The Immigration and Nationality Act (INA) allows a U.S. citizen or permanent resident to petition the United States Citizenship and Immigration Services (USCIS) for an eligible foreign relative to come to the United States to live permanently. The foreign relative is issued a permanent residence card (“green card”). The wait time to process the petition and obtain a “green card” depends on the classification of the foreign relative.
Immediate Relatives
The INA does not limit the number of immediate relative “green cards” that are issued each year. As such, the processing time is not subject to a numerical limitation.
The following is a list of foreign persons considered “immediate relatives”.
Immediate Preference Category
Unmarried Sons and Daughters (under 21 years of age) of U.S. Citizens
Spouses of U.S. Citizens
Parents of U.S. Citizens (21 years of age or older)
Eligible Relatives
The INA limits the number of family based ‘green cards’ that are issued each year to relatives other than “immediate relatives” based on a preference category. Each preference category is assigned a number of immigrant visas (“green cards”). In addition, there is a limit to the percentage of immigrant visas (“green cards”) that can be allotted to each country in a year. Since the demand for immigrant visas (“green cards”) is higher than the limited number and greater for some countries, an immigrant visa (“green card”) “waiting list” forms. As such, your foreign relative’s preference category and country of origin will determine the time the relative petition will remain at the NVC until an immigrant visa number (“green card”) becomes available. The wait time can be years.
The following is a list of foreign persons other than “immediate relatives”.
Family Preference Category 1
Unmarried Sons and Daughters (21 years or age or older) of U.S. Citizens
Family Preference Category 2
A. Spouses and Children (under 21 years of age) of Permanent Residents
B. Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
Family Preference Category 3
Married Sons and Daughters of U.S. Citizens
Family Preference Category 4
Brothers and Sisters of Adult (21 years of age or older) U.S. Citizens
Immigrant Visa Availability Criteria
As stated, the INA limits the number of family based immigrant visas (based on certain criteria) that are issued per year (unless your foreign relative qualifies as an “immediate relative”). Since the demand for immigrant visas is higher than the limited number, an immigrant visa ‘wait list’ forms. This means that even if the USCIS approves a relative petition your foreign relative will not get an immigrant visa immediately.
The following criteria determine how quickly your foreign relative will be issued an immigrant visa.
Preference Category
Each family preference category is assigned a limited number of immigrant visas per year. If your foreign relative falls into a category with a greater number of immigrant visas then the wait time will be shorter.
Country
Each country is assigned a limited number of immigrant visas per year. If your foreign relative is from a country with a lower demand for immigrant visas then the wait time will be shorter.
Priority Date
The ‘priority date’ is the date that the relative petition is properly filed with the USCIS. The ‘priority date’ can be found on the Notice of Action (Form I-797) issued by the USCIS. The ‘priority date’ is used to determine your foreign relative’s place on the immigrant visa ‘wait list’.
Foreign Relative’s Place on the ‘Wait List’
The Department of State (DOS) distributes immigrant visas based upon family preference category, country and ‘priority date’. The DOS publishes a monthly report of immigrant visa availability referred to as the “Visa Bulletin”. Specifically, the Visa Bulletin allows your foreign relative to verify their place on the ‘wait list’.
In order to verify their place on the ‘wait list’ your foreign relative can review the Visa Bulletin online. The Visa Bulletin contains a chart that should be reviewed using the following.
- Locate the proper family sponsored preference category
- Locate the proper country of birth
- Review the ‘cut-off’ date
An immigrant visa is available to your foreign relative only if their ‘priority date’ is earlier than the ‘cut-off’ date indicated in the Visa Bulletin chart.
If this is the case, then the processing of your foreign relative’s immigrant visa will continue. Specifically, the National Visa Center (NVC) will perform a background check of your foreign relative, collect immigrant visa and affidavit of support fees and documents, process the immigrant visa application and provide instruction regarding the interview and the required medical examination. After processing is complete, the NVC will schedule an interview and forward the relative petition, immigrant visa application and documents to the United States embassy or consulate nearest your foreign relative’s residence.
