The Process
This is the first step to a two-step process for obtaining a green card for your family. You fill all the forms and collect the evidence to prove your relationship and submit these to the US Citizenship and Immigration Service. You also have to pay the government fee. The US Immigration Service checks all your documents to make sure that you are related to the person you are sponsoring.
Timeline depends on Eligibility Criteria
Most often clients ask us how long it will take to bring their family to the US. And as attorneys, we always say – it depends. It depends on how close your relationship is to your family, and what your status is in the US. It is always easier – and much faster - for US Citizens than green card holders to bring their family members into the US.
Below are the main groups of individuals who can file for their family’s green cards:
- US Citizens can sponsor their
- Husbands and wives
- Unmarried Children under 21 years of age
- Parents
- Sons and Daughters over 21 years of age
- Brothers and Sisters
Green Card holders can file for their
- Husbands and wives
- Children under 21 years of age
- Unmarried Sons and Daughters over 21 years of age
Green card holders cannot sponsor their parents.
US Citizens Filing for husbands/wives, parents and young children.
If you are a US Citizen who wants to file for your husband/wife, minor children or parents you are in the fastest process. This is because spouses, children and parents are considered immediate relatives and they get preferential treatment. There are no yearly limits on how many green cards the government will issue in this category.
If your relative is already in the US, you can file for their adjustment application (step two) when you file for the I-130 petition (step one). The Immigration Service will process both petitions together, saving many long months in the process.
US Citizens Filing for Adult Children, Brothers and Sisters.
If you are a US Citizen, you can also sponsor your adult children, brothers and sisters.
If you are a green card holder, you can sponsor your spouses and children.
Because the government does not consider that grown up children and brothers/sisters are as close to you as your husband/wife, parents or your young children, these categories has very low preference. This means that it take many years – sometimes over a decade, to get a green card.
Every year there is a limit for how many green cards are approved in these categories. There are also limits on how many green cards are issued to relatives from different countries every year. Because so many people from India, China, Mexico and Philippines file every year, the queue for relatives in these categories is always many many years behind for these countries.
How to know when your case will be processed
If you are a US citizen filing for your immediate relatives, the case is processed right away. For everyone else, there is a delay. If you want to check when you can file Step II for your case, you can always go to the Department of State’s website.
The DoS publishes a Visa Bulletin each month where they list the cut-off date of the petition they are processing in every category. Your priority date is the date you filed the 130. You can find this on the receipt notice you get from the USCIS when you file the I-130.
If you had filed the I-130 before the cut-off date, you can file for adjustment or consular processing (step II). If the cut-off date on the Visa Bulletin is before your priority date, you have to wait.
For Example
If you filed a I-130 for your wife on March 1, your priority date is March 1.
If you are a US citizen, you can file for her adjustment / consular process right away. You never need to check the Visa Bulletin, because wife of a US citizen is an immediate relative. No quota or queue applies to your case.
If you are a green card holder, you have to check the date on the Visa Bulletin (cut-off date).
- If the Visa Bulletin cut-off date is after your priority date of March 1, you can file right away. This is because the government has processed all the cases it received before your case was filed and they have sufficient spaces left in the annual and per-country quotas.
- If, on the other hand, the Visa Bulletin cut-off date is before your priority date of March 1, you must wait till the Visa Bulletin date reaches your priority date of March 1. The government has already received sufficient cases before yours to fill the quota for your country and also the worldwide quota in your category.
How We Can Help
As attorneys we help our US citizens and green card holder clients in bringing your family members to the United States. We help you collect all the documents, complete all the forms and answer any questions the Immigration Service may have. We also help you plan the timeline so you know when your family member can be in the US with you. When we talk with you, we are always thinking of how to make the filing easier, faster, and cheaper for you. Our attorneys look at all your documents and suggest options that might make the process faster for you. We walk you through the do-dont’s after we file so your case goes forward smoothly. And we help you prepare in advance so you don’t lose any time.
To fully explore your specific situation and to get advise from us or to retain us to be your attorneys, please click here
Awards & Memberships
Testimonials
More Than An Attorney
There are people you meet who leave such a positive impression that you will always remember them. My wife and I truly will never, ever forget Anu Gupta. She is much more than an attorney – she gave legal counsel, yes, but she also provided emotional support, tremendous compassion and words of wisdom while me and my family were dealing with my son's medical condition and subsequent visa issues. ...After the hospital mismanaged the extension filing of our B-visas and failed to notify us, we learned that our status was nearly expired. When we tried to file a motion, it was denied because the deadline had passed. I feared that I would have to return home with my son, and the risk of infection was high. We spoke to several attorneys, but none thought our visa issue could be resolved, and they showed very little sensitivity to our personal situation.
It was completely different with Anu. When I shared our story, I could see tears forming in her eyes. She cared. She was very professional in explaining what needed to be done, and I was impressed immediately. But I was most surprised by her conviction to do the right thing so my son and family could stay in the U.S. for his treatment. And she did what no one else said could be done: She resubmitted our Motion to Reopen, it was accepted and our visas were extended within two months.
When I talked with Anu, I felt like I was talking to my sister – someone who really cared about what I was going through. She has a place in our hearts forever.
--(Name withheld for privacy)
**A note from Anu: This client came to the US for cancer treatment for his very young child. When he came to us, the extension of the tourist visa had been denied. Our attorneys worked hard to have the denial overturned so the child could continue to receive life-saving treatment in the US and the child's accompanying family be allowed to stay with the child.
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Great And Knowledgeable
Anu is a great and knowledgeable person. I went to many lawyers about my case and many didn't take it because it was out of their scope, and those who did want to take my case didn't know how to handle it and it made me anxious because it was time sensitive. I met Anu through Avvo and it was a great choice! ...Everything was on time and she knows immigration laws very well. I asked a lot of questions and she answered them with great knowledge. Highly Recommend.
--(Name withheld for privacy)
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Extremely Talented Immigration Attorney
Anu is an extremely talented Immigration Attorney whom I recently hired to work on my immigration case. She is hard-working dedicated professional who is a person of high integrity. She has always offered the best possible advice to me. She and her team were able to file my petition in a very timely fashion. ...In situations that demand attention, you will find Anu approachable and very comfortable to talk to. On many occasions, I have been able to reach Anu directly and get my questions answered in no time. I would highly recommend Anu to anybody who is looking for an attorney who is trustworthy and reliable. You will not be disappointed! I am glad to have hired her.
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