If you want to get a family or marriage-based green card in the United States, you’re taking an important step in giving a more secure future to your loved ones, this guide will explain the key steps involved in the application process, and give you crucial information to help you navigate this successfully.
Citizen or Permanent Resident Files Visa Petition
This involves notifying the U.S. Citizenship and Immigration Services of your intent to sponsor an immigrant family member and proving the authenticity of the relationship.
The Visa Petition
To start the process, the petitioner must submit a visa petition, typically using USCIS Form I-130 and this form must be submitted with some other documents such as birth or marriage certificates and proof of the petitioner’s U.S. citizenship or permanent resident status. A fee is also required. If the immigrant is an immediate relative like spouse, parent, or unmarried child under 21 of a U.S. citizen and already lawfully resides in the U.S., they may be able to file for adjustment of status concurrently.
USCIS Decision on the Visa Petition
After submitting there is a waiting period while USCIS reviews the application, which can take several months or longer. If the petition is denied, you should address any issues and refile if necessary.
The Approval Process
Once the petition is approved, the case moves forward, for immediate relatives, the National Visa Center (NVC) takes over, requesting additional paperwork from the petitioner, such as proof of financial capacity (USCIS Form I-864). The case is then sent to the appropriate U.S. consulate in the immigrant’s home country.
Preference Relatives Only
These are spouses and children of green card holders or married children and siblings of U.S. citizens, there is an additional waiting period due to annual quotas.
Priority Date
The waiting period is based on the Priority Date, which is the date USCIS received the I-130 petition. Depending on demand and visa availability, this wait can be several years. It’s crucial to stay updated on your Priority Date status.
Immigrant Applies for an Immigrant Visa or Green Card
Once the visa petition is approved and a visa is available (for preference relatives), the immigrant must apply for permanent residence.
Consular Processing
Most applicants will apply for an immigrant visa at a U.S. consulate outside the United States. The NVC and the consulate will provide forms and instructions for a medical examination and an in-person interview.
Adjustment of Status
Some immigrants living in the U.S. can apply for adjustment of status at a USCIS office. It’s important to prepare and submit the application proactively, including a personal interview.
Receiving the Green Card
The final step is obtaining a physical green card.
Immigrant Visa Holders
Applicants who went through consular processing will use their immigrant visa to enter the U.S. and claim permanent resident status. They will receive their green card in the mail within weeks.
Adjustment of Status Applicants
Those who applied for adjustment of status within the U.S. will have their permanent resident status approved during or shortly after their interview. They will also receive their green card in the mail within weeks.
Obtaining a family or marriage-based green card in the United States is a multi-step journey that requires meticulous documentation, patience, and careful navigation of the immigration system. Moreover , understanding the eligibility criteria and application process is crucial for a successful outcome. By following these steps, you can move forward with confidence, knowing what to expect at each stage. Your dreams of reuniting with your loved ones in the United States are within reach, and this guide is here to help you achieve them.
