How To Apply For A Green Card Through Family?

This page explains how U. S. citizens can petition for family members to receive a Green Card, fiancé(e) visa, or K-3/K-4 visa based on their relationship. To obtain a Green Card for your family member, you must file Form I-130, also known as the “Petition for Alien Relative”, and provide proof of your status as a permanent resident. Submitting this document is the first step to help an eligible relative apply to immigrate to the United States and apply for a Green Card.

US Citizenship and Immigration Services (USCIS) can help certain family members obtain a green card and get on the path to citizenship through family-based petitions. USCs can petition their spouses, children under 21, sons, and daughters over 21 who are U. S. citizens or permanent residents. If you are a lawful permanent resident or U. S. citizen and want to petition for a family member to get a green card, you will apply through consular processing.

U. S. immigration law allows certain noncitizens who are family members of U. S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships. Once USCIS approves the I-130 petition and a visa number is available, the foreign family member may apply for a green card. There are two basic paths to apply for the green card: consular processing and adjustment of status.

To apply for a Green Card as an immediate relative who is already in the United States, you must submit the following documentation and evidence:

1. File Form I-130 online, even if your relative is in the United States.
2. Provide proof of your status to demonstrate that you are a permanent resident.
3. Submit evidence of the qualifying family relationship.
4. File Form I-485, Application to Register Permanent Residence or Adjust Status.
5. If your relatives live in another country, you will file an I-130 petition with USCIS.

How Long Does It Take To Sponsor A Family Member For Green Card?

The approval process for Form I-130 petitions, especially for immediate relatives, typically takes about 10 to 14 months. However, the duration can extend for various reasons, ranging from several months to several years based on specific circumstances. Generally, I-130 applications take between 5 to 19 months for processing, with the USCIS handling petitions in the order they are received. Sponsors can facilitate a quicker process by submitting their petitions sooner. In some cases, approval might be delayed for up to six months, particularly if a family preference petition is filed, potentially leading to years of wait time.

Both the U. S. petitioner and the intending immigrant must gather numerous documents and complete various forms, beginning with the I-130 petition filed by the U. S. citizen or permanent resident who intends to sponsor their family member for a green card. Once the petition is filed, applicants seeking lawful U. S. residence must also navigate additional steps, which include filing Form I-485 for adjustment of status if they are already in the U. S.

Family-based immigration entails two stages: petition approval and visa availability. For immediate relatives, median wait times hover near a year, while backlog issues can lead to prolonged waits for applicants from certain countries. For instance, spouses of U. S. citizens typically wait around 10 months for marriage-based green cards, while siblings may face multi-year waits for their applications to be processed. Overall, the timeline is influenced by various factors, making it essential to understand the specific requirements and processes involved.

What Is The Difference Between I-130 And I-485?

Form I-485 ("Application for Adjustment of Status") and Form I-130 ("Petition for Alien Relative") are essential components of the family-based green card process in the United States. Form I-130 is filed by a U. S. citizen or Lawful Permanent Resident on behalf of a foreign national relative to establish a legitimate family relationship. It is the initial step toward obtaining a green card. In contrast, Form I-485 is the application that the relative, now an applicant for permanent residency, submits to adjust their status to that of a legal permanent resident.

Often, Form I-130 must be approved before filing Form I-485, though they can sometimes be filed concurrently. The primary focus of Form I-130 is to verify the authenticity of the familial relationship, while Form I-485 assesses the immigrant's eligibility and is the actual step to obtaining permanent residency status.

The intricate nature of these forms, alongside their respective roles in the immigration process, makes understanding their differences crucial for anyone assisting relatives through the immigration journey. Form I-130 establishes the relationship, and Form I-485 applies that relationship toward securing a green card for the beneficiary seeking permanent residency in the U. S.

How Long Does It Take To Process I-130 And I-485?

Processing times for immigration forms vary significantly. For legal permanent residents filing Form I-130 for a spouse, the timeframe ranges between 32 to 67. 5 months. Meanwhile, the current average processing time for Form I-485 across 89 field offices stands at approximately 20 months. To assess your specific timeline, identify your form, category, and processing office from your receipt notice. The easing of processing durations may depend on USCIS case loads and the specifics of the office handling the case.

