How long does getting a green card take?
Thanks for your question! However, the answer to it heavily depends on several different factors including, among other things:The type of green card you are seekingYour current qualificationsYour country of originThe service center that is processing your petitionAs such, I’ll go over the basic processing times for the broader categories of green cards to cover the basics. A green card is referred to as an “immigrant visa” by the USCIS. This is in contrast to the temporary “nonimmigrant visas” such as the H-1B. A green card grants the holder lawful permanent residence in the U.S., allowing that person to enjoy many of the benefits that citizens have.The main steps to most green cards are these:Your sponsor files a petitionThe USCIS receives and processes your petitionYou wait for your priority date to be currentYou either file to adjust your status or go through consular processingYou receive your green cardHere is a quick rundown on priority dates if you are not familiar with them. The date that the USCIS receives your petition becomes your personal priority date. Each month, the Department of State releases “final action dates” in a visa bulletin that you will need to keep track of. The final action dates are divided according to the type of green card as well as the beneficiary’s country of origin. Once your priority date matches or passes the date in your section, you can move onto the next step toward your green card. Keep in mind that this step could take no time at all or it could take years. It all depends on which section you are in. For example, someone from India who is applying for an F-4 green card will find much longer waiting times than someone from El Salvador who is applying for an EB-2 green card.There are several different avenues that you can use to obtain a green card, many of which have to do with your sponsor.Family-Based ImmigrationIf you decide to get your green card through your family, you will need a sponsor who is either a U.S. citizen or a green card holders themselves. Your processing time will heavily depend on who your sponsor is. If your sponsor is a U.S. citizen who is an immediate relative (such as a spouse, child, adopted orphan, or parent), then you will not have to wait for your priority date to be current before moving onto the next step. There are always visas available for immediate relatives.On the other hand if you are a married child, a child over the age of 21, or a sibling of a U.S. citizen or if you are the spouse or child of a green card holder, you will need to use the F classification of green cards. These almost always have long priority date waiting times, so you will need to check the visa bulletin to determine how long it will take for your green card.Employment-Based ImmigrationFor those that wish to have their sponsor be their employer rather than a family member, there are five main preference levels of green cards that can be avenues for you to get your immigrant visa.EB-1: This is for aliens with extraordinary achievement, outstanding researchers and professors, and multinational executives and managers.EB-2: This for those who have exceptional ability, those that have advanced degrees (master’s or higher), and those that qualify for a National Interest Waiver (which will allow you to self-petition).EB-3: This is for professionals (bachelor’s degree holders), skilled workers (with two or more years of experience), and other workers (with fewer than two years of experience).EB-4: This for specialty workers. Click here to see the list of occupations that qualify.EB-5: This green card is based on your investment rather than your employer. You need to invest at least $1 million in a U.S. business or $500,000 in a U.S. business in a rural or underemployed area.The EB-1, EB-2, EB-4, and EB-5 tend to have short priority date waiting periods, but that fluctuates regularly. Occasionally, the EB-1 category will be oversubscribed and the dates will backlog for several years. Like with the family-based immigration, it all depends on which visa you are applying for and where you’re from. The more people from your country that petition for your same green card, the more backlogged the dates will become.Keep in mind that, if your priority date will not be current for some time, the USCIS may wait to begin processing your petition until that time is closer. You must wait until both your priority date is current and your petition is approved before moving onto the next step.Premium ProcessingFor many cases involving the I-130 and the I-140 petitions, the USCIS takes an average of six months to process them, all things being equal. This is dependent on the particula service center that is processing the petition. If they are busy, it may take longer.One way to get around this is to use premium processing. This is an optional feature that is only available to certain green cards that use the I-140 (the EB-1C and EB-2 NIW are excluded from premium processing). By paying the $1,225 fee and filling out an I-907 form, you can have your processing time shortened to just 15 calendar days. Keep in mind that this does not improve your chances of being approved and you will still need to wait until your priority date is current. So premium processing is primarily useful for those with current priority dates or no dates at all (like for immediate relatives).Adjustment of StatusOnce your priority date is current and your petition has been approved, you can choose one of two options. If you are currently in the U.S. at this point under a valid nonimmigrant visa, you have the option to simply adjust your status from nonimmigrant to immigrant. To do so, you need to submit an I-485 form and wait the six months for approval. Premium processing is not available to speed up the I-485.Consular ProcessingOn the other hand, if you are outside the U.S. and not under a valid visa status, you will need to use consular processing. This means that you will need to travel to the U.S. consulate or embassy in your home country to participate in a one-on-one interview with a consular officer. While this may seem less convenient, it could be the faster and also the cheaper option depending on your situation. Consular processing is available to those that are inside the U.S., but is mandatory for those that are not. You will need to allow for several weeks for the the Consulate to schedule an appointment and for that appointment date to come.RFEsIf your petition is lacking in certain documents to support your petition (such as a marriage certificate, degree, or passport copy), then the USCIS may send a Request for Evidence (RFE) rather than reject your petition outright. If you receive an RFE, don’t panic. Just be sure to hand it to your attorney, who will help you respond in an effective and timely manner. RFEs can greatly affect the time it takes to process your petition.So there you have it. There are many different kinds of green cards and each one has a different processing time. It also changes depending on your country of origin, your particular situation. Even though I don’t know which green card you are interested in, I hope that this gives you a better idea of what the processing time will be like. Of course, your immigration attorney can give you a better idea of the time it will take.This answer is not to be considered as a substitute for legal advice and does not establish an attorney-client relationship.
