Family Based Immigration - U.S Area Immigration Services in India

Processing Time For Family Based Immigration In 2024

Obtaining a green card based on family status is one of the most coveted routes to permanent legal residency in the United States. Although many people who were born abroad have this as their dream, the process can take a while. 

The overwhelming volume of individuals seeking to obtain a green card based on family status and the annual cap on the number of U.S. green cards granted each year give rise to complications. Let’s examine the family based immigration processing timeline, variables that affect it, application processes, and more.

The entire process is made simple and easy by US Area Immigration Services. Begin your application process right now, and let experts handle your immigration process.

Processing Time for Green Cards Based on Family

The processing time for filing an AOS (Adjustment Of Status) to obtain a marriage green card is approximately six to ten months if the foreign partner is residing in the country and the spouse is a citizen of the United States. 

While you wait for your green card, you can also apply for a work permit and advance parole travel documents. The procedure takes a little longer (18–24 months) if the foreign partner is not in the United States.

As long as the applicant is in the country in a non-immigrant capacity, the U.S. sponsor and the beneficiary may file their I-130 petition and I-485 status adjustment form simultaneously because green cards are always available for this category. Concurrent processing is prohibited for close relatives living abroad. 

To apply for family based immigration through consular processing at a U.S. embassy or consulate in your country of residence, you must wait for the approval of your sponsor’s I-130 petition and for your priority date to become current.

At this stage, the embassy or consulate’s caseload will determine how long it takes to process an application. The timing of the immigration interview as well as other requirements related to consular processing must be taken into account.

Time Required to Process Family Application I-130

The current Form I-130 processing wait time for immediate relatives of a U.S. citizen, such as a spouse, unmarried child under 21, or parent living abroad, is 13.5 to 15 months, according to the most recent quarterly data released by USCIS. The current processing time for individuals who are in the United States is between 13.5 and 20.5 months.

As for the immediate family (spouse or unmarried child) of a foreign-residing U.S. green card holder, the Form I-130 processing time currently ranges from 33 to 37 months. On the other hand, for individuals who reside in the United States, the processing period lasts between 13.5 and 20.5 months.

When applying for a family based immigration, this is the first step. A U.S. citizen or holder of a green card must file this petition with the USCIS and include the necessary supporting documentation to demonstrate eligibility and a qualifying family relationship.

You will receive a receipt in the mail from the USCIS once they receive your petition. The sponsored foreign national will have to wait until a green card is available for their category if the petition is granted.

Applicants who are the direct relatives of citizens of the United States are exempt from this rule. As previously stated, they never have to wait for a visa number because as soon as the I-130 that was submitted on their behalf is accepted, an immigrant visa becomes available for them.

As long as the beneficiary is in the United States, the sponsoring family member may also expedite the process by simultaneously filing the I-130 and the I-485 adjustment of status application. Those who apply in this manner typically receive their green cards in six to twelve months. Before they can apply for a green card, immediate relatives who are not currently residents of the United States must wait for the approval of their I-130.

Green Card Categories and Processing Times Based on Family

Green cards granted to family members generally fall into two categories. They fall into the family preference category and are the direct kin of American citizens.

This second category includes certain extended family members of citizens of the United States as well as certain extended family members of lawful permanent residents. There are four subgroups in it: F1, F2, F3, and F4. 

The length of time it takes to process a green card application will depend on the relationship between the petitioner and the sponsored foreign national. Uncertain of the classification that your family members belong to? We can assist you in every way possible to bring your family to the United States.

Immediate Relative Green Card

For two main reasons, this specific visa category is more preferred than other family-based green card types. As long as the sponsor and applicant are qualified, there is no annual cap on the number of visas that can be obtained.

Additionally, unlike applicants for other categories, those for immediate relatives are not concerned about the waiting list for green cards. As soon as the USCIS receives the I-130 petition, the adjudication procedure begins. The green card will be available right away upon approval.

Subcategories of Family Preference

  • Family First Preference (F1): Sons and daughters of U.S. citizens who are single, as well as their under-21 children, are eligible for this subcategory of the family-based green card program.
  • Family Second Preference (F2): This pertains to lawful permanent residents’ spouses, unmarried sons and daughters (age 21 and up), and children under the age of 21.
  • The Family Third Preference (F3): It is for the married sons and daughters of U.S. citizens, regardless of age, as well as their under-21 offspring.
  • Family Fourth Preference (F4): If the sponsoring U.S. citizen is at least 21 years old, brothers and sisters of U.S. citizens, as well as their spouses and children under 21, may fall under this subcategory. 

How We Can Assist

The processing time for family based immigration is getting longer and longer every day. If you don’t file your petition correctly, things can get even more complex. A single error can result in denial or delay, both of which can be very expensive. You therefore require a skilled family-oriented green card consultant. 

US Area Immigration Services‘s highly experienced green card immigration consultants will help you file your petition. They will assist you in steering clear of the typical immigration pitfalls thanks to their experience and knowledge in the field. Start by taking a look at our family immigration plans.

Frequently Asked Questions (FAQs)

  • As a citizen of the United States, I am submitting a petition on behalf of my parents. In 2024, how long will it take?

For close relatives, the average processing time for an I-130 is 14–53 months. You can file Form I-485 simultaneously if your parents are already citizens of the United States.

  • How long will it take parents to process I-130 in 2024?

Close family members of an American citizen, like parents living overseas, usually have to wait 13.5 to 15 months for the processing of Form I-130. The current processing time for individuals who are in the United States is between 13.5 and 20.5 months.

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