IBP Immigration Law – Just Start Your American Dream

Divorce and Your Green Card

If you have been married for less than two years when your green card is granted, you’ll receive a conditional or temporary green card, which is only valid for two years.

Before it expires, you must jointly file a petition to remove conditions on a marriage-based green card and receive a permanent (unconditional) green card.

But what if your marriage doesn’t survive the two-year mark?

The I-751 Petition

Should you find yourself in a divorce situation before your conditional green card becomes unconditional, you can still apply for a waiver of the joint filing requirement and file the I-175 petition regardless. This requires proving that the marriage was genuine and not a means to obtain immigration benefits.

It’s crucial to provide strong evidence to support your case, such as joint financial records, shared assets, and statements from loved ones who can vouch for your marriage.

Effect on Your Permanent Residency

While a divorce doesn’t automatically mean you will lose your permanent residency, it can complicate the process. If your temporary green card has already become permanent, your legal permanent residency remains intact. However, if you’re in the process of removing the conditions, the divorce might necessitate a waiver.

The Process of Submitting an I-751 Waiver

To file Form I-751 with a waiver of the joint filing requirement, it’s crucial to prepare a comprehensive package that includes the following elements.

USCIS Filing Fee: Be sure to include the required filing fee, as outlined by the United States Citizenship and Immigration Services (USCIS);
Copy of Your Permanent Resident Card: Provide clear copies of the front and back of your permanent resident card to establish your current status;
Divorce Decree or Annulment Document: Include a copy of the divorce agreement, marriage dissolution contract, or annulment form. In situations where this document is not yet available, you can submit evidence demonstrating that divorce proceedings are underway.
Evidence of a “Good Faith” Marriage: Compile a compelling body of evidence that substantiates the authenticity of your marriage. This evidence can encompass a diverse range of documents and proofs, so it’s essential to present a comprehensive case.
Circumstances Surrounding the End of Your Marriage: Offer evidence that provides insight into the reasons behind the dissolution of your marriage. The nature of this evidence will depend on whether your divorce was a “no-fault” one or if actions taken by your former spouse precipitated it.
Personal Statement and Supporting Evidence: Draft a personal statement outlining the circumstances surrounding your divorce or ongoing divorce proceedings. This statement, coupled with corroborating evidence, can significantly strengthen your I-751 waiver application.

What Qualifies as a No-Fault Divorce?

In cases where a divorce after a green card was granted to the foreign-born spouse was prompted by irreconcilable differences or a mutual decision to end the marriage, emphasize that it was a “no-fault” divorce.

Detail the specific differences that led to the divorce, such as disagreements on matters like having children or choosing a place to live. If you attempted to salvage the marriage through counseling, provide records or evidence of counseling, such as invoices or appointment schedules.

A Closer Look at Divorce by Fault of Ex-Spouse

In instances where the divorce is a result of your spouse’s actions, such as adultery, abandonment, impotence, or imprisonment, you can submit a copy of the divorce or annulment petition that outlines these fault grounds or any other supporting evidence.

It’s essential to avoid making statements that imply you were at fault in the divorce, especially if your actions played a role in the dissolution. If you suspect that your conduct may have adversely affected the divorce proceedings, it’s crucial to seek guidance from an experienced immigration lawyer.

When filing Form I-751 jointly with your spouse, it must be submitted within the 90-day window preceding the expiration of the conditional resident’s green card. However, if you’re applying with a waiver after a divorce, you enjoy greater flexibility. The petition can be filed at any point following the grant of conditional resident status and before the temporary green card holder is subjected to removal proceedings.

Waiver When the Divorce is Not Final

In certain scenarios, the conditional resident’s status may expire before the divorce is officially concluded due to prolonged divorce proceedings. In such situations, various options are available.

They could do one of the following:

File the I-751 Petition with evidence that demonstrates the initiation of divorce proceedings;
Delay filing the I-751 Petition until conditional resident status has lapsed and removal proceedings are initiated.

Individuals facing this complex decision should consult an experienced immigration attorney who can provide tailored guidance regarding an impending divorce after getting a temporary green card. Failure to file the I-751 can result in temriantion of your permant recidecy and commencement of removal proceedings against you.

Should you choose to file Form I-751 with a waiver predicated on divorce, USCIS will require proof of the marriage’s termination, such as a divorce decree or annulment, before granting your request.