Seattle Marriage Green Card Lawyer
You married or will be married to a non-U.S. citizen in the United States (or married outside the United States) and your foreign spouse requires permanent residence. Your foreign spouse entered the United States on a non-immigrant visa (i.e. fiancé(e) visa, visitor visa, student visa, work visa etc.) or visa waiver and is currently in the United States legally or overstayed the visa.
How Does My Foreign Spouse Acquire Permanent Residence?
The Immigration and Nationality Act allows a U.S. citizen to petition the United States Citizenship and Immigration Services (USCIS) for their foreign spouse and any minor children (under 18 at the time you were married) to live permanently in the United States. First, you file a separate marriage petition, application for permanent residence, travel document and work permit and an affidavit of support for the foreign spouse and each child along with required documentation with the USCIS Service Center. The USCIS will issue receipts for each application then schedule your foreign spouse and minor child(ren) to be fingerprinted at the closest USCIS District Office. The USCIS performs a background check on your foreign spouse and minor child(ren). Once the background check is complete and the results are satisfactory, the USCIS schedules you, foreign spouse and minor child(ren) for an interview at the USCIS District Office.
The USCIS approves the application for permanent residence allowing your foreign spouse to live permanently in the United States. The USCIS also approves the application for permanent residence for any minor children (under 18 at the time you were married and under 21 at the time of the issuance of permanent residence). After approval of the application for permanent residence, your foreign spouse and any children will be issued a permanent residence card allowing them to live permanently in the United States.
A review of the facts of the foreign spouse’s specific situation is required to determine whether s/he can file an application for permanent residence in the United States. The permanent residence (based on marriage) process is complicated and time-consuming. We suggest the retention of an experienced immigration attorney well versed in the complexities of the process. The attorneys at CLG can efficiently guide you through each step of the process with the end goal of obtaining permanent residence as quickly as possible.
Requirements
You married or will be married to a non-U.S. citizen in the United States (or married outside the United States) and your foreign spouse requires permanent residence. Your foreign spouse entered the United States on a non-immigrant visa (i.e. fiancé(e) visa, visitor visa, student visa, work visa etc.) or visa waiver and is currently in the United States legally or overstayed the visa. Is your spouse eligible to apply for permanent residence?
What are the Requirements to Obtain Permanent Residence (Based on Marriage)?
U.S. Citizen
The person filing the petition must be a United States citizen either by birth or naturalization.
Marital Status
You and your spouse are legally married.
Marital Intent
You and your spouse have a genuine relationship and a bona-fide marriage.
Child(ren)
The minor child(ren) must be under 18 at the time you were married and under 21 at the time of the issuance of the permanent residence card.
Admitted to the U.S.
Your foreign spouse and child(ren) must have legally entered the United States. Your foreign spouse and child(ren) may have entered the United States on a non-immigrant visa (i.e. fiancé(e) visa, visitor visa, student visa, work visa etc.) or visa waiver and are currently in the United States legally or overstayed the visa. A review of the facts of the foreign spouse’s specific situation is required.
Financial Support
The person filing the petition must be able to demonstrate that s/he can financially support their foreign spouse and minor child(ren), that they fulfill the minimum financial support requirements or that they have a co-sponsor who does.
Criminal History
Your foreign spouse and children have not committed certain crimes.
Process
You married or will be married to a non-U.S. citizen in the United States (or married outside the United States) and your foreign spouse requires permanent residence. Your foreign spouse entered the United States on a non-immigrant visa (i.e. fiancé(e) visa, visitor visa, student visa, work visa etc.) or visa waiver and is currently in the United States legally or overstayed the visa.
You think that s/he is eligible to apply but the process seems complicated. For your information, CLG has listed the steps in the process below.
