How long does a petition for alien relative take in the United States?

Through different legal pathways, accessing to a better future in the United States is possible, especially for family members of U.S. citizens or legal residents.

The Family Immigration Petition makes family reunification possible, and, therefore, understanding what the process entails and how long a family-based immigration petition takes in the United States is key information for any individual interested in immigrating. In Jaskot Law we are committed to provide you with all the information about it.

What is a petition for alien relative?

The Petition for Alien Relative is a possible pathway offered by the U.S. immigration law whereby a U.S. citizen or lawful permanent resident may petition for a family member to obtain legal status in the United States.

This process is initiated by filing the Form I-130, which has different categories of relationship that qualify a family member for permanent residency through a family-based petition.

Who is eligible for a family-based petition?

By submitting a family-based petition, the petitioner is establishing his or her legitimate relationship with the beneficiary, who must be eligible under the following criteria:

• First preference: Unmarried sons/daughters of U.S. citizens who are 21 years of age or older.
• Second preference: Spouses and unmarried children under 21 years of age and unmarried sons/daughters over 21 years of age.
• Third preference: Married sons/daughters.
• Fourth preference: Siblings of U.S. citizens who are 21 years of age or older.

What happens after obtaining the petition for alien relative?

Once the Petition for Alien Relative is approved, the applicant receives a notice of approval from the U.S. Citizenship and Immigration Services (USCIS). Upon approval of the application, the applicant may proceed to apply for the Adjust of Status or Consular Processing to become a lawful permanent resident.

It is necessary to clarify that the approval of your Family-based Petition through Form I-130 only ratifies the family relationship between the U.S. citizen and the petitioner. This form provides a place on the waiting list for the processing of the corresponding visa, but does not grant benefits.

Adjustment of Status

If the petitioning relative is in the United States, the beneficiary may apply for Adjustment of Status to become a lawful permanent resident. The applicant will be able to obtain a green card, through the presentation of the Form I-485 (Application for Registration of Permanent Residence or Adjustment of Status).

Consular Processing

If the applicant is not in the United States, the form will be sent to the National Visa Center, or NVC. This center will forward your request to the appropriate consulate, and you will be informed when a visa becomes available.

How to follow up on my case?

Once the application is filed, the family preference category to which the applicant belongs to will determine the waiting time required to receive an immigrant visa number. The follow-up of your application can be done through the official USCIS website in the Case Status section. Here, you will need to enter your 13-character receipt ID number and press the Check Status button to access updated information.

Visa Bulletin

Another way to keep up-to-date with the immigrant visa availability for foreign applicants is the Visa Bulletin, which is a monthly publication from the U.S. Department of State that provides status information, what visa categories are available, and how many visas are allocated to each category and country.

How long does permanent residence by family-based petition take?

As mentioned above, the duration of the family petition process in the United States varies depending on factors such as the relationship to the sponsor, the nationality of the applicant and the availability of visas. However, as an estimate, we can highlight the following categories:

• For spouses of U.S. citizens: 13 to 54 months.
• For spouses of permanent residents: from 32 to 67 months.
• Form I-458 processing: 20 months.

The following are the processing times for Form I-130 for U.S. citizens and lawful permanent residents petitioning for a spouse:

Service centers	U.S. Citizens	Legal permanent residents
California Service Center	14 months	38.5 months
Nebraska Service Center	14 months	29 months
Texas Service Center	14 months	32.5 months
Potomac Service Center	14 months	37 months
Vermont Service Center	14 months	34.5 months

These are the processing times for Form I-485 at USCIS offices:

