The family-based immigration process generally begins with a U.S. citizen or Lawful Permanent Resident (LPR) filing Form I-130, Petition for Alien Relative on your behalf as the applicant. The I-130 petition establishes a qualifying relationship between the U.S. citizen or LPR and the applicant. The I-130 petition is also a request for issuance of an immigrant visa number.

While the U.S. citizen or LPR must file the I-130 petition, you must apply for the Green Card via an adjustment of status or consular process. In addition, the U.S. petitioner (i.e., the U.S. citizen or LPR) must prepare Form I-864, Affidavit of Support on your behalf to show that they have adequate means of financial support and are not likely to rely on the U.S. government.

There are two types of family-based immigrant visas:

Immediate Relative

Visa issuance is based on a close family member of a U.S. citizen, such as a spouse, child, or parent. The number of immigrants in these categories is not limited each fiscal year. U.S. citizens may also sponsor a foreign fiancé to travel to the United States for the purpose of marriage; the U.S. citizen must file Form I-129F, Petition for Alien Fiancé. The foreign fiancé will then be issued a nonimmigrant K-1 visa at a U.S. Embassy or Consulate to use for entry to the United States.

Family Preference

Visa issuance is based on the relationship of a more distant family member with a U.S. citizen, and certain specified relationships with an LPR. The number of immigrants in these categories is limited each fiscal year.

Even with a qualifying family preference relationship, you must demonstrate that you are not inadmissible to the United States. In other words, you do not pose a danger to U.S. society based on health concerns, immigration violations, criminal/security reasons, and other grounds of inadmissibility.

Adjustment of status is the process to apply for LPR status when you are physically in the United States. This means that you do not have to return to your home country to complete visa processing at a U.S. Embassy or Consulate. A request to adjust status to permanent resident is made by filing Form I-485, Application to Adjust Status.

While most immigrant visa petitions are filed in the United States, there are limited provisions for filing from outside the United States. Typically, immigrant petitioners may request to file at a U.S. Embassy or Consulate in certain limited circumstances, and only if filing for immediate relatives (spouse, unmarried child under the age of 21, or parent if the petitioner is 21 years of age or older). They must, however, remain in the country where the embassy or consulate is located for the duration of the visa application process.

Typically, if you entered the United States unlawfully or remained in the country in unlawfully status, you cannot change to a lawful status from inside the country; you must leave and ask for reentry through a U.S. Embassy or Consulate. There is a process that allows individuals in these circumstances to apply for a waiver in the United States before they depart for their immigrant visa interview. Relatives of U.S. citizens or lawful permanent residents who are physically inside the United States may request a provisional waiver of unlawful presence grounds of inadmissibility. However, if the provisional waiver is approved, you are still required to depart the United States to process your immigrant visa at a U.S. Embassy or Consulate. The approval of a waiver does not make you eligible for adjustment of status in the United States.

The time frame to receive an approval on Form I-130 can vary significantly depending on the petitioner and beneficiary relationship. It can be as short as five months for some categories but several years for other categories. Obtaining a Green Card can be a slow process, and the exact timeline will depend your particular situation. For instance, completing an AOS through marriage can take 10 to 13 months if the spouse is a U.S. citizen, or 29 to 38 months if the spouse is an LPR.

In addition, processing time will also vary depending on which U.S. Citizenship and Immigration Services (USCIS) office is processing the application.

Based on the information provided by you in your application and any background checks performed by USCIS, you may be required to attend an in-person interview in addition to the standard biometric screening.

After filing of the I-485 application, USCIS will mail you an appointment notice for a biometric screening. This is a relatively quick appointment at a USCIS Application Support Center to provide photo, fingerprints, and signature. USCIS uses the biometric data to conduct a mandatory criminal background check. Consular applicants will submit their biometrics during the interview process.

Several months later, USCIS will likely require an interview with you. In many cases, the relative that filed Form I-130 will also be required to attend. USCIS will provide the time, date, and location for an interview. USCIS uses the adjustment of status interview to confirm the information provided on the petition and the adjustment application. For consular processing, after USCIS approves the I-130 petition, it is sent to the National Visa Center (NVC), which directs you to complete certain forms, submit appropriate documents, and pay the fees. Once the NVC receives all the required documents, a U.S. Embassy or Consulate officer interviews you to determine your eligibility.  It is also an opportunity for the officer to see if circumstances have changed that may cause ineligibility. Generally, this is a quick interview that only lasts 20 to 30 minutes.

It’s important that you maintain eligibility throughout the process. Changes in your circumstances can affect the success of an application. The following changes may affect eligibility or visa availability and must be reported to the NVC.

The above changes require further review and an immigration attorney should be consulted.

If you leave the United States during the AOS process, the U.S. government will assume that the Green Card application has been abandoned, and the process will have to start over from the beginning. To avoid this, a request can be made for an “advance parole”, Form I-131, Application for Travel Document, which will allow you to travel abroad and be readmitted to the United States without interrupting the application process.

There are several ways an LPR can become a U.S. citizen through a process called “naturalization.” Once eligible to become a U.S. citizen, an LPR may apply by filing Form N-400, Application for Naturalization, with the USCIS.

You can get started with your citizenship or AOS application today with TrueVisa!