countries; 22+ years for Mexico and the Philippines.
F4 (Siblings of U.S. Citizens): 13 to 14 years for most countries; 20+ years for Mexico and the Philippines.
3. Processing Times by Country
Applicants from countries with high demand, such as Mexico, the Philippines, China, and India, face much longer waiting periods in family preference categories due to the per-country visa limits. For example:
- Mexico: Siblings of U.S. citizens (F4 category) can expect to wait over 20 years for their green card.
- Philippines: Married children of U.S. citizens (F3 category) may wait more than 22 years before their priority date becomes current.
4. USCIS and Consular Processing Delays
For applicants outside the U.S., delays at U.S. embassies and consulates can further extend the wait time for family-based green cards. The COVID-19 pandemic, for example, led to the closure of consulates and reduced capacity for visa processing, causing significant backlogs in family-based immigration.
Tips for Shortening Processing Times
While many factors affecting green card processing times are beyond the applicant’s control, there are steps families can take to reduce potential delays:
Submit Complete Applications: Ensure that all forms, including Form I-130 and Form I-485, are filled out completely and accurately, and that all required supporting documents are provided upfront.
Respond to RFEs Quickly: If USCIS issues a Request for Evidence (RFE), respond as quickly as possible with all the requested information.
Track Your Priority Date: Regularly check the Visa Bulletin to stay informed about your priority date and ensure that you’re ready to proceed when it becomes current.
Follow Up with USCIS: If your case seems to be stuck, you can contact USCIS or seek assistance from an immigration attorney or the office of a U.S. senator or representative.
Conclusion
Family-based green card processing times can vary greatly depending on the type of relationship, the applicant’s country of origin, and current visa availability. While immediate relatives of U.S. citizens enjoy relatively short processing times, those in family preference categories may face wait times spanning several years or even decades. Being well-informed about the factors that affect processing times and staying on top of visa bulletins can help families navigate the green card process more effectively.
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