Establishing the family relationship is essential. Verification of the relationship between the petitioner and the applicant is necessary to confirm the latter’s eligibility for permanent residence. How long will this process take? The duration depends on various factors such as:

• USCIS workload when the petition is submitted;
• Applicant’s adherence to the agency’s submission requirements;
• The specific category of family members the applicant belongs to.

Though timelines may differ, most applicants will need to follow the procedures outlined below.

Receiving a Notice of Action

Assuming the petition was correctly submitted, U.S. Citizenship and Immigration Services will acknowledge its receipt and initiate processing by issuing a Form I-797C. Typically, this notification is dispatched within 2-3 weeks of submission. However, non-compliance with USCIS requirements may lead to rejection. Conversely, if errors occur during submission, the agency may issue a Request for Evidence, prompting the applicant to provide additional documentation. In either scenario, delays in approval can occur, highlighting the significance of accurately filing the petition and assembling all necessary documents.

Please be advised: The notice you receive contains a receipt number that you should retain, as it is necessary for checking the status of your case on the USCIS website. If you have not received the letter within a few weeks of submission, you are encouraged to submit an inquiry through the website.

Based on statistics, approximately 9 percent of petitions submitted to USCIS are rejected, with a higher percentage facing denial. Inadequate document preparation often leads to delays and potential issues with the applicant’s current status. However, our comprehensive guide to Form I-130 submission is designed to mitigate these challenges, ensuring that your documents are accepted by U.S. Citizenship and Immigration Services.

The Processing Of The Application

In practice, USCIS categorizes relatives into different groups, crucial for understanding application handling and approval timelines.

Immediate Relatives and Family Preference are the two main categories. Immediate Relatives, including minor children, spouses, and parents of American citizens, receive prioritized and expedited processing due to no visa limit for this group.

For Family Preference applicants, USCIS processing times are typically longer and vary based on priority within the group. Priority is determined by factors such as the petitioner’s relationship, with unmarried sons and daughters of citizens having higher priority.

Visa availability also influences processing. While USCIS may initially review Family Preference applications upon receipt, delays may occur due to backlogs or limited visa supplies. An applicant’s position in the waiting list is based on submission date, assuming proper procedures were followed.

Please be aware: If either the petitioner or the applicant relocates during this waiting period, it is necessary to notify the agency of the change of address by calling 1-800-375-5283.

Immediate Relatives Receive Approval

As previously mentioned, relatives other than minor children, spouses, and parents of American citizens belong to a different category. However, those listed applicants benefit from an unlimited number of visas available to them and typically experience a faster application response time. While this isn’t always the case, they can often expect approval within 5-9 months after submitting their documents to USCIS.

If the applicant resides in the United States and applies for adjustment of status, USCIS will handle the application after approving Immediate Relatives. Alternatively, if the applicant resides in another country, the approval will be forwarded to the National Visa Center to arrange an interview at a United States consulate in their home country. From this stage, the applicant will follow the adjustment of status timeline accordingly.

Family Preference Applicants Receive Approval

Given the limited number of visas available for this category of relatives, receiving approval from USCIS does not guarantee immediate issuance of the green card. Typically, Family Preference applicants must wait for immigrant visas to become available, progressing in the waiting list based on their priority dates (i.e., the date when the petition was submitted to USCIS).

In practical terms, this means that an applicant in the F1 category (having the highest priority within the group) may receive approval in as little as six months, but their application will not be forwarded to a United States consulate until a visa number becomes available. Additionally, it’s important to note that for other Family Preference categories with lower priority, approval may take significantly longer. Nonetheless, once approval is obtained, applicants can monitor their status through the Visa Bulletin published on the U.S. Department of State website.

Timeline for Petitioning Alien Relatives

The allocation of visas for foreign relatives of American citizens and lawful permanent residents is regulated by Congress and is subject to an annual limit. Coupled with country-specific limits, this often results in lengthy waiting lists for certain applicant groups seeking green cards.

Given the potentially extensive waiting times, it’s crucial to join the waitlist as early as possible. USCIS prioritizes applicants within each category based on the order of petition submission. Failure to submit a petition correctly can lead to delays, hindering USCIS approval and subsequent placement on the waitlist for a green card.

Note: Utilize online tools provided by USCIS, such as checking case status or processing times. If there are delays in your case processing, don’t hesitate to make an inquiry. Additionally, keep in mind that Form I-130 approval is just the initial stage of your journey, and there are further steps you need to familiarize yourself with.