How long does the family-based immigration take?

How Long Does the Family-Based Immigration Process Take?

The family-based immigration process is a popular pathway for individuals seeking to join their loved ones in the United States. However, the timeline for this process can vary significantly depending on several factors, including the relationship to the sponsoring U.S. citizen or lawful permanent resident, the applicant’s country of origin, and the specific immigration category. Here’s a comprehensive guide on how long the family-based immigration process takes, featuring the most current and accurate information.

Immediate Relatives of U.S. Citizens

Immediate relatives of U.S. citizens include spouses, unmarried children under 21, and parents of U.S. citizens who are at least 21 years old. The process for immediate relatives is typically faster as there are no numerical limits on visas in this category.

1. Petition (Form I-130) Processing Time: 7 to 15 months.

2. Adjustment of Status (Form I-485) if in the U.S.: 8 to 14 months.

3. Consular Processing if outside the U.S.: 6 to 12 months after I-130 approval.

Total estimated time: 12 to 24 months.

Family Preference Categories

Family preference categories include more distant relatives of U.S. citizens and certain relatives of lawful permanent residents. These categories are subject to annual numerical limits, which can result in longer waiting times.

F1: Unmarried Sons and Daughters (21 years and older) of U.S. Citizens

1. Petition (Form I-130) Processing Time: 7 to 15 months.

2. Waiting for Visa Availability: 6 to 7 years, depending on the country of origin.

3. Consular Processing: 6 to 12 months after I-130 approval and visa availability.

Total estimated time: 7 to 9 years.

F2A: Spouses and Unmarried Children (under 21) of Lawful Permanent Residents

1. Petition (Form I-130) Processing Time: 7 to 15 months.

2. Waiting for Visa Availability: Currently current, meaning no wait time.

3. Adjustment of Status or Consular Processing: 6 to 12 months.

Total estimated time: 1 to 2 years.

F2B: Unmarried Sons and Daughters (21 years and older) of Lawful Permanent Residents

1. Petition (Form I-130) Processing Time: 7 to 15 months.

2. Waiting for Visa Availability: 5 to 6 years, depending on the country of origin.

3. Consular Processing: 6 to 12 months after I-130 approval and visa availability.

Total estimated time: 6 to 8 years.

F3: Married Sons and Daughters of U.S. Citizens

1. Petition (Form I-130) Processing Time: 7 to 15 months.

2. Waiting for Visa Availability: 12 to 13 years, depending on the country of origin.

3. Consular Processing: 6 to 12 months after I-130 approval and visa availability.

Total estimated time: 12 to 14 years.

F4: Brothers and Sisters of U.S. Citizens

1. Petition (Form I-130) Processing Time: 7 to 15 months.

2. Waiting for Visa Availability: 14 to 15 years, depending on the country of origin.

3. Consular Processing: 6 to 12 months after I-130 approval and visa availability.

Total estimated time: 14 to 16 years.

Factors Affecting Processing Time

Several factors can influence the processing time for family-based immigration, including:

• Service Center Processing Times: Different USCIS service centers may have varying processing times.

• Country of Origin: Applicants from countries with high demand may experience longer waiting times.

• Application Completeness: Incomplete applications or requests for additional information can delay processing.

• Changes in Immigration Law: Changes in U.S. immigration policies or laws can affect processing times.

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Conclusion

The family-based immigration process can be lengthy and complex, with wait times varying based on the relationship to the sponsor, visa category, and country of origin. By understanding these factors, applicants can better prepare for the process and manage their expectations.

For the most current information or if you need any legal assistance, please contact Liang Law at (408) 780-8862. We are here to help you with all your immigration needs.