If there is a backlog of petitions, why should I apply now?
The way our immigration system stands today, it can take between 2-10 years to get a family-based green card. We are looking forward to a comprehensive immigration reform bill that allows for a faster process and less time separated from family members, but right now there is no way to expedite the family-based green card process.
However, family-based green cards are reviewed and approved on a first-come, first-served basis. This means that the sooner you apply and reserve a spot in the queue, the sooner your application will be processed. It also means that you are more likely to get moved forward if a family member’s age or marital status changes your preference category.
What if my child gets married before his or her I-130 priority date becomes current?
If the original sponsor is a U.S. citizen, then the child will switch to the “married son or daughter of a U.S. citizen” preference category. This will probably affect the processing time of his or her application.
If the original sponsor is a legal permanent resident of the U.S., then the child would no longer be eligible for U.S. residency since there is no preference category for married children of legal permanent residents.
What if an unmarried child of a permanent resident turns 21 years old?
If the child turns 21, and is still unmarried, the preference category will change from F2A to F2B. This will probably increase the processing time for his or her application, but won’t affect eligibility.
What if a permanent resident sponsor becomes a U.S. citizen?
If the sponsor becomes a U.S. citizen while the application is pending, this will change the preference category, and a visa may be available sooner.
Can a family member apply for a visitor visa while their green card application is pending?
Technically, your family member can apply for a B-1 or B-2 visitor visa during the green card application process. However, it is unlikely that he or she would be approved, because the consulate would assume that the individual intends to stay in the U.S. with his or her family members.