While most immediate relative I-130 petitions are approved in 10 to 14 months, some exceptions may arise, with 2024 processing estimates ranging from 5 months to 10 years based on various factors. Family-based Form I-485 applications currently process in about 10 months. Applicants usually wait around two weeks for receipt acknowledgment post-application. Although processing for Form I-485 may take between 6 to 12 months on average, individual experiences vary widely, with some approvals occurring on the same day as I-130. Specific timeframes depend on additional requirements, the petitioner's status, and processing office efficiency. Always refer to the USCIS website for the latest updates on processing times.

Do I Need A Lawyer To File For I-130?

Filing the I-130 form to petition for an alien relative does not require hiring a lawyer, although legal assistance may enhance the success rate by ensuring proper preparation and submission. Currently, the filing fee for the I-130 petition is $535, but it will increase to $625 for online submissions and $675 for paper filings starting April 1, 2024. If sponsoring multiple qualifying family members, a separate I-130 petition and fee is mandated for each.

The form is straightforward, particularly for those proficient in English, with numerous online resources and an instruction PDF available on the USCIS website. No legal obligation exists for applicants to hire attorneys; many complete the paperwork independently without issues. However, consulting an immigration lawyer can be beneficial for those facing complexities in their cases. A U. S. citizen or lawful permanent resident at least 18 years old can file the I-130, providing evidence of their immigration status.

While it’s possible to navigate the process without legal representation, the intricacies of immigration law make professional guidance valuable for many individuals seeking family reunification. Attorneys must disclose if AI is employed in providing guidance, and while it’s not legally required to have a lawyer, consulting one can help avoid delays and ensure the best chance of success in this vital immigration step.

What Family Members Can Sponsor A Green Card?

U. S. immigration law prioritizes immediate relatives of U. S. citizens, consisting of spouses, unmarried children under 21, and parents, allowing them to immigrate without waiting lists. To secure a Green Card for these relatives, a U. S. citizen or lawful permanent resident (LPR) must file Form I-130 to petition for an alien relative, provide proof of their status, and submit evidence of the qualifying relationship, such as marriage or birth certificates.

U. S. citizens can sponsor certain family members for immigrant visas, ultimately leading to permanent residency and eventual citizenship. Immediate family members eligible for sponsorship include a spouse, unmarried children under 21, and parents, while LPRs can sponsor their spouses and unmarried children. Different preference categories exist for various relatives; for instance, U. S. citizens can sponsor siblings and married children under Family Preference Categories, while immediate relatives have no waiting period.

The article outlines who U. S. citizens and LPRs can sponsor, the processes involved, and the related visa types, such as the fiancé(e) or K-3/K-4 visa. Understanding these sponsorship pathways is essential for U. S. citizens and LPRs seeking to bring family members to the U. S. under family-based immigration laws.

Who Can Apply For A Green Card?

If you are a spouse, minor child, or parent of a U. S. citizen, visit the Green Card for Immediate Relatives of U. S. Citizens page for application information. Other family members can apply under specific "preference immigrant" categories. To qualify for a Green Card—officially known as a Permanent Resident Card—you need to meet eligibility criteria based on these categories. The application process differs based on individual circumstances. A Green Card allows for permanent residence and employment in the U.

S., leading to potential citizenship. There are multiple pathways to obtain a Green Card, such as through marriage, employment offers, or as a longtime resident if you have lived in the U. S. since January 1, 1972. Immediate relatives need to submit documentation like Form I-485, Application to Register Permanent Residence or Adjust Status. Applicants typically need to complete an immigrant petition alongside the Green Card application. Additional categories for eligibility include spouses, children, parents, and siblings of U.

S. citizens or Green Card holders. For those applying from outside the U. S., consular processing through a U. S. Department of State consulate is necessary. Familiarize yourself with required forms, eligibility criteria, and potential costs to navigate the Green Card application effectively.

Do I-130 And I-485 Get Approved Together?

Filing Form I-130 and Form I-485 concurrently provides important benefits in the immigration process, primarily by eliminating the waiting period for I-130 approval before submitting I-485. This method can significantly reduce overall processing time, offering a quicker resolution to your case. Concurrent filing is allowed for immediate relatives of U. S. citizens and certain preference relatives when a visa number is available. For example, a U. S.

citizen who petitioned for their minor unmarried step-child filed both forms together and received an EAD/PD combo card in just eight months. While it is possible to file the forms separately, concurrent filing is recommended to facilitate a faster green card approval process. Submitting these two forms at the same time means they are processed together by the U. S. Citizenship and Immigration Services (USCIS), thus streamlining the procedure. Although I-130 approval is typically a prerequisite for I-485 approval, concurrent filing can result in both being decided around the same time, especially in cases involving immediate relatives.

