Typically, you need a petitioner in the United States. This can be a family member who is a U.S. citizen or permanent resident, or a U.S. employer.
Normally, people who want to apply for immigrant visas–or green cards–must have a petitioner in the United States. The petitioner may be a family member or an employer. ย However, employment-based immigration is much more difficult for the majority of foreigners, since it requires the applicant to possess high levels of education or skills that are in short supply in the United States. ย It also often requires a job offer from a U.S. employer, and proof that U.S. workers are not being displaced.
For that reason, the more common way that people outside of the United States apply for green cards is through family members. ย Only certain relatives can qualify as eligible petitioners. ย The best kind of petitioner to have is a spouse who is a U.S. citizen, or an adult child (over the age of 21) who is a citizen. ย If you are in this situation, then you have what is known as an “immediate relative” petitioner, and your green card will be “immediately available.” ย This means that after the Petition for Alien Relative (known as an I-130 petition) is approved, you don’t have to wait in line for a visa to become available before scheduling your visa interview with the consulate.
For people who have other family members, such as siblings or parents who are either U.S. citizens or permanent residents, the line for a green card is much longer. ย The estimated wait times for visa (green card) availability are summarized each month by the Department of State’sย visa bulletin. ย The length of the wait will depend on the “preference category” that the person falls under. ย Depending on theย preference category, an applicant may have to wait for only a matter of months, or up to nearly 20 years, for the visa to become available.
Typically, you need a petitioner in the United States. This can be a family member who is a U.S. citizen or permanent resident, or a U.S. employer.
For most individuals, family-based immigration is the more common path. Employment-based petitions often have strict requirements, such as advanced degrees or specialized skills, and proof that no U.S. workers are being displaced.
An “immediate relative” is the spouse, unmarried child under 21, or parent of a U.S. citizen. If you are petitioned by an immediate relative, a visa is immediately available upon approval of the initial petition, avoiding long waiting times.
The I-130 is the form that your U.S. citizen or permanent resident family member files to establish a qualifying relationship with you. Its approval is the first step in the family-based green card process.
If you are an “immediate relative,” you will not have to wait. For other family-based categories (like siblings or children of permanent residents), you will be placed in a “preference category” and must wait for a visa to become available according to the Department of State’s visa bulletin.
The wait time varies significantly. For immediate relatives, there is no wait. For other preference categories, the wait can range from a few months to nearly 20 years, depending on your relationship to the petitioner and your country of origin.
Yes, lawful permanent residents can petition for their spouses and unmarried children. However, these fall into preference categories that involve a waiting period, unlike petitions from U.S. citizen spouses or parents.
The green card process is complex and involves strict legal requirements, extensive documentation, and tight deadlines. An immigration attorney can provide crucial guidance to navigate the process, avoid critical errors, and advocate on your behalf.
Green Evans-Schroeder is conveniently located in Tucson and services clients throughout the area. If you would like more information or wish to schedule a consultation, please call us at either of our two office locations. Se habla Espaรฑol.
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