To fortify your case, providing evidence that the divorce process has been set in motion, such as court documents, can significantly enhance your application’s strength. Typically, USCIS will respond with a receipt notice (Form I-797C) extending your green card’s validity for an additional period (usually one year) and will subsequently request the final divorce decree when available.

The Impact on Naturalization Proceedings

Divorce can also affect your eligibility for US citizenship through naturalization. To become a US citizen, you typically need to be a permanent resident for at least five years—three years for spouses of US citizens.

If you’re divorced during this period, it might affect the timeline for your naturalization eligibility.

Get Legal Help Removing Conditions on Marriage-based Green Card Post-Divorce

The immigration process can be intricate, and its intersection with divorce adds more complexity.

Consulting with an immigration lawyer is highly recommended in these situations—even better if they speak your native language. Schedule a consultation with Attorney Perez, who has the experience to help you get to LPR status and can communicate in Spanish, English, and Portuguese with her clients.

Let Attorney Perez examine your specific circumstances, guide you through the process, and help you navigate the requirements for removing conditions on your marriage-based green card.

Book your consultation online.

Before Naturalization: Marriage-Based Petitions

Having a green card is one of the major prerequisites for submitting your citizenship application. A foreign-born spouse must first establish their eligibility through a marriage-based green card in this instance.

This process typically involves the following steps.

Marriage Certificate: The foundational document for the entire process is the marriage certificate. A valid and legally recognized marriage certificate is a prerequisite for this journey. Only legally married couples are eligible to pursue permanent residency through marriage;
Filing Form I-130: The US citizen spouse is responsible for filing Form I-130, the Petition for Alien Relative. This petition is submitted to US Citizenship and Immigration Services (USCIS), and it serves as the formal request to establish the qualifying relationship between the US citizen and the foreign-born spouse.
Proof of Relationship: Along with Form I-130 petition, you must provide substantial evidence of their genuine and ongoing marital relationship. This can include joint bank accounts, shared bills, memories immortalized via photographs, and affidavits from friends and family verifying the status and nature of your marriage;
Filing Fees: As with most immigration processes, there are associated filing fees for the petition. These fees are not the same across the board and may vary, given the specific circumstances of the case. They are a necessary part of initiating the journey.

Adjustment of Status or Consular Processing

Once the marriage-based petition is approved, you have two paths to choose from for adjusting your immigration status.

Adjustment of Status: If you are already in the United States and you are eligible, you can opt for adjustment of status by filing Form I-485 without flying back to your home country. This option typically takes several months to complete;
Consular Processing: If you are residing abroad, preferably in your home country, you can visit a US embassy or consulate for consular processing. This process permits you to receive an immigrant visa for lawful entry into the US, after which you will become a permanent resident upon arrival.

Conditional Green Card

In many marriage-based immigration cases, the foreign-born spouse initially receives a conditional green card. This conditional status is granted for two years and serves as a probationary period designed to ensure that the marriage is genuine. To remove these conditions and eventually kick off the naturalization process, you must file Form I-751 with your legal spouse 90 days before the conditional green card is set to expire.

Naturalization Eligibility

To become eligible for naturalization, you must meet specific requirements, which typically include the following.

Meeting the Residency Requirement: The US citizen spouse (you) must have held a green card for at least three years if they are married to a US citizen. If you are married to a legal permanent resident, this duration is increased to five years as you go further down the priority list. This criterion demonstrates your commitment to and integration into American society;
Continuous Residence: You must have resided in the United States continuously for the specified period leading up to your citizenship application. Prolonged absences from the country can affect eligibility;
Good Moral Character: Demonstrating good moral character is crucial. This entails maintaining a clean criminal record and abiding by US laws. Criminal convictions, certain traffic violations, or legal issues like failure to pay child support can potentially impact your eligibility;
Language and Civics Test: Passing a US history and government test and an English language proficiency test is a fundamental part of the naturalization process. You are required to demonstrate your ability to communicate in English and your knowledge of US history and government;
Taking the Oath: The Oath of Allegiance is where you solemnly swear loyalty to the United States. The Oath symbolizes your commitment to the values and principles that define the nation.

The Naturalization Process for Foreign-Born Spouses

Once the eligibility criteria are met, submit Form N-400, the Application for Naturalization. The application process involves various steps.