What's the actual processing time for form I-130 for a petition received on May 5th (Nebraska service centre)?
We just got (Jan 9th 2018) the magic letter (Form I-797C) from Homeland Security that our petition for Greencard for my wife has been approved!!!! Our file date was the 25th of April, 2017 and it was processed by the Nebraska Center. So, 8 months and a few days for a process that we were told when we started in February would take “up to 90 days.”We are going through the consular route since we now live in Germany so this is just the first hoop that we have to jump through but it is the hardest, costs the most and takes the longest time.All our paperwork has now been forwarded to the National Visa Center for the creation of the actual Visa documents and forwards them to the US Consulate here in Germany. This, we have been told takes 30 to 90 days.The Consulate will then make an appointment for our interview and "biometrics" which includes fingerprints, medical info and so on. This can take 30 to 90 days also.When this is completed we are good to go! So.. that means that sometime after the first of March we should be on our way to Florida.Ed
How can I expedite an I-130 petition for my parents? I want them to be here for my first baby.
CONSULT AN IMMAGRATIOM LAWYER
How much time it ideally takes from I-130 petition approval to interview date?
The start of the process could be fairly quick, however the scheduling of interview and approval could take a while. Be ready for the whole process to take a minimum of 1 month (being very lucky, this is quite rare) to the normal 3 to 6 months time.Once you have received approval, then to the interview will be a matter of how busy and available the agents are, time of year seems to play a big part on it, during holidays things seem to stretch.Hold on, it will be over soon :)! Best of luck to all of you involved!
Can I enter the US on B1/B2 visa after my I-130 petition has been approved and my priority date is current?
Disclaimer: I am not a lawyerThe real question is, why would you need to enter on B1/B2 visa? Why not file for the next step and simply wait for relatively few months, now that your priority date is current?If you don't have the B1/B2 visa already, doesn't seem worth to apply.If you have the valid, non expired B1/B2 visa, and have visited the USA before, returning to your home country, without overstaying, and you still have strong ties to your home country that you can show (even when you intend to immigrate), and you will conduct a short visit with specific objectives that cannot wait, and you can convince the border agent of your intent to conduct this quick visit then go back to the home country, then you may use it, but you should understand it is harder.A couple of friends was able to do so, but it was a set of exceptional circumstances:- The green card holder left the USA to marry the non-holder- Got an expat job for a US company, which allowed him to keep the GC status with relevant ties to the USA, while living abroad to stay with his wife, visiting frequently the USA for work- Then after I-130 was approved, they were able to go together to the USA, with return tickets for both the GC holder and wife (with B1/B2 visa), as both still had jobs to return to abroad.- Now happily living in the USA, moving back there once the GC process for the wife got to the last stage.
How long does it take to receive an approval notice for the I-130 for a U.S. citizen parent petitioning an unmarried child over 21 years?
Which part of the process are you in? You get answers at different points in the process. The first part of sending in the paperwork can take around 3 months if you filled out everything correctly. If not, it will take a while for them to tell you what your missing. The second part, proving that you can financially support them as per the Governments income guidelines can take 6 months. You will have to provide 2 or 3 years of income tax returns, pay stubs, bank account proof and letter from your employer. The person you are petitioning for will also have to gather paperwork on their end. Court and criminal records, health records etc all translated into English by a legal translator. After all that, they will have the interview at the embassy which is fairly quick. Safe bet, 9 - 12 months. I’ve heard of 2 years or more though.
How can I proceed to the Supreme Court after 9 years for filling out a petition?
I consider the 9 years as a judgement or order by the lower court.According to the Supreme Court Rules, 1966A petition need to be filed within 30 days from the date of the order or judgement.So,No. You can't file a petition after 9 years.