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United States Citizenship and Immigration Services (USCIS) Filing
In order to initiate the process, the petitioner (U.S. citizen) files a Petition for Alien Relative (form I-130) on behalf of the beneficiary (foreign spouse and minor children) with the USCIS Service Center. Along with the marriage petition, the foreign spouse and minor children file an Application for Permanent Residence, Applications for Travel and Work Permits, an Affidavit of Support, completed medical examination and supporting documents with the USCIS Service Center. After the marriage petition and applications are filed, the USCIS Service Center will issue receipt notices for each. The marriage petition, applications and supporting documentation are then forwarded to the USCIS District Office nearest you and your foreign spouse’s and children’s residence.
Timing: Currently, the receipt notices are issued (on average) within 2 weeks of filing.
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Biometrics Appointment
Your foreign spouse and children are sent a notice to appear at the USCIS District Office in order for biometrics (fingerprints) to be captured. This allows the USCIS to perform a background check of your foreign spouse and children. After the background check is complete, the USCIS schedules you, your foreign spouse and children for an interview and forwards the marriage petition, applications, medical examination and supporting documents to the USCIS District Office.
Timing: Currently, the biometrics appointment is scheduled (on average) within 1 month of filing.
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USCIS Permanent Residence Interview
At the interview, the USCIS officer will verify that all required documentation has been provided. Second, and more importantly, the USCIS officer will question you and your foreign spouse in detail with respect to the specifics of your marriage in order to determine its legitimacy. Further, you and your foreign spouse will be required to provide documentation demonstrating the legitimacy of your marriage. Once the USCIS officer determines that you are lawfully married, s/he will approve the marriage petition. Then the USCIS officer will decide the application for permanent residence.
Assuming that the application for permanent residence is approved, your foreign spouse and children will receive a lawful permanent resident card by mail. If you and your foreign spouse have been married less than 2 years at the time of issuance of the immigrant visa, the permanent resident card will be valid for 2 years. This is referred to as a ‘conditional resident’ card. Please note that 90 days prior to the expiration of the permanent resident card, your foreign spouse will be required to file a petition to remove the conditions on residence allowing for the issuance of a ‘new’ permanent resident card (valid for 10 years). If you and your foreign spouse have been married 2 years or more at the time of issuance of the immigrant visa, the permanent resident card will be valid for 10 years.
Timing: Currently, the permanent residence interview is scheduled (on average) within 4 to 12 months of filing. Permanent Residence Cards are issued within 2 weeks of the interview.
Check Fees
All CLG clients are entitled to predictable and transparent fees. Your fixed fee covers all legal services, from our first discussion through to case completion, regardless of the time spent by our attorney. There are absolutely no additional charges for document preparation, emails, telephone calls, consultations, responses to government requests, interview preparation and attendance, issue solving or advocacy and no hidden costs.
In addition to attorney fees, you will also be required to pay the various government filing fees as they become due. All fees are listed below.
USCIS Filing Fees
* The U.S. citizen must file a separate petition on behalf of the spouse and each child.
Application for Travel Document
*Spouse and each child submits an application and pays an application fee.
**Child(ren) less than 14 years of age and applying with a parent pay a a filing fee of $635.
*Child(ren) less than 14 years of age are not fingerprinted.
Medical Examination Fee
Medical Examination
* Fee varies depending on the physician.
*Spouse and each child undergoes a medical examination and pays a medical examination fee.
$300
Legal Services
The CLG fixed fee covers all legal services up to the issuance of the permanent residence card, regardless of the attorney time spent. The following illustrates the typical legal services undertaken by CLG during the immigrant visa process.
Initial Consultation
Fact finding, identification of potential issues, advice regarding your options and explanation of the permanent residence (based on marriage) process and timeline.
USCIS Service Center Processing
Information and Document Collection
Online collection of the U.S. citizen and foreign spouse’s biographic information and the relevant documentation required for filing of the marriage petition and permanent residence application(s).
Information and Document Review
Review of the biographic information and relevant supporting documentation provided by the U.S. citizen and their foreign spouse.
Marriage Petition and Permanent Residence Applications Drafting
Drafting of the marriage petition and permanent residence application(s) and assembly of documentation for the U.S. citizen and foreign spouse’s final review and signatures.