Biometrics Appointment: After applying, the applicant will be scheduled for a biometrics appointment. During this appointment, their fingerprints and a photograph will be taken for background checks;
Interview: The USCIS interviews the applicant, typically at a local USCIS office. This interview is designed to evaluate the applicant’s knowledge of US history, government, and English language proficiency. It is also an opportunity for the USCIS officer to review the applicant’s application and supporting documents;
Background Check: Throughout the naturalization process, a thorough background check is conducted to ensure the applicant’s good moral character. This includes reviewing criminal records and any other relevant information;
Oath Ceremony: If the applicant successfully completes all the necessary steps and is approved for naturalization, they are invited to attend a naturalization oath ceremony. During this event, they officially become a US citizen and take the Oath of Allegiance.

Frequently Asked Questions About the Naturalization Process

Now, let’s address some of the most frequently asked questions about the naturalization process for lawful permanent resident spouses of US citizens.

1. Can my spouse petition for me if they are a green card holder?
A green card holder may petition for their foreign-born spouse, but the process may take longer compared to a petitioner who is a US national.

2. How long does it take to complete the naturalization process?
The naturalization process depends on various factors, such as your location, USCIS processing times, and individual circumstances. It usually takes 8–14 months from filing the N-400 form to the oath ceremony.

3. Can I apply for naturalization even if I have a criminal background?
Having a criminal record does not mean you don’t qualify for naturalization. However, certain criminal convictions may impact your eligibility. It is crucial to consult with our immigration attorney to assess your specific situation.

4. Do I need to hire an immigration attorney for the naturalization process?
An immigration attorney can be beneficial if you have a complex case or are unsure about your eligibility. An attorney can provide guidance and help navigate the process more effectively. They can also ensure you truly qualify for citizenship.

5. Can I travel outside the US while my citizenship application is pending?
It’s best to avoid international travel while your naturalization application is pending. If you must travel, get in touch with our attorney to ensure you follow the proper procedures to avoid jeopardizing your application.

The Role of an Immigration Lawyer

An immigration attorney plays a crucial role in ensuring a smoother journey and addressing any specific concerns you may have.

Here are some ways in which we can assist.

Legal Expertise: Our immigration lawyers are well-versed in the ever-changing immigration laws and regulations. They have an in-depth understanding of the complexities of the US immigration system, including the specific requirements and procedures for spouses seeking naturalization. They can provide accurate guidance and advice tailored to your individual case, ensuring that you are well informed about the process and its potential pitfalls.
Documentation and Application: The naturalization process involves a significant amount of documentation, forms, and supporting evidence. Our attorneys can help you compile the necessary documentation, complete forms correctly, and submit your application accurately. This reduces the risk of delays or denials due to mistakes or omissions in your application. They can also guide what evidence is most compelling to demonstrate your eligibility based on your unique circumstances.
Case Evaluation: Our lawyers can assess the unique circumstances of your case. If you have a criminal record or other complicating factors, they can evaluate the potential challenges and advise you on how to proceed effectively. Their expertise enables them to anticipate issues that might arise during the process and develop strategies to address them.
Communication with Authorities: Your attorney can act as an intermediary between you and immigration authorities. They can handle communication on your behalf, addressing any inquiries or requests for additional information in a professional and timely manner. This can help streamline the process and reduce the chances of misunderstandings or delays in your case.
Appeals and Challenges: In the unfortunate event that your application is denied, our immigration attorneys can assist with appeals or other legal challenges. They have experience in navigating the appeals process and can help you understand your options and how to present a stronger case. This can be crucial in ensuring that you maximize your chances of success in obtaining US citizenship.
Peace of Mind: Having an attorney by your side can provide peace of mind throughout the naturalization process. The process can be stressful and frustrating, especially if you have some kinks in your application. Knowing that a legal professional is guiding you through the intricate immigration process can relieve some of the anxiety associated with the journey.

Maintaining Your Permanent Resident Status

While the ultimate goal is naturalization and US citizenship, foreign-born spouses need to understand the importance of maintaining their permanent resident status while the naturalization process is underway.

Here are some key points to consider.

