Parents, spouses and minor children of U.S. Citizens are immediately eligible to apply for a green card in the United States or abroad. For everyone else, the process occurs in two steps and can take several months to several years to complete. Are you a green card holder wanting to sponsor your wife or child? A US citizen with adult brothers or sisters abroad? This article will give you a sense of how to sponsor your relatives and why it sometimes takes so long!

First, the sponsoring U.S. Citizen or Lawful Permanent Resident files an immigrant petition (I-130) with the DHS in Illinois. Once the case is processed, the file will be transferred to the National Visa Center, in New Hampshire, to await consular processing abroad. The case will sit “on ice” until the person is eligible to file the second step of the process. If the applicant is instead legally in the United States, the case will instead remain “on ice” with DHS until eligible to file the second step internally in the US.

When the applicant is eligible to move forward with process, the NVC will request and collect additional documentation that is needed to process the green card application. Once complete, the file will be transferred to the US consulate abroad, in the applicant’s home county.

The US consulate will request yet another set of documents and then will interview the applicant. As long as all legal requirements are met, the applicant then obtains an immigrant visa and is processed for a green card upon entering the United States.

How long will it take until my family member gets his or her green card?

The sponsored family member is placed into one of five categories, which determines when that person can move on to the second step (i.e. filing for the green card.) The U.S. Government allows a certain number of people per category to obtain a green card each year. Each month, the U.S. Government issues a visa bulletin (which is posted in my quick links section) that outlines processing times by category, so a person can easily track when he or she is eligible to apply for a green card.

The date the sponsoring family member files the immigrant petition with DHS is called the “priority date”. When a sponsored family member’s priority date is “current” and shows up in the visa bulletin chart, that person is allowed to apply for the green card, either at the U.S. Consulate if abroad, or with the DHS if in the United States.

Family members eligible for sponsorship are broken into the following categories:

• First Preference: Unmarried sons and daughters of U.S. Citizens (21 years or older)
• Second Preference A: Spouses or children of aliens lawfully admitted for permanent residence
• Second Preference B: Unmarried sons or daughters of aliens lawfully admitted for permanent residence
• Third Preference: Married sons or daughters of U.S. Citizens
• Fourth Preference: Brothers or sisters of U.S. Citizens, if U.S. Citizen is at least 21 years old

I have handled numerous family sponsorship cases, using both the adjustment of status and consular processing methods. I work carefully with clients to ensure that the case is processed as quickly as possible, all questions are answered and all issues addressed in a clear, concise manner. I also provide a full list of required documents for each step, to ensure that all documentary requirements are met. Via these efforts, many of my clients, particularly in consular processing cases, are able to save months of valuable time and to be reunited with their family members much sooner than anticipated.

Persons who are unlawfully present in the U.S. should always consult a competent immigration attorney before having a relative petition filed for them.

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Immigration Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States, and internationally.