Last Updated on March 1, 2013
Certain family relationships may qualify an individual for a U.S. green card. They are often subject to long waiting periods due to annual quotas. Contact us to find out the waiting period for your particular situation.
|Marriage to a U.S. Citizen qualifies one for a green card. The INS take a very serious look at the validity of the marriage and that it was not simply for immigration purposes.
There is a visa for fiancees of U.S. citizens.
|First Preference: Unmarried children of U.S. citizens.|
|Second Preference: Spouses and unmarried children of U.S. Permanent Residents. (unmarried children under 21 have priority over unmarried & over 21)|
|Third Preference: Married children of U.S. citizens.|
|Fourth Preference: Brothers and Sisters of U.S. citizens.|
|Immediate Relatives: Parents & Spouses of U.S. citizens.|
All immigrant visas are subject to a complicated quota system. Generally each country receives a maximum of 25,620 visas per year.
The applicant will be subject to the country limit of his or her country of birth. A visa must be available in order to apply for adjustment. Nationals of China, India, and Mexico, for example, often must wait for a visa to become available. We will advise you at your last known address when your relative may file for adjustment.
Permanent Visa Issuing Process. The process for issuing permanent visas follows:
- Filing petitions for approval in your preference category. Response from INS in approximately 90-120 days.
- Assuming approval, when the visa becomes available, if in the United States, apply to INS for adjustment of status to permanent residence or apply for interview at the Consul Post nearest your foreign residence. Allow 8-10 months for the entire process.
- A green card follows approximately six months.
- While in the United States, the alien must remain in legal immigration status, while waiting for the visa to become available.
- Unauthorized employment or staying in the US with an expired visa, bars adjustment of status to permanent residence in the US.