An immigrant needs a family member or an employer to petition for him or her to come live in the U.S. This article is about family petitions.
Who can apply?
The petitioner who is living in the U.S. has to be a green card holder or a U.S. citizen.
Who can come through this process?
| First preference (F1) | Unmarried sons and daughters (21 years of age and older) of U.S. citizens; |
| Second preference (F2A) | Spouses and children (unmarried and under 21 years of age) of lawful permanent residents; |
| Second preference (F2B) | Unmarried sons and daughters (21 years of age and older) of lawful permanent residents; |
| Third preference (F3) | Married sons and daughters of U.S. citizens; and |
| Fourth preference (F4) | Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older). |
How much does it cost (per applicant)?
| Form I-130 Petition for Alien Relative | $535 |
| Immigrant Visa Application | $325 |
| Form I-184 Affidavit of Support | $120 |
| The USCIS Immigrant Fee | $220 |
| $1200 |
How long does it take?
| Petitioner | Beneficiary | Processing Time (approximate) |
| U.S. Citizen | Siblings | 14 to 16 years |
| U.S. Citizen | Parents and children under 21 | 1 year |
| U.S. Citizen | Unmarried children over 21 | 7 to 8 years |
| U.S. Citizen | Married children over 21 | 13 to 14 years |
| Legal permanent Resident | Children under 21 | 2 to 3 years |
| Legal permanent Resident | Unmarried children over 21 | 8 to 9 years |
What are the steps?
- The petitioner will file Form I-130, Petition for Alien Relative with USCIS to establish the relationship with the foreign-citizen beneficiary. If the petitioner is applying for a spouse, the foreign-citizen spouse will have to file Form I-130A, Supplemental Information for Spouse Beneficiary but will not have to sign it since the petitioner will be filing it in the U.S. Both forms will be filed at the same time. USCIS will send the petitioner the I-797 approval notice when the petition is approved.
- The case will be sent to the National Visa Center and the petitioner will receive a letter or email assigning an invoice number, a case number, and a beneficiary ID to the beneficiary. These can be used to access the Consular Electronic Application Center (CEAC) which allows the user to upload requested documents and track the status of the case.
- The National Visa Center will let the petitioner know when there is an immigrant visa available based on the priority date which is the date the petition was filed. The current cases that the State Department is processing are on the Visa Bulletin website.
- The petitioner will be asked to file Form DS-261, Online Choice of Address and Agent, asking the petitioner who will be the contact person for the case.
- The petitioner will be asked to pay the fee for Form DS-260, Immigrant Visa Application ($325), and Form I-184 Affidavit of Support processing fee ($120) for each visa applicant.
- The petitioner will file Form I-864, Affidavit of Support, and scan and upload all supporting documents through the CEAC website.
- The beneficiary will file Form DS-260, Immigrant Visa Application through the CEAC website.
- The NVC will ask for civil documents that will need to be scanned and uploaded to the CEAC website. These documents will vary by country so check this State Department link.
- Once the NVC has all the documents, it will notify the beneficiary, the applicant, and the agent when a visa interview appointment is available at the U.S. Embassy in the country where the beneficiary lives.
- The beneficiary will schedule a medical examination for all visa applicants. Each U.S. Embassy will have its own procedure to follow. Check here what documents will be required for the medical examination. After the examination, the beneficiary will be given a sealed envelope to take to the embassy or the result may be sent directly to the embassy.
- The beneficiary will bring all the original documents uploaded to the CEAC website as well as copies. Documents that are not in English need an official translation. The affidavit of support form and supporting documents are not required. Other required documents are:
- A copy of the NVC visa interview letter
- A passport valid for 6 months beyond the date of the intended travel for each person applying
- Two 5 cm x 5 cm recent passport color photographs of each person applying
- The printed confirmation page for the Form DS-260
- If the visa is approved, the US Embassy will give the beneficiary a sealed envelope containing documents that must be given to U.S. customs and border protection authorities on arrival at the airport in the U.S.
- Each visa applicant will need to pay the USCIS immigrant fee of $220 after obtaining the visa and before flying to the U.S.
- The beneficiary must enter the United States before the expiration date of the visa.
- The green card will be mailed to the U.S. address that the petitioner filled out in the visa application form.
Upgrading the petition
If the petitioner was a legal permanent resident and becomes a U.S. Citizen, the petition must be upgraded from family second preference to an immediate relative.
The case is pending with USCIS
If the case is still pending with USCIS, the petitioner can send the proof to the address on the I-797 Form with a cover letter.
- Proof of U.S. citizenship to the National Visa Center (NVC). The proof can be a copy of the biodata page of the U.S. passport or a copy of the certificate of naturalization.
- Copy of I-797 approval notice. Send the proof to the address on the I-797 Form with a cover letter.
The case is pending with the NVC
Send the above-mentioned proof as an attachment to the NVC Public Inquiry Form. You’ll also need to identify your case with the NVC case number you were provided.