Understanding The United States’ Family-Based Green Card Process

Many individuals in the United States have relatives residing in various nations, and they are curious about the possibility of bringing them over and getting a family-based green card. Indeed, it is feasible. If you are a US citizen or a permanent resident with family members abroad, you can apply for an immigrant visa to facilitate their relocation to the US. This step is crucial for obtaining a family-based green card, a cornerstone of the US policy aimed at family reunification.

Green cards are the official documents that grant you the right to reside and work in the US permanently. However, securing family-based green cards for your family abroad follows similar procedures, regardless of whether you are a US citizen or a lawful permanent resident. It is essential to be meticulous when applying for a family-based green card. This is why seeking the help of an immigration lawyer is advisable.

The duration of the process varies significantly based on various factors, including your current immigration status, the location of your relative, the relationship between you and your relative, and the relative’s circumstances. You may not achieve the best possible outcome if you are unfamiliar with the process. Therefore, it is important to understand the following aspects of the process.

Overview of a family-based green card

A family-based green card lets you move to the US with your close family, like your spouse, kids, parents, or siblings. But, if you are not that close, like your grandparents or cousins, you won’t qualify. If you get a family-based green card, you can stay in the US forever. You can pick any state you like to live in, go to school, and work for a company in the US. You can also get a driver’s license in the US and travel in and out of the country for certain times, and if you follow the rules of your visa, you might even be able to become a US citizen later on.

The number of family-based green cards you can get for some family members can be limited each year. If there is a limit, the US embassy will give the visas in order, starting from the oldest. So, if you applied before the limit for that year was met, your application will move forward. If not, you will have to wait until the next year or until your spot comes up.

Who can get a family-based green card?

There is a widespread misconception that if you relocate to the United States, you can bring your entire family over and secure family-based green cards. However, this isn’t the case. You cannot bring all your family members to the US or secure family-based green cards for everyone outside the US. Nonetheless, you can petition for a family-based green card as a US citizen. This is possible if the family member you are petitioning is either a close or a family preference relative.

This leads to two primary groups of family members you can petition to bring to the US for a family-based green card: those who are close family members and those who are family preference.

Close family members

If you are a US citizen and your close family member is eligible, you can apply for an immigrant visa immediately, bypassing the consular process. The minimum age requirement to apply is 21. Family members of US citizens can obtain visas and family-based green cards without any annual limit. For instance, if you are married and have unmarried children under 21, their parents (21 or older), and if you adopt a child from abroad or the US, you can secure family-based green cards for them as a US citizen.

Family preference

Family preference beneficiaries are issued visas annually but must endure a significant wait. There is a yearly limit on the number of visas available, and each country is allocated a certain number. This means that more individuals apply than available visas, leading to long waiting periods for those seeking to move to the US. The duration of these waits can vary from a few months to decades. The family preference system has four categories. The first includes the single children of US citizens.

The second includes spouses and children under 21 years old and unmarried children over 21 years old, among those with green cards. Children over 21 years old fall into the 2B category, typically resulting in longer wait times than other 2A categories. The third category includes the children of US citizens who are married. The fourth category includes the siblings of US citizens. If you are a family preference beneficiary, expect a lengthy wait, especially from a country with a high demand for US visas.

Waiting times can range from a few months to many years. Consulting with an immigration lawyer can help you better understand your situation.

The application

• Complete the right form.

The first thing you need to do is fill out the I-130 form. It is a form from USCIS that you can get for free online. If you are a US citizen or permanent resident, you need to get this form started. If you are unsure how to do it, chat with an immigration lawyer who knows about immigration for some advice. The I-130 form is important because it asks where the person you are applying for a family-based green card will go next. They need to be in the US legally, but there are a few exceptions.

If they are not in the US yet, they must go to the closest US embassy or consulate dealing with visas. You can usually find it on the embassy’s website. If you are applying for a family-based green card for your spouse, make sure you have all the proof that you are a US citizen or permanent resident (like a passport or a green card). You also need to show that your marriage is real and not just made up to get the family-based green card.

For others, you need to show that you are related to the person applying for a family-based green card (like a birth certificate). Filling out Form I-864 and any other documents you need to accompany the I-130 is also a good idea. Make sure you keep copies of everything you send in. Once USCIS gets your I-130 petition and checks it out, they will send you a receipt notice. If they don’t think the documents you have sent are strong enough, they will ask for more information through an RFE (request for evidence).

If you have met all the requirements, you will receive a Notice of Approval. This will tell you where your case is going from there.

• The processing abroad.

If you are not in the US or have a preference related to it, your case will be forwarded to the National Visa Centre (NVC). They will hold onto your file until your waiting period ends and visas become available (i.e., their current priority date). Family members can’t immediately enter the US (unless they qualify for another visa, which might not be the best option since US immigration could suspect they are just trying to quickly gain entry to the US with no intention of leaving).

Once your application is submitted, it becomes your “priority date.” The US Department of State updates the “priority date” in the Visa Bulletin each month. If a visa is immediately available or if it is available because you have a current priority date, the NVC will begin working on your case. They will provide you with numerous forms and guidelines. You can seek assistance from an immigration lawyer to navigate these forms and guidelines.

You must complete a new form, I-864, with all the necessary information and pay the required fees. You must also complete form DS-260 (online immigrant visa application and alien registration form). After completing all the forms, passing security checks, and paying all fees, they will forward your case to the consulate where your sponsor completed form I-130 for the beneficiary’s country.

You will then have to undergo a medical examination and a background check by the police and provide your biometric information. Following these steps, you will receive a notice for a personal interview.

• Personal interview.

The person you are applying for a visa must have an interview with a US consular official. Ensure you bring all the submitted documents and any additional proof of your relationship with the sponsor. The official will likely ask numerous questions about your relationship with the sponsor, any health issues you have had in the past, any criminal records, and more. If approved, you will receive a stamp on your passport.

Your passport is usually stamped two weeks after the visa interview. Navigating this process can be complex, but an immigration lawyer can help ensure your case progresses smoothly.

The timeline

Your visa type can change how long you wait for a family-based green card. People who are close family members get their family-based green cards quicker than those in the preference family category. This is because close family visas are always available, and there is no cap on how many you can get. On the other hand, waiting for family preference visas can take a long time, with some waiting for years.

Get help!

Watching families reunite with their loved ones in the US is amazing. But getting this done can be tiring and require a lot of effort. It would be best if you had the right support. That is why Gehi and Associates are here to help you. We have spent much time and effort helping families reunite in the US and have had great success doing so. Our immigration lawyers can help make it happen for you. If you have any questions or worries, feel free to contact us!