Family-Based Priority Date Movements

1. What is the current priority date for family-based green card applications?


The current priority date for family-based green card applications is December 8, 2019.

2. How do I know if I am eligible for a family-based green card?


In order to be eligible for a family-based green card, you must have a qualifying family relationship with a United States citizen or Lawful Permanent Resident. This may include being a spouse, child, parent, or sibling of a US citizen or Lawful Permanent Resident. You must also meet certain other criteria in order to be eligible for a green card. You should consult an immigration lawyer to help determine your eligibility.

3. How long does it take to obtain a green card through a family-based application?


The processing time for a green card application through family-based immigration depends on the particular category of the applicant, as well as the particular location of the application. In general, it can take anywhere from 6 months to several years, depending on the specifics of the case.

4. Can I bring my family to the United States with me through a family-based green card application?


Yes. Family-based green card applications allow family members to come to the United States with you. This includes a spouse, unmarried children under 21, parents, and siblings. However, the process can be complex and lengthy depending on your circumstances and the category you apply under.

5. What documents will I need to submit in order to apply for a family-based green card?


In order to apply for a family-based green card, you will need the following documents:

1. Proof of U.S. Citizenship or Permanent Resident Status of the Petitioner (if applicable).
2. Copy of the Petitioner’s Birth Certificate.
3. Proof of Relationship between Petitioner and Beneficiary (birth certificates, marriage certificates, adoption documents, etc.).
4. Copy of the Beneficiary’s Birth Certificate.
5. Copy of the Beneficiary’s Passport and/or other U.S. immigration documents, if applicable.
6. Copy of any Divorce or Death Certificates, if applicable.
7. Financial Documents showing the Petitioner’s ability to support the Beneficiary (tax returns, bank statements, pay stubs).
8. Signed Affidavits of Support from family members or friends who can provide financial support to the Beneficiary, if applicable.
9. Proof of Legal Entry into the United States (if applicable).
10. Any additional evidence that may be required by the USCIS to approve your application.

6. Is there a limit on the number of family members I can bring with me on a family-based green card application?


Yes, there is a limit to the number of family members you can bring with you on a family-based green card application. The limit is based on the type of green card you are applying for. If you are applying for an immediate relative (IR) green card, there is no limit to the number of family members you can bring with you. However, if you are applying for a family preference category (FPC) green card, the limit is five family members, including yourself.

7. Can I adjust my status from a non-immigrant visa to a family-based green card?


Yes, you can adjust your status from a non-immigrant visa to a family-based green card. You must meet the eligibility requirements for the immigrant visa category you are applying for and must demonstrate that you are admissible to the United States.

8. Can I have my priority date moved up if I am filing for a family-based green card?


Yes, if you have a pending family-based green card petition, you may be able to get your priority date moved up. This is usually done through a process called “visa porting” or “upgrading” and involves combining two or more pending family-based petitions. However, this can be a complicated process and requires careful evaluation of your individual circumstances to determine if it is an option. It is recommended that you consult with an experienced immigration attorney for advice on this issue.

9. How do I calculate my priority date for a family-based green card application?


Your priority date is the date when you first filed your family-based green card application with the U.S. Citizenship and Immigration Services (USCIS). You can find this date on your case receipt notice, which you should have received when you initially submitted your application.

10. What are the requirements for filing for an immigrant visa based on family relationship?


In order to file for an immigrant visa based on family relationship, the petitioner must be a U.S. Citizen or Lawful Permanent Resident who is related to the beneficiary. The beneficiary must also be admissible to the United States based on the medical, criminal, and security background checks. Additionally, the petitioner must demonstrate that they can financially support the beneficiary once they arrive in the United States, as well as prove that they have a bona fide relationship with the beneficiary.

11. How can I check the status of my family-based green card application?


You can check the status of your family-based green card application by visiting the USCIS website and entering your receipt number. You can also call the USCIS National Customer Service Center at 1-800-375-5283 or call the office that is handling your application.

12. What are the fees associated with filing a family-based green card application?


The filing fees associated with filing a family-based green card application depend on the category of the applicant and the filing fee for the I-130 Petition filed by the family member. Generally, the filing fee for an I-130 Petition is $535. In addition, there may be additional fees for biometrics, medical exams, and other necessary forms. Additionally, applicants must pay a fee for an Affidavit of Support form (Form I-864), ranging from $120 to $1,140, depending on the circumstances.

13. What if I am already in the United States and want to apply for a family-based green card?


If you are already in the United States and want to apply for a family-based green card, you may be eligible to file an I-485 Adjustment of Status application. This application allows you to apply to become a permanent resident of the United States without having to leave the country. To be eligible for this application, you must have an approved immigrant visa petition (Form I-130) from a qualifying relative, as well as meet certain other criteria. You should consult with an immigration attorney to discuss your eligibility and the specific requirements for filing this type of application.

14. Is it possible to expedite my application process for a family-based green card?


Yes, it is possible to expedite the application process for a family-based green card. In general, the U.S. Citizenship and Immigration Services (USCIS) has a process known as “expedited processing” which allows certain applications to be processed more quickly than other applications. To qualify for expedited processing, applicants must meet certain criteria. For example, applicants must demonstrate that they are facing an extreme emergency or hardship, such as a medical emergency or a financial loss due to a natural disaster. In addition, applicants may be able to expedite their application if they are active duty military personnel or the spouse of an active duty military member.

15. Does my application for a family-based green card require an interview?


Yes, all applications for a family-based green card require an interview with a U.S. Citizenship and Immigration Services (USCIS) officer, to review your application and to determine your eligibility for the card.

16. What is the difference between an immediate relative and a preference relative when filing for a family-based green card?


An immediate relative is an applicant who is the spouse, child, or parent of a U.S. citizen. Immediate relatives are not subject to numerical limits and are eligible for a green card as soon as their application is approved.

A preference relative is an applicant who fits into one of the four family-based immigration categories: unmarried sons and daughters of U.S. citizens, spouses and unmarried children of permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens. Preference relatives are subject to numerical limits and must wait for their application to be approved before they can receive a green card.

17. What is the difference between the F2A and F2B categories under the family-based immigration system?


The F2A category is for spouses and minor children of lawful permanent residents, while the F2B category is for unmarried sons and daughters of lawful permanent residents. The F2A category has a shorter wait time for visas to become available than the F2B category.

18. What are my rights as an applicant for a family-based green card once my application is approved?


Once your application for a family-based green card is approved, you will become a lawful permanent resident of the United States. This means you will be able to live and work in the United States indefinitely. You will also have certain rights and responsibilities as a permanent resident, including the right to apply for citizenship after living here for a certain amount of time, the right to vote in some local elections, and the responsibility to pay taxes.

19. Is it possible to transfer my priority date from another category to the family preference category?


No. The priority date for a family preference category is the date when the application was filed.

20. Are there any other options available if my priority date does not move significantly during the processing period of my family-based application?


Yes, there are other options available if your priority date does not move significantly during the processing period of your family-based application. You can look into the possibility of applying for an adjustment of status through a marriage-based petition or a U visa, both of which have limited spots and limited availability. Additionally, you may be able to apply for a waiver of inadmissibility if you have any prior criminal convictions or negative immigration history.