How to determine the timelines for family and employment-based immigration to the United States?

Immigration to the United States is a complex and multifaceted process that requires a deep understanding and attention to detail. Many who embark on the path to obtaining a green card encounter numerous questions and difficulties, especially when it comes to waiting times. In 2024, despite the rapid development of technology, the bureaucratic system remains slow, complicating the document acquisition process. In this article, we will examine the main aspects affecting green card processing times and explain how to properly use the visa bulletin to navigate the immigration process, whether it be family-based or employment-based immigration.

Path to New Opportunities

Types of Immigration

Family-based immigration provides U.S. citizens the opportunity to invite their close relatives to reside and obtain permanent residency in the United States. A U.S. citizen can apply for immigration for their spouse, children (including unmarried), parents, or siblings. It is important to consider that each category of relatives has its own requirements and procedures.

For example, immigration through marriage requires several important steps, including completing an immigration form, submitting an application, and attending an interview at a U.S. consulate or embassy. The procedure includes verifying the authenticity of the marital relationship and checking for all necessary documents.

Employment-based immigration involves obtaining a work visa for employment in the United States. There are several types of work visas that can be issued depending on the qualifications and employment goals. Among them, the most popular are H-1B, L-1, and O-1.

– **H-1B**: Visa for highly skilled workers. To obtain the visa, a U.S. employer must file a petition with the U.S. immigration service. After receiving work authorization, the applicant is scheduled for an interview at a U.S. consulate or embassy.
– **L-1**: Visa for intracompany transferees, allowing employees of international companies to temporarily work in American offices.
– **O-1**: Visa for individuals with extraordinary ability in certain fields such as science, arts, education, business, or athletics.

Work visas also involve an application process and an interview. In the case of a positive decision by the consular officer, the applicant receives a visa allowing him/her to work in the U.S.

Important Aspects of Immigration

One of the key aspects of moving to the U.S. is completing immigration forms and submitting an application. This is the first step towards obtaining a visa. Incorrect completion or providing false information can lead to a visa denial or even an overstay without the possibility of extension. 

Another important point is the review of the application by an immigration officer. During the processing of your application, the officer considers all the documents you have provided, undergoes a verification procedure, and makes a decision. At this stage, it is important to provide all necessary documents and comply with the requirements.

Visa Issuance Procedure and Interview

Obtaining a visa involves several important steps, such as submitting an application, completing necessary forms, and interviewing with an immigration officer at a U.S. consulate or embassy. After submitting a visa application, an interview is required, during which the consular officer assesses your eligibility for the immigration category.

In the case of a successful interview and meeting all requirements, the applicant receives an immigrant visa. However, in some cases, a decision may be made to deny the visa for various reasons, including incorrect document completion or suspicion of the authenticity of the provided information.

Citizenship and Permanent Residency

Obtaining U.S. citizenship is the final stage. After obtaining permanent residency, a resident can apply for citizenship after several years. The citizenship process includes passing a test on U.S. history and laws, as well as taking the Oath of Allegiance.

Immigration to the U.S., including family-based and employment-based immigration, is a complex but achievable process. It is important to carefully follow all steps, correctly complete documents, and adhere to instructions. This ensures successful completion of the procedure and obtaining a visa for lawful residence and employment in the United States of America.

Why Does It Take So Long to Get a Green Card?

Many who apply for a green card face long waiting times, which raises many questions. This process is often accompanied by delays, and there are many reasons for this. The U.S. immigration system, particularly the United States Citizenship and Immigration Services (USCIS), operates as a complex bureaucratic machine. Even in the digital age, most applications and petitions are still processed in paper form, which slows down the process. This often leads to document loss and increased processing times.

What Affects Immigration Processing Times?

The immigration process consists of several stages, and processing times can vary at each stage. The initial stage, related to document preparation, depends on how quickly you gather the necessary materials and submit them to the appropriate authorities. Then your case is reviewed by USCIS, which also takes time, as the system does not always operate efficiently and quickly.

How Is the U.S. Immigration System Structured?

USCIS was established to control and manage immigration processes. However, it operates slowly due to bureaucratic procedures. Additionally, the structure of USCIS is focused on identifying deficiencies in submitted applications, which can also increase processing times. Backlogged cases, the aftermath of the pandemic, and policy changes add additional complexities.

How to Obtain a U.S. Green Card?

The process of obtaining a green card in the U.S. can seem complicated, especially if you are unfamiliar with the stages and requirements. The main paths to obtaining a green card are filing petitions I-130 and I-140. Let’s take a closer look at these petitions and find out what steps need to be taken for successful completion of the process.

Green Card Processing Times

After the approval of petition I-130 or I-140, the wait for a visa begins. It is important to remember that the number of immigrant visas is limited, so even after petition approval, additional time may be required to obtain a green card.

The visa bulletin, published monthly, is used to determine the timing for filing a green card application. This bulletin lists the dates by which documents can be submitted for status adjustment or immigrant visa issuance. For some categories, such as spouses and children of U.S. citizens under 21, there is no waiting period, but for other categories, the process may take longer.

How to Use the U.S. Visa Bulletin?

When your application, whether it be petition I-130 (for family-based immigration) or I-140 (for employment-based immigration), is approved, the next step is waiting for visa availability. This is where the visa bulletin comes into play, which is updated monthly and shows when you can apply for a green card or immigrant visa. For example, for U.S. citizens reuniting with spouses or children under 21, there is no waiting period. For other categories, such as spouses of green card holders, there is a waiting period, and it is important to refer to the visa bulletin to determine the timing.

Family-Based Immigration – Important Points

In family-based immigration, it is important to know the category of your petition, for example, F2A — for spouses and children of green card holders. The visa bulletin lists two dates: “Date for Filing” and “Final Action Date.”

If your priority date (indicated in the petition approval notice) matches or precedes the date listed in the bulletin, you can apply for status adjustment.

Employment-Based Immigration

For employment-based immigration, the process is similar. It is important to determine your category and find the corresponding date in the visa bulletin. For example, for the EB2 category (second preference category) in February 2024, the filing date is February 15, 2023. If your priority date precedes this date, you can apply for status adjustment.

It is important to keep track of visa bulletin updates and USCIS clarifications, as rules may change. After a new bulletin is released, USCIS may provide additional clarifications on using certain dates for filing applications.

Obtaining a green card is a process that requires patience and understanding of all stages of the U.S. immigration system. Knowing how visa bulletins work and being able to navigate them correctly can significantly help reduce waiting times and avoid unnecessary delays. Despite the complexities and bureaucratic hurdles, with the right approach and attention to detail, you can successfully go through all stages of immigration and obtain the desired green card. Keep track of visa bulletin updates and USCIS clarifications to stay informed of all changes and timely submit the necessary documents.