Marriage Petition and Permanent Residence Applications Filing
Filing (by courier) of the marriage petition and permanent residence applications and documentation with USCIS Service Center and acceptance of case receipt notices.
Case Monitoring
Monitoring of the case progress using scheduled online status inquiries and automatic email updates provided by the USCIS Service Center to ensure expeditious processing.
Communication
Responding promptly to USCIS Service Center requests for evidence; making certain that the marriage petition and permanent residence applications are forwarded in a timely manner to the USCIS District Office (local); and that a permanent residence interview is scheduled.
Status Update and Advice
Providing clients with real time updates of changes in case status as well as advice and response to client questions.
USCIS District Office (Local) Processing
Interview Preparation and Attendance
Preparation of the U.S. citizen and foreign spouse for the permanent residence interview including document review, USCIS District Office protocol, sample interview questions to expect and identification and resolution of potential issues. If the clients reside in the Seattle area, a CLG attorney will attend the interview.
Case Monitoring
Continued monitoring of case progress using direct communication with the USCIS District Office to ensure expeditious approval of the permanent residence application.
How to Retain CLG
Free Consultation
If you are seriously considering the permanent residence (based on marriage) process, please schedule a free consultation with a CLG attorney. The consultation consists of fact finding, identification of potential issues, advice regarding options, explanation of the process and timeline and discussion of fees. You may also wish to read “Why CLG?”
Marriage Green Card Timeline
Your foreign spouse requires a green card. You know that s/he is eligible to apply.
What is the Timeline to Apply for and Obtain Permanent Residence?
The issuance of a permanent residence card requires processing by the United States Citizenship and Immigration Services (USCIS). The USCIS processing times can vary depending upon where the petitioner and foreign spouse live in the United States. In general, however, the typical timeline for permanent residence processing is as follows:
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United States Citizenship and Immigration Services (USCIS) Processing
In order to initiate the process, the petitioner (U.S. citizen) files a marriage petition for the foreign spouse and each child. Along with the marriage petition, the foreign spouse and children file an Application for Permanent Residence, Applications for Travel and Work Permits, an Affidavit of Support, completed medical examination and supporting documents with the USCIS. Once the marriage petition and applications are filed, the USCIS issues receipt notices for each to the petitioner, applicant (foreign spouse and children) and attorney. The marriage petition, applications and supporting documentation are then forwarded to the USCIS District Office nearest you and your foreign spouse’s and children’s residence.
Receipt Notices Issued: 2 Weeks from Date of Receipt of Marriage Petition and Applications
Total Time to Process: 2 Weeks from Date of Receipt of Marriage Petition and Applications
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Biometrics Appointment
The USCIS issues your foreign spouse and children a notice to appear at the USCIS District Office in order for biometrics (fingerprints) to be captured. This allows the USCIS to perform a background check of your foreign spouse and children. After the background check is complete, the USCIS schedules you, your foreign spouse and children for an interview and forwards the marriage petition, applications, medical examination and supporting documents sample documents are listed here to the USCIS District Office.
Biometrics (Fingerprinting) Appointment Scheduled: 1 Month from Date of Receipt of Marriage Petition and Applications
Total Time to Process: 1 Month from Date of Receipt of Marriage Petition and Applications
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USCIS Permanent Residence Interview
At the interview, the USCIS officer will verify that all required documentation has been provided. Second, and more importantly, the USCIS officer will question you and your foreign spouse in detail with respect to the specifics of your marriage in order to determine its legitimacy. Further, you and your foreign spouse will be required to provide documentation demonstrating the legitimacy of your marriage. Once the USCIS officer determines that you are lawfully married, s/he will approve the marriage petition. Then the USCIS officer will decide the application for permanent residence.
