I-130 Wait Time: Matter if I'm citizen or resident?
So, you've decided to sponsor a family member for a green card – that's fantastic! But before they can join you in the US, there's the hurdle of the I-130 petition. This petition proves your relationship and is the first step on the path to family reunification. The hitch? Processing times can vary wildly depending on your situation.
What is the I-130 Petition?
Think of the I-130 petition as your official "we're related" document to USCIS. Once approved, it lets your family member apply for a green card. The catch – how long it takes USCIS to process this petition depends on a few things:
Are You a US Citizen or Green Card Holder?
US Citizens with Immediate Relatives: Spouses, parents (if you're over 21), and unmarried children under 21 get priority treatment. Processing times for these petitions are usually between 7 and 15 months – woohoo! There are no yearly limits on these visas, so things move faster.
US Citizens with Other Family: Thinking of sponsoring an adult child, married child, or sibling? These petitions fall under family preference categories. Unfortunately, these categories have yearly visa limits, so processing times can stretch from a few years to over a decade.
Green Card Holders Sponsoring Family: If you're a green card holder sponsoring a family member, the wait times are generally longer than those for US citizens sponsoring immediate relatives, but shorter than sponsoring other family members. You're looking at a wait of 1 to 5 years on average, depending on the category and your family member's country of origin.
What Else Can Affect the Wait Time?
USCIS Workload: If USCIS is swamped with petitions, processing times can slow down for everyone.
Service Centers: Different USCIS centers handle petitions, and their processing speeds can vary.
Priority Dates and Visa Bulletins: For family preference categories, the wait hinges on visa availability (check the Visa Bulletin). Applicants wait for their "priority date" to become current before moving forward.
How to Deal with the Wait:
Stay Informed: Keep an eye on USCIS's website and the Visa Bulletin for updates on processing times and priority dates.
Be Prepared: Double-check you've submitted all the required documents correctly. Missing stuff can lead to delays for "Requests for Additional Evidence" (RFEs).
Consider Expedited Processing: In special cases (like severe financial hardship or urgent humanitarian reasons), you can request expedited processing from USCIS, but this has strict requirements.
The Takeaway:
The I-130 processing time depends on your situation. US citizens sponsoring immediate relatives generally have the fastest wait times. While the wait can be frustrating, understanding these factors can help you and your family member manage expectations and stay on track for that joyful reunion!