Agana GU	17 months	Manchester NH	13.5 months
Albany NY	20 months	Memphis TN	22 months
Albuquerque NM	14.5 months	Miami FL	23.5 months
Anchorage AK	16.5 months	Milwaukee WI	14 months
Atlanta GA	23 months	Minneapolis-St. Paul Paul MN	23.5 months
Baltimore MD	24 months	Montgomery A	15 months
Boise ID	18 months	Mount Laurel NJ	14 months
Boston MA	15 months	Nashville TN	20 months
Brooklyn NY	23 months	New Orleans LA	25.5 months
Buffalo NY	12 months	New York City NY	18 months
Burlington VT	12 months	Newark NJ	17.5 months
Charleston SC	20.5 months	Norfolk VA	21 months
Charlotte Amalie VI	17.5 months	Oakland Park FL	16.5 months
Charlotte NC	18.5 months	Oklahoma City OK	16 months
Chicago IL	17.5 months	Omaha NE	19.5 months
Christiansted VI	17 months	Orlando FL	18 months
Cincinnati OH	14.5 months	Philadelphia PA	15 months
Cleveland OH	13.5 months	Phoenix AZ	14.5 months
Columbus OH	13.5 months	Pittsburgh PA	14.5 months
Dallas TX	15 months	Portland ME	13.5 months
Denver CO	18.5 months	Portland OR	17 months
Des Moines IA	17 months	Providence RI	16.5 months
Detroit MI	14.5 months	Queens NY	21 months
El Paso TX	14 months	Raleigh NC	21 months
Fort Myers FL	18.5 months	Reno NV	15 months
Fort Smith AR	13.5 months	Sacramento CA	19 months
Fresno CA	16 months	Saint Louis MO	14.5 months
Greer SC	13.5 months	Salt Lake City UT	34.5 months
Harlingen TX	18.5 months	San Antonio TX	17 months
Hartford CT	15.5 months	San Bernardino CA	15 months
Helena MT	17 months	San Diego CA	18.5 months
Hialeah FL	15 months	San Fernando Valley CA	13 months
Honolulu HI	15 months	San Francisco CA	19 months
Houston TX	16.5 months	San Jose CA	14 months
Imperial CA	12.5 months	San Juan PR	17.5 months
Indianapolis IN	20 months	Santa Ana CA	17 months
Jacksonville FL	19 months	Seattle WA	18 months
Kansas City MO	20.5 months	Spokane WA	15.5 months
Kendall FL	19.5 months	Tampa FL	15.5 months
Las Vegas NV	22 months	Tucson AZ	13.5 months
Lawrence MA	14 months	Washington DC	19 months
Long Island NY	15 months	West Palm Beach FL	16.5 months
Los Angeles C A	15.5 months	Wichita KS	15 months
Los Angeles County CA	13 months	Yakima WA	16.5 months
Louisville KY	14 months

What are the possible grounds of inadmissibility for permanent residence by family petition?

It is now necessary to remember that the family petition ratifies the relationship of the U.S. citizen or permanent resident to the petitioner, and that there are several grounds on which a family petition may be deemed inadmissible. Among the most common grounds for inadmissibility are the following:

• Criminal record: having committed certain crimes may be ground for inadmissibility.
• Health: suffering from diseases that represent a risk to public health, and not complying with vaccination requirements.
• Status and fraud: having a prior deportation order and/or false documentation may be grounds for inadmissibility.
• Security and terrorism: any involvement in terrorist activities that endanger national security are also grounds for inadmissibility.

It is important to note that inadmissibility does not mean that the family petition is immediately denied. Exceptions and exemptions are available on a case-by-case basis.

How can the Petition for Alien Relative process be accelerated?

Shortening the process of the family-based immigration may be possible if certain proactive steps are taken, such as making sure that all necessary forms and documents are completed correctly and submitted in a timely manner. Errors or lack of information are often the cause of significant delays.

In addition, it is essential to provide clear, convincing and legitimate evidence of the family relationship, such as birth certificates, marriage certificates or photographs, among others. Finally, enlisting the help of an immigration attorney can make all the difference in getting an application approved.

How can an immigration attorney help in the Petition for Alien Relative process?

It is important to understand that the Petition for Alien Relative is a complex process and is known for its long waiting times. That is why having an experienced family petition attorney can be particularly valuable when dealing with complex cases that delve into issues such as current immigration status, criminal history, or the presence of inadmissibility barriers.

A qualified attorney can guide you and help you avoid common mistakes that can result in significant delays or even denials. Jaskot Law’s committed attorneys can help you understand these issues and develop effective strategies to address them, thereby increasing your chances of success.

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