Assuming that the USCIS is satisfied, the application for permanent residence is approved and your foreign spouse will receive a lawful permanent resident card by mail. At that time, the USCIS officer will also approve any minor children’s applications for permanent residence. If you and your foreign spouse have been married less than 2 years at the time of issuance of the immigrant visa, the permanent resident card will be valid for 2 years. This is referred to as a ‘conditional resident’ card. Please note that 90 days prior to the expiration of the permanent resident card, your foreign spouse will be required to file a petition to remove the conditions on residence allowing for the issuance of a ‘new’ permanent resident card (valid for 10 years). If you and your foreign spouse have been married 2 years or more at the time of issuance of the immigrant visa, the permanent resident card will be valid for 10 years.
Interview Scheduled: 4 to 12 Months from Date of Receipt of Marriage Petition and Applications
Permanent Residence Card Issued: 10 Days from Date of Interview
Period of Validity of Permanent Residence Card:2 Years (if married less than 2 years)
10 Years (if married 2 years or more)Total Time to Process: 4 to 12 Months from Date of Receipt of Marriage Petition and Applications
Seattle Marriage (Immigrant) Visa Lawyer
You married or will be married to a non-U.S. citizen (in another country) and your foreign spouse requires a marriage (immigrant) visa to enter the United States.
How Does My Foreign Spouse Acquire a Marriage (Immigrant) Visa?
The Immigration and Nationality Act allows a U.S. citizen or permanent resident to petition the United States Citizenship and Immigration Services (USCIS) for their foreign spouse and any minor children (under 18 at the time you were married) to come to the United States to live permanently. Once the petition is approved by the USCIS, it is forwarded to the National Visa Center (NVC). The NVC requires that your foreign spouse (and any children) complete an online immigrant visa application and file an affidavit of support along with required documentation. The NVC performs a background check on your foreign spouse and children. Once the immigrant visa application, affidavit of support and documentation are received and the background check is complete and the results are satisfactory, the NVC forwards the petition and all other material to the United States consulate nearest your foreign spouse’s foreign residence.
The United States consulate conducts an interview and issues the marriage (immigrant) visa allowing your foreign spouse to legally enter the United States to live permanently. The United States consulate also issues an immigrant visa to any minor children (under 18 at the time you were married and under 21 at the time of the issuance of the visa) of your foreign spouse.
Upon issuance of the marriage (immigrant) visa, your foreign spouse and any children must enter the United States within 6 months. After entry, your foreign spouse and any children will be issued a permanent residence card allowing them to live permanently in the United States.
The marriage (immigrant) visa process is complicated and time-consuming. We suggest the retention of an experienced immigration attorney well versed in the complexities of the process. The attorneys at CLG can efficiently guide you through each step of the process with the end goal of obtaining the marriage (immigrant) visa as quickly as possible.
Seattle Relative Immigrant Visa Lawyer
Overview
Your foreign relative wishes to immigrate to the United States and you’ve determined that s/he is eligible.
How Does My Foreign Relative Acquire an Immigrant Visa?
The Immigration and Nationality Act (INA) allows a U.S. citizen or permanent resident to petition the United States Citizenship and Immigration Services (USCIS) for certain foreign relatives to come to the United States to live permanently. Learn more about the family sponsored preference categories. Once the petition is approved by the USCIS, it is forwarded to the National Visa Center (NVC).
The INA limits the number of family based immigrant visas that are issued each year based on a preference category. Each preference category is assigned a number of immigrant visas. In addition, there is a limit to the percentage of immigrant visas that can be allotted to each country in a year. Since the demand for immigrant visas is higher than the limited number and greater for some countries, an immigrant visa ‘waiting list’ forms. As such, your foreign relative’s preference category and country of origin will determine the time the relative petition will remain at the NVC until an immigrant visa number becomes available. The wait time can be years.
The NVC requires that your foreign relative complete an online immigrant visa application and file an affidavit of support along with required documentation. The NVC performs a background check on your foreign relative. Once the immigrant visa application, affidavit of support and documentation are received and the background check is complete and the results are satisfactory, the NVC forwards the petition and all other material to the United States consulate nearest your foreign relative’s foreign residence.
The United States consulate conducts an interview and issues the immigrant visa allowing your foreign relative to legally enter the United States to live permanently. Upon issuance of the immigrant) visa, your foreign relative must enter the United States within 6 months. After entry, your foreign relative and will be issued a permanent residence card allowing them to live permanently in the United States.