This method is not just about saving time; it can also save money and simplify the application process, making it a preferred option for eligible applicants. For more information, check the guidelines on your immigrant petition.

How Can I Get I-130 Approved Fast?

To expedite the Form I-130 process, it's essential to meet USCIS criteria, which include urgent situations and humanitarian needs. Filing an expedite request (Form I-907) can lead to quicker processing, often within 15 days, although the average approval time for immediate relatives typically falls between 10 to 14 months. Some individuals have experienced approvals in as little as 2 months. The expedite procedure prioritizes your case and can help ensure a faster decision.

Actions to speed up the process include submitting an expedite request with valid reasons, such as severe financial loss or urgent humanitarian circumstances. Additionally, maintaining a complete and error-free application can help avoid delays. Contacting the USCIS Contact Center or seeking assistance from the USCIS Ombudsman Office may also aid your case. Immigration specialists have noted that processing times have improved, with some cases being processed within 4 to 6 months.

Understanding the I-130 interview process and monitoring case progress are also crucial. While there are no guarantees for fast approvals, following these guidelines may enhance your chances of quicker processing and successful outcomes. For ongoing updates, you can use resources like visajourney. com to stay informed about processing times.

How Long Does The I-130 Petition Process Take?

The processing times for Form I-130, Petition for Alien Relative, can vary significantly based on multiple factors. If living abroad, the processing typically takes 29–40 months, while those residing in the U. S. can expect a similar timeframe for Form I-485 Adjustment of Status. For immediate relatives, the approval for Form I-130 generally occurs within 10 to 14 months, though it may extend longer in some cases. The average wait for petitions filed by U.

S. citizens is around 14. 3 months, compared to 10–23 months for those filed by permanent residents. Employment-based visa processing varies too, with Form I-140 averaging about 6. 9 months for regular processing and 21 days for premium processing. After submitting Form I-130, the National Visa Center (NVC) may take an additional 6 to 10 weeks for consular processing, pending backlog. It’s crucial to note that processing times reflect the workload of the USCIS office handling the petition and the nature of the family relationship involved.

Understanding these timelines can be pivotal for applicants navigating the U. S. immigration system. Overall, proper preparation and awareness of these processes contribute to a smoother immigration experience.

What Is The Minimum Income To Sponsor An Immigrant In 2024?

As of August 2024, the minimum income required for a household of two to sponsor a family member or spouse is $25, 550, based on the HHS Poverty Guidelines effective from March 1, 2024. A financial sponsor must generally demonstrate an income at least 125% of the poverty guidelines applicable to their household size. In 2024, for U. S. mainland sponsors, a single petitioner needs at least $39, 000 to qualify, while for larger families, the required income increases accordingly—$69, 500 for a family of eight, with an additional $6, 725 for each additional member.

Active duty military sponsors have slightly lower thresholds, requiring only 100% of the guidelines. Documentation of income, such as federal tax returns from the previous three years, is necessary to prove eligibility. The overall minimum income requirements have also seen increases for 2023, with the amount for a family of four rising from $34, 687 to $37, 500. For marriage-based green card applications, the minimum income requirement is the same at $25, 550 annually. These guidelines are essential for completing Form I-864, the Affidavit of Support, ensuring that sponsors meet the necessary standards for financial support to avoid public charge issues.

How Much Does The I-130 Petition Cost?

As of November 2024, the filing cost for Form I-130, Petition for Alien Relative, is $625 for online submissions and $675 for paper applications. If you are sponsoring multiple immediate family members, you must submit a separate I-130 application and pay the corresponding fees for each. It's important to note that while submitting Form I-130 is the first step in helping an eligible relative immigrate to the United States and obtain a Green Card, the filing or approval of this petition does not confer any immigration status or benefit.

The overall costs can vary; for instance, the minimum expense to petition a relative ranges from $1, 505 to $2, 975 per immigrant. The fee for Form I-130 stands at $535, though additional costs may accrue if you include other forms. Each submitted I-130 requires its own non-refundable filing fee. Although the fee structure can change, you can access the current fee information for Form I-130 on the USCIS website or through their Fee Calculator, which is designed to mitigate the number of applications rejected due to fee discrepancies. Overall, the complete consular processing, including the visa petition, approximates to $1, 340 in government fees.