www.vidagolaw.com » visa bulletin http://www.vidagolaw.com/blog A law blog from the Law Office of Vida Gosrisirikul, PC Thu, 18 Nov 2010 01:01:06 +0000 http://wordpress.org/?v=2.9.2 en hourly 1 Who Can I Sponsor for a Green Card? (Updated) http://www.vidagolaw.com/blog/who-can-i-sponsor-for-a-green-card-updated/ http://www.vidagolaw.com/blog/who-can-i-sponsor-for-a-green-card-updated/#comments Wed, 11 Feb 2009 07:20:32 +0000 vidagolaw http://www.vidagolaw.com/blog/?p=21 The topic of who a green card holder or a U.S. Citizen may sponsor seems to be a very popular one. Thus far, it has drawn the most comments and questions to date. I wrote the original post in December 2007 to help folks identify which relatives they could sponsor.  That information has not changed, so make sure you read that post. What does change from time to time are the current wait times. Current wait times or “priority dates” are updated every month by the State Department in a document known as the Visa Bulletin. Times can advance, but they can also go backwards which can be very frustrating for those who are awaiting green cards and the family members who have sponsored them.  To illustrate how far (or in some cases how little) the times have advanced, I have outlined the preference categories and current average waiting periods are below.  Please note these are approximated.

Preference Relative Preference Category Average Wait Time
Unmarried Son/Daughter 21 & over of U.S. Citizen Family First Preference 7 Years (16 Years for Mexico & Philippines)
Husband/Wife and Children of Green Card Holder Family Second Preference (A) 7 Years for Husband/Wife and children under 21
Unmarried Son/Daughter 21 & over of Green Card Holder Family Second Preference (B) 8.5 Years (16.5 Years for Mexico and 11.5 Years for Philippines)
Married Son/Daughter of U.S. Citizen Family Third Preference 8.5 Years (16.5 Years for Mexico and 15 Years for Philippines)
Brother/Sister of U.S. Citizen Family Fourth Preference 11 Years (14 Years for Mexico/23 Years for Philippines)

Countries such as Mexico, India and the Philippines may have longer waiting times since the demand for immigrant visas are higher than in other countries.  In comparing the wait times noted from a little over a year ago in the last post, unfortunately, not much progress has been made. In many cases, although a year has passed, advances in the wait times have only moved forward by a couple of months.

]]> http://www.vidagolaw.com/blog/who-can-i-sponsor-for-a-green-card-updated/feed/ 347 Who Can I Sponsor for a Green Card? http://www.vidagolaw.com/blog/who-can-i-sponsor-for-a-green-card/ http://www.vidagolaw.com/blog/who-can-i-sponsor-for-a-green-card/#comments Mon, 03 Dec 2007 10:05:52 +0000 vidagolaw http://www.vidagolaw.com/blog/who-can-i-sponsor-for-a-green-card/ NOTE: After you read this post, see the February 2009 update with current wait times from the Visa Bulletin.

 

The answer depends on whether you are a permanent resident (green card holder) or a U.S. Citizen. U.S. Citizens can sponsor additional family members that green card holders cannot sponsor. Additionally, U.S. Citizens can petition for a fiance/fiancee to come to the U.S. to be married, while a green card holder is not given the same privilege. The person filing the petition is called the Petitioner. The person you are filing for is called the Beneficiary.

Your Status Who You Can Petition Beneficiary’s Category
Citizen Husband/Wife Immediate Relative
Citizen (& you are at least 21) Parent Immediate Relative
Citizen Unmarried Child Under 21 Immediate Relative
Citizen Unmarried Son/Daughter 21 & over Preference Relative
Citizen Married Son/Daughter of any age Preference Relative
Citizen (& you are at least 21) Brother/Sister Preference Relative
Green Card Holder Husband/Wife Preference Relative
Green Card Holder Unmarried Son/Daughter of any age Preference Relative

 

What is the difference between an Immediate Relative and Preference Relative?

An immediate relative has an immigrant visa (green card) immediately available to them. An immediate relative does not have to wait for an immigrant visa number to be available. Once a visa petition is filed for an immediate relative and the petition is approved by USCIS, the visa will be immediately available. The wait involved for an immediate relative is due to the green card processing time. In contrast, a preference relative does not have the benefit of an immediately available immigrant visa number. A preference relative must wait for a visa number to become available which can be several years, even more than a decade in some circumstances. The preference categories and current average waiting periods are outlined below:

Preference Relative Preference Category Average Wait Time
Unmarried Son/Daughter 21 & over of U.S. Citizen Family First Preference 6 Years (15 Years for Mexico & Philippines)
Husband/Wife and Unmarried Son/Daughter of any age of Green Card Holder Family Second Preference 5 Years for Husband/Wife and children under 21 (10 Years/16 Years for Mexico for Unmarried Son/Daughter 21 & over)
Married Son/Daughter of U.S. Citizen Family Third Preference 8 Years (16 Years for Mexico)
Brother/Sister of U.S. Citizen Family Fourth Preference 11 Years (14 Years for Mexico/22 Years for Philippines)

The wait times are determined by checking current priority dates. The U.S. Department of State posts the priority dates, monthly in a chart called the Visa Bulletin. The posted wait times can change from month to month. Countries such as Mexico, India and the Philippines have longer waiting times since the demand for immigrant visas are higher than in other countries.

 

Make sure you also read the February 2009 update on this post, it has information from the State Department Visa Bulletin.

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