The immigrant visa process is complicated and time-consuming. We suggest the retention of an experienced immigration attorney well versed in the complexities of the process. The attorneys at CLG can efficiently guide you through each step of the process with the end goal of obtaining the immigrant visa as quickly as possible.
Requirements
Your foreign relative requires an immigrant visa to enter the United States. Is your foreign relative eligible to apply for an immigrant visa?
What are the Requirements to Obtain an Immigrant Visa?
U.S. Citizen or Permanent Resident Alien
The person filing the petition must be a United States citizen either by birth or naturalization or a permanent resident of the United States.
Family Relationship
There is a legally recognized family relationship between the petitioner and foreign relative.
Financial Support
The person filing the petition must be able to demonstrate that s/he can financially support their foreign relative, that they fulfill the minimum financial support requirements or that they have a co-sponsor who does.
Criminal History
Your foreign relative has not committed certain crimes.
Process
Your foreign relative requires an immigrant visa to enter the United States. You know that s/he is eligible to apply but the process seems complicated. For your information, CLG has listed the steps in the process below.
1. United States Citizenship and Immigration Services (USCIS)
In order to initiate the process, the petitioner (U.S. citizen or permanent resident) files a Petition for Alien Relative (form I-130) on behalf of the beneficiary (foreign relative) with the appropriate USCIS Service Center that has jurisdiction over where the petitioner resides. After the relative petition is filed, the USCIS will issue a receipt notice. After reviewing the relative petition, the USCIS will issue an approval notice. The approved relative petition is then forwarded to the National Visa Center (NVC).
Timing: Currently, the Petition for Alien Relative is approved within 20 to 41 months (on average) depending on your foreign relative’s family sponsored preference category.
2. National Visa Center (NVC)
The NVC performs a background check of your foreign relative, collects immigrant visa and affidavit of support fees and documents, processes the immigrant visa application and provides instruction regarding the interview and the required medical examination. After processing is complete, the NVC schedules an interview and forwards the relative petition, immigrant visa application and documents to the United States embassy or consulate nearest your foreign relative’s residence.
Timing: The Immigration and Nationality Act (INA) limits the number of family based immigrant visas that are issued each year based on a preference category. Each preference category is assigned a number of immigrant visas. In addition, there is a limit to the percentage of immigrant visas that can be allotted to each country in a year. Since the demand for immigrant visas is higher than the limited number and greater for some countries, an immigrant visa ‘waiting list’ forms. As such, your foreign relative’s preference category and country of origin will determine the time the relative petition will remain at the NVC until an immigrant visa number becomes available. The wait time can be years.
3. United States Embassy or Consulate
At the interview, the consular officer will verify that all required documentation has been provided. Second, and more importantly, the consular officer will question your foreign relative in detail with respect to the specifics of your relationship in order to determine its legitimacy.
Assuming that the consular officer is satisfied, the immigrant visa application is approved and an immigrant visa is placed in your foreign relative’s passport. The visas will be valid for 6 months. The United States embassy or consulate will also provide your foreign relative with a sealed envelope that contains the approved petition, applications and documentation. Before departing for the United States, your foreign relative must pay a USCIS Immigrant Fee online.
Timing: Currently, the interview is scheduled (on average) within 2-5 months of receipt of all requested material. Immigrant visas are issued within 7-10 days of approval.
4. Entering the United States
Upon issuance of the immigrant visas, your foreign relative must enter the United States within 6 months. Upon entry into the United States, your foreign relative will give the sealed envelope to the Customs and Border Protection (CBP) officer. The CBP officer will stamp your foreign relative’s passport. This signifies entry as an immigrant.
5. Permanent Resident (‘Green Card’) Status
After entry as an immigrant, your foreign relative will receive a lawful permanent resident card. The permanent resident card will be valid for 10 years.
If you have additional questions about the relative (immigrant) visa process, you may wish to read our immigrant visa FAQs.
