Blog Post

After talking to multiple clients, including those who hired me to represent them before the U.S. Citizenship and Immigration Services – USCIS, and other prospective clients, I decided to create this post, which succinctly, I believe, addresses some of the frequently asked questions about family-based immigration benefits.

Question 1: AS A U.S. CITIZEN, CAN YOU PETITION FOR YOUR RELATIVES?

Yes, as a U.S. citizen, you can help the following relatives become U.S. permanent residents: children, spouse, parents, and siblings.

To get a Green Card for your relative, you (or your lawyer) start by filing Form I-130, Petition for Alien Relative. In some cases, if your relative (beneficiary of the petition) is legally present in the U.S., you (or your lawyer) can concurrently file both Form 1-140 and Form I-485, Application to Register Permanent Residence. However, if your relative (beneficiary of the petition) lives outside the U.S., then the approved petition will be forwarded to the U.S. Department of State’s National Visa Center, and the beneficiary can start the consular processing at a designated U.S. Embassy or consulate abroad.

Question 1(a): AS A U.S. CITIZEN, AND AFTER THE PETITION HAS BEEN APPROVED, HOW LONG WILL IT TAKE MY RELATIVE TO IMMIGRATE?

It depends.

Pursuant to the INA § 203(a), immediate relatives (spouses, unmarried children under 21 years of age, and parents) of U.S. citizens are given special consideration. For these relatives, there is no waiting list. Once your petition has been approved, the USCIS will forward the approved petition to the U.S. Department of State’s National Visa Center (NVC), and the beneficiary can start the consular processing at a designated U.S. Embassy or consulate abroad. There is no backlog.

QUESTION 1(b): CAN YOU TELL US MORE ABOUT OTHER RELATIVES VIS-À-VIS BACKLOG/WAITING PERIOD

While you (a U.S. citizen) can certainly file for other relatives other than those listed above, they fall into different preferences, pursuant to INA § 201–203:

For those relatives of the U.S. citizen, specifically unmarried sons and daughters (21 years of age or older), they fall under the first preference (F1).

For those relatives of the U.S. citizen, specifically married sons and daughters, they fall under the third preference (F3).

For those relatives of the U.S. citizen, specifically brothers and sisters, they fall under the fourth preference (F4).

Practically, even when the initial application has been approved, your relatives must wait for the availability of immigrant visas before they can immigrate to the U.S. This takes between 10 to 22 years, if not more, based on the current visa bulletin. The U.S. Department of State publishes a monthly visa bulletin, which provides information about priority dates and rough estimates of how long you have to wait to get an immigrant visa. Patience is a virtue here.

QUESTION 2: AS A PERMANENT RESIDENT, CAN YOU PETITION FOR YOUR RELATIVES?

Yes, as a green card holder, also known as a permanent resident, you can only help the following relatives become U.S. permanent residents: children and spouse.

Question 2(a): AS A PERMANENT RESIDENT, AND AFTER THE PETITION HAS BEEN APPROVED, HOW LONG WILL IT TAKE MY RELATIVES TO IMMIGRATE?

It depends.

There are two different preferences, pursuant to INA § 203 and INA § 216 (8 USC 1186a):

For those relatives of permanents residents, specifically spouses of green card holders and unmarried children (under 21), they fall under the second preference (F2A). As of July 2022, this preference is current, meaning that all qualified applicants are authorized. There is no waiting period/backlog.

For those relatives of permanents residents, specifically unmarried adult sons and daughters, they fall under the second preference (F2B). Practically, even when the initial application has been approved, your relatives must wait for the availability of immigrant visas before they can immigrate to the U.S. This take between 5 to 10 years, excluding China-mainland born, India, Mexico, and Philippines. The U.S. Department of State publishes a monthly visa bulletin, which provides information about priority dates and rough estimates of how long you have to wait to get an immigrant visa.

DO YOU HAVE ADDITIONAL QUESTIONS?

I certainly hope so. When some of my current clients first reached out to me, they had questions, and I am pretty sure that prospective clients have more questions, too. Family-based immigration requires a clear understanding of some technical procedures, laws, and precedential and non-precedential decisions, and I am happy to provide clear answers to any pertinent questions that this article did not cover.

Talking to a lawyer, who can fiercely advocate on your behalf, is highly recommended. That is where my firm comes in. Because of the complexity of this area of law, I provide different services to prospective clients. If you want a full package (end-to end processing), I will be happy to provide that. If you want a limited package, I will be happy to provide that as well. The advantage of hiring a lawyer is that you have a go-to person to advocate, represent and diligently counsel you at every step of the way, mitigating the inherent risks involved in your application.

And you can count on my law firm to represent you diligently. When I decided to start a firm dedicated to immigration law, I knew that I could bring the same level of agility, problem-solving skills, and creativity, which I used to solve complex problems in the business world, to my firm. To the extent possible under the law, I will provide you with unparalleled legal services.

Wherever you are in your immigration journey, my law firm will be happy to represent you.

For a free 15-minute consultation, contact the attorney-in-charge of The Law Office of Akintunde F Adeyemo, PLLC:

Akintunde F. Adeyemo, Esq.

Attorney, Counselor & Solicitor

734-318-7053 (Call, Text, Including WhatsApp)

Email address: info@akinalaw.com

The information in this article is for general information purposes only. Nothing in this post should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.