How does the application process work?

There are several steps to the family-based immigration process:

The first step is the filing of the application (I-130) with U.S. Citizenship and Immigration Services (USCIS). The U.S. citizen will always act as applicant/sponsor for his or her relative. In case the relative already is in the U.S. on a valid visa, the petition can be submitted together with the adjustment of status application.
Further documentation (e.g. payment confirmation, documentation of the family relationship etc.) has to be included in the petition. Processing times at the USCIS Service Centers vary greatly depending on the degree of relation.
USCIS will approve the petition if the family relationship is convincingly documented. However, the petition might also be rejected, for example if USCIS suspects that a marriage only is a sham to get a green card. In case of doubt the couple will be invited for questioning, or the authority officials may show up for unannounced visits.

After USCIS has approved the petition, the applicant will be issued the green card in the so-called "consular processing". This, too, is a very complex process that is no to be underestimated. Furthermore, it is also possible to apply for adjustment of status in the U.S. (e.g. in case the applicant is already holding a valid non-immigration visa).

IMPORTANT NOTE: Find current information about the current availability and the waiting times for your visa category in the monthly Visa Bulletin. A visa is available immediately in case your category is marked with a "C" for "current". In case you find a cut-off date for your category, this means that no visas are available. Only if the priority date on your green card application is earlier than the cut-off date will a visa be available for you. The priority date is the date the USCIS or the US consulate outside the U.S. has received your petition.

How does the application process work?

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