Check Fees
All CLG clients are entitled to predictable and transparent fees. Your fixed fee covers all legal services, from our first discussion through to case completion, regardless of the time spent by our attorney. There are absolutely no additional charges for document preparation, emails, telephone calls, consultations, responses to government requests, interview preparation and attendance, issue solving or advocacy and no hidden costs.
In addition to attorney fees, you will also be required to pay the various government filing fees as they become due. All fees are listed below.
USCIS Filing Fee
Petition for Alien Relative
$420
Immigrant Visa Processing Fee
Immigrant Visa Application
$325
Affidavit of Support Processing Fee
Affidavit of Support Review
$88
Medical Examination Fee
Medical Examination* Fee varies depending on the physician and country.
$300
USCIS Immigrant Fee
Permanent Resident Card Processing
$165
Legal Services
The CLG fixed fee covers all legal services up to the issuance of the immigrant visa, regardless of the attorney time spent. The following illustrates the typical legal services undertaken by CLG during the immigrant visa process.
Initial Consultation
Fact finding, identification of potential issues, advice regarding your options and explanation of the immigrant visa process and timeline.
USCIS Processing
Information and Document Collection
Online collection of the U.S. citizen or permanent resident and foreign relative’s biographic information and the relevant documentation required for filing of the relative petition and immigrant visa application(s).
Information and Document Review
Review of the biographic information and relevant supporting documentation provided by the U.S. citizen or permanent resident and foreign relative.
Relative Petition Drafting
Drafting of the relative petition and assembly of documentation for the U.S. citizen or permanent resident and foreign relative’s final review and signatures.
Relative Petition Filing
Filing (by courier) of the relative petition and documentation with USCIS and acceptance of case receipt notice.
Case Monitoring
Monitoring of the case progress using scheduled online status inquiries and automatic email updates provided by the USCIS to ensure expeditious processing.
Communication
Responding promptly to USCIS requests for evidence and making certain that the approved relative petition is forwarded in a timely manner to the National Visa Center (NVC).
Status Update and Advice
Providing clients with real time updates of changes in case status (at the USCIS level) as well as advice and response to client questions.
National Visa Center (NVC) Processing
Case Monitoring
Continued monitoring of case progress, ensuring that the NVC completes the background check of the foreign relative, issues immigrant visa and Affidavit of Support fee invoices and forwards the approved relative petition to the appropriate United States embassy or consulate.
Online Immigrant Visa Application Review and Affidavit of Support Drafting
Review of Online Immigrant Visa Application(s) and drafting of Affidavit of Support for the U.S. citizen or permanent resident’s signature.
Status Update and Advice
Continued real-time updates of changes in case status (at the NVC level) as well as advice and responses to client questions.
United States Embassy or Consulate Processing
Packet Preparation
Advice and specific instruction regarding the foreign relative obtaining a medical examination at a designated facility, the documentation to be presented at the interview and payment of the USCIS immigrant fee.
Interview Preparation
Preparation of the foreign relative for the immigrant visa interview including document review, embassy or consulate protocol, sample interview questions to expect and identification and resolution of potential issues.
Case Monitoring
Continued monitoring of case progress using direct communication with the United States embassy or consulate to ensure expeditious issuance of the immigrant visa.
How to Retain CLG
Free Consultation
If you are seriously considering the immigrant visa process for a foreign relative, please schedule a free consultation with a CLG attorney. The consultation consists of fact finding, identification of potential issues, advice regarding options, explanation of the process and timeline and discussion of fees. You may also wish to read “Why CLG?”
Examples
In order to better understand the immigrant visa process we provide you with examples of the types of documents that may be required.
Sample Relative Petition List (Unmarried Son/Daughter of U.S. Citizen)
Sample Relative Petition List (Unmarried Son/Daughter of Permanent Resident)
Sample Relative Petition List (Married Son/Daughter of U.S. Citizen)
Sample Relative Petition List (Brother/Sister of Adult U.S. Citizen)
Sample U.S. Embassy Document List
Green Card Timeline
Your foreign relative requires an immigrant visa to enter the United States. You know that s/he is eligible to apply.
