Answering Family-based Visa FAQs

Published: May 6, 2022

In Fiscal Year (FY) 2019, family-based visas composed 68.8% of the newly issued green cards. This statistic equates to more or less 480,000 entries. Since the number of available slots is limited, applicants should be vigilant to get things right the first time they apply.

ALG Lawyers is here to assist and guide you through every process. We understand that this situation can be overwhelming. We are offering you high-quality immigration services to smooth things out.

Family-based Green Card

A noncitizen may gain permanent residency in the United States through family-based immigration. A family member may sponsor you to reside in America lawfully.

There are two (2) types of family-based immigrant visas via immediate relatives and family preference. Under the immediate relatives category, qualified applicants include the spouse, children, or parents of US citizens. There is no annual limit to the number of available slots for this category. In contrast, applicants under family preference are for more specific and instant family relationships of US citizens and Lawful Permanent Residents (LPRs). There is an annual limit of available slots under this category.

We prepared important notes on family-based visas and other related issues to enrich your knowledge on this matter. Have a quick run-through of the following question and answer sections:

Commonly Asked Questions

We know some of these questions have already crossed your minds. ALG Lawyers provided comprehensive answers to keep you well-informed.

1. How long is the family visa processing time?

The processing time for family-based visas varies depending on the applicants. Generally, applications made under the immediate family member category can be faster than those with the family preference category.

To better assess how long an applicant should expect before they can potentially get a family-based visa, they should determine their US Green Card eligibility, immigration status, and other conditions that may bar their application.

Overall, getting a family-based visa may take months to years. Please manage your expectations so that you can adjust your plans and make appropriate decisions while your application is still pending. Our experienced Los Angeles immigration lawyers can help explain your options.

2. How much does processing family visa cost?

Processing family-based visa costs vary from one case to another as well. Besides the differences in categories, applicants may also have unique circumstances that may require them to undergo specific processes and submit the corresponding documents.

Applicants need to file specific forms. One of them is the I-130 petition, which costs around $535. This form does not include the application fee. Please also prepare for costs relating to retrieving documents, shipping of requirements, and medical examinations, among others.

Visa applications can be costly. Avoid making unnecessary expenses by consulting with a reliable immigration lawyer. ALG Lawyers can help you make practical decisions.

3. What is a visa bulletin?

The visa bulletin is an essential list for all visa applicants, not just candidates applying for family-based visas. It is a publication of the United States Department of State (DOS) that provides an updated waiting list for immigrants subject to the quota system. It displays who among the Green Card applicants can proceed with the immigration process and move on to the next steps based on when they initially filed their application.

4. What is a priority date?

A priority date refers to when a principal applicant first reveals their intention to immigrate to America. For family-based visas, the priority date is when the USCIS receives an immigration petition filed by a sponsor on behalf of their chosen beneficiaries.

Applicants cannot establish their priority dates if the USCIS does not approve their immigration petition. An applicant can secure a slot in the queue for a family-based Green Card application by having a priority date.

5. Can I petition for my spouse’s children?

The general answer would be “yes.”

Under the law, a US citizen and LPR stepparent may petition for their stepchild to immigrate to the United States or adjust their status when they are already residing in the country. However, the stepparent must be married to the child’s biological parent before the beneficiary turns eighteen (18) years old.

Please note that you do not have to adopt your stepchild to petition for them.

6. Can an LPR petition for me?

Compared to US citizens, LPRs have a more limited range of who they can petition via a family-based visa. They may only sponsor their spouse, minor children, and unmarried adult sons and daughters.

If you are an LPR, you must prove your relationship with the beneficiaries by attaching sufficient documentation to the petition. You should also prove that you can support your relatives after they come and live in the United States.

7. After getting a family-based visa, can I become a US Citizen?

Applicants under immediate relative and family preference can become a LPR upon their family-based visa petition approval. However, they may not automatically become US citizens. To be a US citizen, they need to undergo naturalization.

LPRs have to possess the necessary eligibility to apply for naturalization. After this process, it is then that an LPR who was once a noncitizen may change their status into a full-fledged US citizen.

8. What happens during the visa interview?

Like other US visas, the family-based visa process requires applicants to undergo interviews. The said interviews will help the USCIS ascertain the applicant’s intentions and the validity of their submissions.

For a better interview experience, seek guidance from ALG Lawyers. Our dedicated Los Angeles immigration attorneys can guide you through the interview process.

9. I moved in the middle of the application. What should I do?

Generally, applicants for family visas may change residences as long as they stay within the US territory. However, they should timely update the USCIS about it. Upon moving, the applicants must notify the USCIS where they are moving so that the agency may know where to send their correspondences.

Failure to provide due notice to the USCIS is not a justifiable reason for delay or noncompliance with USCIS requirements. Sometimes, the USCIS may require applicants to reply. Because of the change of address, they may not receive the necessary notices and make prompt responses.

It is best to consult an immigration green card lawyer whenever you intend to move from one place to another.

10. My application was denied. Can I still continue?

It all depends on the reasons why the USCIS denied your application. Some of the most common reasons would be violating US laws, noncompliance with requirements, and sending required documents beyond the deadline.

It is also essential to determine if the USCIS did not commit an error upon reviewing your application. While the chances are slim, the USCIS can commit some mistakes due to the bulk of applications in its offices.

There are many options for those who received a denial for their applications. However, the best course of action would be to consult an expert. Lawyers for Green Card can thoroughly explain the best paths for you.

Reunite in the United States

Families should live together. By partnering with ALG Lawyers, you can make that happen in the United States. We think you and your family deserve a better life without being apart for too long. The entirety of our immigration law firm, including our experienced lawyers and reassuring staff members, will be there to make every process easier for you.

Do not hesitate to discuss this with us. Let us know what kind of help you need, and we will do our best to exceed your expectations. Do not wait any longer to fulfill your dream family life in America. Let’s start working things out today.