Family Immigration to the United States: Key Issues and Green Card Processing Times

Family reunification is one of the key components of the U.S. immigration system. U.S. citizens and green card holders can sponsor their relatives, helping them obtain the right to permanent residence in the country. This process, known as family-based immigration, has many nuances and rules that must be considered to successfully navigate all stages. The article addresses key issues related to family reunification, including categories of relatives eligible for relocation, changes in immigration procedures for 2024, as well as timelines and costs associated with obtaining a green card.

Real Timelines for Obtaining a Green Card through Family Reunification

Immigration through family reunification is a process that allows U.S. citizens and green card holders to sponsor their relatives for residency in the U.S. The time required to obtain a green card through family reunification can vary depending on the category of relatives and current immigration rules.

What is Family-Based Immigration in the U.S.?

Family-based immigration is an opportunity for U.S. citizens and green card holders to sponsor their close relatives to move to the U.S. This program allows families to reunite, providing legal residence in the country.

With Whom Can U.S. Citizens Reunite?

U.S. citizens can reunite with immediate relatives without waiting in line. Such relatives include:

• Spouses
• Unmarried children under 21
• Parents of a U.S. citizen (provided the citizen is at least 21 years old)

In addition, U.S. citizens can sponsor reunification with:

• Unmarried children over 21
• Married children
• Siblings

For these categories, there are visa quotas and waiting lists, which can increase the waiting time.

Reunification with a Green Card Holder in the U.S.

Green card holders can sponsor reunification with two categories of relatives:

• Spouses
• Unmarried children of any age

Unlike U.S. citizens, green card holders cannot reunite with parents, married children, or siblings.

With Whom Cannot You Reunite?

The family reunification process does not extend to the following relatives:

• Uncles and aunts
• Grandparents
• Grandchildren
• Nieces and nephews
• Cousins

These categories of relatives are not eligible for reunification through family-based immigration.

Reunification of U.S. Citizens: Important Changes in the Process

In 2024, some changes occurred in the reunification process. Now, when filing the I-130 petition, it is necessary to specify where the process will take place: in the U.S. or abroad. This requirement helps avoid delays and misunderstandings in the application processing. Additionally, the sponsor must prove their financial capability by submitting Form I-864 (Affidavit of Support).

How Much Money is Needed for Family Reunification?

The family reunification process in the U.S. requires significant financial investments. Major expenses include the government fee for filing the I-130 petition, medical examinations, visa fees, as well as attorney fees and costs associated with filing other forms and documents. Furthermore, the sponsor must demonstrate that their income is at least 120% of the poverty level for their family.

Reunification with Immediate Relatives in the U.S.

Reunification with immediate relatives, such as spouses and children under 21, proceeds faster compared to other categories. The process usually takes from 6 to 12 months, and under ideal conditions, it can be completed in 3 months.

Timelines for Reunification with Immediate Relatives

In recent years, the timelines for reunification with immediate relatives have significantly shortened. If all documents are submitted correctly and the immigration service is not overloaded, the process can take just a few months.

How to Obtain a Green Card Without an Interview?

In some cases, it is possible to obtain a green card without an interview. This applies to those adjusting status within the U.S. and reuniting with immediate relatives. If all documents are properly prepared and the officer has no questions, the interview may be waived, and the green card is issued directly.

The 90-Day Rule: Is It Worth Following?

Previously, there was a 90-day rule, according to which filing for a green card within the first 90 days after entering the U.S. could be considered fraudulent. In 2021, this rule was repealed, but it is recommended to wait 60-90 days before submitting documents to avoid suspicions of false intentions upon entry.

Do Ukrainians on U4U and TPS Need to Leave the U.S. for Reunification?

Ukrainian citizens with the U4U program and TPS status are generally not required to leave the U.S. for reunification with relatives. However, each case is considered individually. Consulting with an immigration attorney can help avoid mistakes and misunderstandings in the process.

Reunification with Siblings and Adult Children

Reunification with siblings and adult children can take a long time due to visa quotas and waiting lists. For example, for the F4 category (siblings of U.S. citizens), the waiting period can exceed 16 years.

How to Understand How Long to Wait for a Green Card through Family-Based Immigration?

To understand how long the process will take, it is important to study the visa bulletin published by the immigration service. It shows the current filing dates and visa categories. The priority date of your I-130 petition determines when you can apply for status adjustment or obtain a visa. Regularly monitoring the visa bulletin will help you stay informed of changes.

Important Information for Ukrainian Citizens with U4U and TPS

The process of reunification with non-immediate relatives for Ukrainian citizens with the U4U program and TPS status can take decades. It is important to consider other legalization options to remain in the U.S. legally if the opportunity to extend status or TPS is not available.

What to Do If You Are Not in the U.S.?

If you are outside the U.S., after the approval of the I-130 petition, your case will be transferred to the National Visa Center, where you will be assigned a unique number. You will then be able to complete the DS-260 immigration forms.

Processing times depend on the category of relatives: for immediate relatives, the process takes from 6 to 12 months, while for other categories, it may take years.