What is the Timeline to Apply for and Obtain an Immigrant Visa?
The issuance of an immigrant visa requires processing by the United States Citizenship and Immigration Services (USCIS), National Visa Center (NVC) and United States embassy or consulate. The USCIS, NVC and United States embassy or consulate processing times can vary depending upon whether the petitioner is a U.S. citizen or permanent resident , the family relationship, country of birth and where the petitioner (in the United States) and the foreign relative (foreign country) reside. In general, however, the typical timeline for immigrant visa processing is as follows:
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United States Citizenship and Immigration Services (USCIS) Processing
Once the relative petition is filed, the USCIS issues a receipt notice to the petitioner (U.S. citizen or permanent resident) and attorney. Since each relative petition differs in terms of complexity, the decision time can vary. Once approved, the USCIS issues an approval notice to the petitioner and attorney. The approved relative petition is then forwarded to the National Visa Center (NVC) for the second step in the process.
Receipt Notice Issued: 2 Weeks from Date of Receipt of Relative Petition
Approval Notice Issued: 21 to 40 Months from Date of Receipt of Relative Petition
Total Time to Process: 21 to 40 Months from Date of Receipt of Relative Petition
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National Visa Center (NVC) Processing
Once the approved relative petition is received, the NVC performs a background check of your foreign relative, collects immigrant visa and affidavit of support fees and documents (sample documents are listed here), processes the immigrant visa application and provides instruction regarding the interview and the required medical examination. After processing is complete, the NVC schedules an interview and forwards the relative petition, immigrant visa application and documents to the United States embassy or consulate nearest your foreign relative’s residence.
Interview Notice Issued: See below
Total Time to Process: See below
* The Immigration and Nationality Act (INA) limits the number of family based immigrant visas that are issued each year based on a preference category. Each preference category is assigned a number of immigrant visas. In addition, there is a limit to the percentage of immigrant visas that can be allotted to each country in a year. Since the demand for immigrant visas is higher than the limited number and greater for some countries, an immigrant visa ‘waiting list’ forms. As such, your foreign relative’s preference category and country of origin will determine the time the relative petition will remain at the NVC until an immigrant visa number becomes available. The wait time can be years.
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United States Embassy or Consulate Processing
At the interview, the consular officer will verify that all required documentation (sample documents are listed here) has been provided. Second, and more importantly, the consular officer will question your foreign relative in detail with respect to the specifics of family relationship in order to determine its legitimacy.
Assuming that the consular officer is satisfied, the immigrant visa application is approved and an immigrant visa is placed in your foreign relative’s passport. The visa will be valid for 6 months. The United States embassy or consulate will also provide your foreign relative with a sealed envelope that contains the approved petition, applications and documentation. Before departing for the United States, each person that received an immigrant visa must pay a USCIS Immigrant Fee online.
Interview Scheduled: 1-2 Months from Date of Receipt of NVC Case Package
Visa Issued: 7-10 Days from Date of Interview
Total Time to Process: 1-2 Months
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Entering the United States
Upon issuance of the immigrant visas, your foreign relative will enter the United States within 6 months. Upon entry into the United States, your foreign relative will give the sealed envelope to the Customs and Border Protection (CBP) officer. The CBP officer will stamp your foreign relative’s passport. This signifies entry as an immigrant.
Period of Validity of Immigrant Visa: 6 Months
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Permanent Resident (‘Green Card’) Status
After entry as an immigrant, your foreign relative will receive a lawful permanent resident card. The permanent resident card will be valid for 10 years.
Permanent Residence Card Issued: 2 Weeks from Date of Entry
Period of Validity of Permanent Residence Card: 10 Years
Choquette Immigration Law Group is an immigration law firm in Seattle, WA, located right next to Leschi Park on Lake Washington. We are your trusted Seattle family green card lawyer law firm on Visas, Green Cards, or Citizenship requests, please contact us today at Choquette Law Group! We look forward to hearing from you.
