I-130: Immediate relatives VS Preference relatives

Ever wondered why some green card applications for relatives seem to fly through the system, while others take forever? It all boils down to priority! US Citizenship and Immigration Services (USCIS) sorts these applications based on the relationship between the US citizen (sponsor) and the person applying for the green card (beneficiary). Let's break it down.

The Fast Track: Immediate Relatives

Lucky spouses, unmarried children under 21 of US citizens, and parents of US citizens over 21 are in the express lane! There's no limit on the number of green cards issued in these categories, so their applications typically zoom ahead.

The Family Preference Line: Patience is a Virtue

This category has more people waiting, so there are yearly limits on how many green cards can be issued. Here's the breakdown of who gets seen first:

1. First in Line: Unmarried adult children of US citizens.

2. Second Spot: Spouses and unmarried minor children of lawful permanent residents, followed by adult unmarried children of lawful permanent residents.

3. Middle of the Pack: Married children of US citizens.

4. Last But Not Least: Siblings of US citizens (if the US citizen is over 21).

The Waiting Game: Processing Times and Priority Dates

• Immediate Relatives: Since there's no cap, processing times depend on how busy USCIS is and where your application is being handled.

• Family Preference: Here's where things get interesting. These applications have a "priority date" – the day they were filed. Because of yearly limits, there's often a waitlist. The Department of State lets you know each month (Visa Bulletin) which priority dates are currently being processed for each category and country.

The Key to Understanding Priority

1. Immediate relatives get priority: No waiting in line here!

2. Family preference categories take longer: Due to limits, these applications wait until their priority date becomes current according to the Visa Bulletin.

3. Priority date is key: This date determines when a family preference beneficiary can move forward with their green card application.

Examples

• A US citizen applies for their spouse (immediate relative). This application will likely be processed quickly.

• A US citizen applies for their married son (family preference category). This application will have a waitlist depending on the son's priority date and the visa availability for his country.

Need Help? Consider an Immigration Attorney

This process can get complicated. If you're navigating the family green card maze, consider consulting an immigration attorney. They can help you understand the specific requirements for your situation and guide you through the process.

By understanding these priority rules, you'll have a clearer picture of how long the wait might be and the steps involved in bringing your loved ones to the US. Good luck!