Why are USCIS Processing Times So Long?

If you have a green card and you are considering bringing your family to the U.S., you might need guidance on where to begin. The process of obtaining green cards for family members can be complex, especially if you live outside the U.S. or if your family relationship is eligible for citizenship.

In such cases, it is crucial to seek the guidance of a knowledgeable immigration attorney. They can help you navigate the process and ensure that your family's immigration journey is as smooth as possible. Don’t hesitate to contact Ray Law International to schedule an initial case evaluation.

The Categories of Family-Based Green Cards

It's important to understand that not all green card applications are processed in the same way. Some categories have a limited number of immigrant visas (green cards) available annually, which can result in longer processing times. For instance, applications in the “family preference” categories often have to wait longer for green cards. On the other hand, there is an unlimited availability of green cards for “immediate relatives” with no waiting period. Being aware of these differences can help you prepare for potential delays and manage your expectations.

How to Apply for a Green Card for Your Family Member

Once an immigration official approves an I-130 petition or when an immigrant visa is immediately available, you can apply for a green card for your family member. There are two primary methods for this: adjustment of status and consular process. Many people use the adjustment of status visa. Understanding these two options and their requirements can help you decide the best approach for your situation.

Adjustment of Status for Family Member Green Cards

The adjustment of status path can only be used by immigrants already in the United States. Generally, these visas are limited to immediate relatives of U.S. citizens in the U.S. on a valid nonimmigrant visa who have entered the U.S. through lawful means. For example, suppose an international student from Argentina marries a U.S. citizen.

The Argentinian spouse can adjust their status immediately (assuming they are in the U.S. with a student visa). Alternatively, suppose the Chinese parents of a U.S. citizen visit their daughter using a tourist visa and decide to relocate permanently to the U.S. The parents can adjust their visa status to that of a permanent resident (green card holder). You will need to file multiple forms with the USCIS when petitioning for an adjustment of status, including the application, a petition for an alien relative, a form providing information for your spouse, an affidavit of support, and other documents.

Consular Processing

The consular processing path to a green card allows the immigrant to apply for a family-based green card through a U.S. embassy or consular office in a foreign country. Family preference applicants may use this process to lower the wait time. The Chinese sister of a U.S. citizen with a tourist visa may decide to relocate to the U.S. while on a tourist visa. The sister will usually have to return to China after their tourist visa expires. Staying after the expiration date can result in a green card being denied.