Continuous Residence: Continuous residence is a critical requirement for naturalization. Avoid prolonged trips abroad that might disrupt your continuous residence. Extended absences can potentially affect your eligibility for naturalization. If you need to travel extensively or for an extended period, consult with our immigration lawyers to explore options to preserve your continuous residence;
Be a Law-Abiding Resident: To maintain your good moral character and eligibility for naturalization, ensure that you abide by US laws and regulations. Avoid any criminal activities or actions that could jeopardize your standing. If you have concerns about past legal issues or potential complications, consult with our immigration attorney to address them proactively;
Maintain Legal Marriage: Continue to maintain a genuine and ongoing marital relationship with your US citizen spouse. USCIS may conduct interviews or investigations to verify the legitimacy of your marriage. Keep joint financial accounts, shared bills, and a record of your shared life to provide evidence of your bona fide marriage. Explore your options in our recent blog should you need to get a divorce from your American natural spouse;
Renew Your Green Card: If you hold a conditional green card, make sure to file the I-751 petition to remove conditions on residence in a timely manner. Failure to remove these conditions can lead to the termination of your permanent resident status, potentially affecting your ability to pursue naturalization;
Update USCIS on Changes: USCIS must have accurate and up-to-date information about your residence, employment, and other significant details. Notify USCIS promptly if you change your address or other relevant information. Failing to do so could lead to missed notifications and potential complications in your case.

While the prospect of obtaining US citizenship through marriage is a dream shared by many, it’s essential to recognize the challenges that may crop up along the way. This is where the guidance and expertise of our immigration lawyer can make a significant difference in your journey.

Attorney Ingrid Borges Perez is not just a great lawyer who has overseen several marriage-based immigration processes; she’s a great attorney who has provided application assistance to English and non-English speakers. The multilingual attorney speaks your language if your preferred language happens to be Spanish, Portuguese, and English.

Get in touch for inquiries and concerns.

Why have we called your position precarious?

A conditional green card is a two-year temporary status designed to ensure that the marriage is genuine and not solely for immigration purposes. It’s important to note that conditional green cards are also granted to the children of foreign fiancés or fiancées when they enter the US and marry within 90 days.

Click here for more information about Fiancé(e) Visa.

In either case, you will be granted a temporary permanent residency, which is why we are writing today to guide you through removing conditions on your family-based visas.

The Conditions Attached to Conditional Green Cards

The conditions associated with a conditional green card require the holder to live with their US citizen or permanent resident spouse in a legitimate marriage.

To maintain this status, individuals are required to request the removal of conditions within 90 days preceding the second anniversary of receiving the conditional green card.

Removing conditions on family-based visas is important because if the conditional green card expires, you might be removed from the United States at any point after the completion of those final 90 days. Once the conditions are removed, the temporary resident is granted a permanent 10-year green card.

Let us walk you through the steps of removing these conditions.

Timing is Crucial

Removing conditions on family-based visas begins with understanding the significance of timing. You must file the petition to remove conditions during the 90-day window preceding the two-year anniversary of receiving your conditional green card. Missing this deadline could potentially lead to the expiration of your conditional green card and the risk of deportation. Therefore, it’s crucial to set up reminders and remain vigilant about adhering to this timeline.

The 90-day period before the second anniversary is a critical window, and it’s advisable to start your preparations well in advance. By having all the required documentation ready and ensuring that you file the petition on time, you can avoid unnecessary complications and ensure the continuity of your legal status.

Gather Comprehensive Supporting Documentation

The strength of your petition to remove conditions hinges on the quality and comprehensiveness of your supporting documentation. These documents serve as the pillars of your case, and they should leave no room for doubt regarding the authenticity of your marriage. The US Citizenship and Immigration Services (USCIS) closely scrutinizes these documents to ascertain the legitimacy of your marriage.

Here’s a detailed breakdown of the types of documentation to include.

Joint Financial Records

These records provide a clear picture of your financial interdependence. Include documents such as joint bank accounts, credit card statements in both spouses’ names, and tax returns filed jointly. These financial records demonstrate your commitment to sharing economic responsibilities in the marriage.

Evidence of Shared Living

To prove that you reside together as a married couple, include documents such as lease agreements or mortgage statements showing both your names, utility bills showing joint responsibility, and receipts for rental or mortgage payments. These documents illustrate your shared living arrangements and financial commitments.

Joint Assets and Liabilities

Show that you and your spouse share assets and liabilities as a married couple. Include evidence of joint ownership of property, assets, and debts, such as jointly held titles on vehicles, real estate, and documents related to shared loans or credit card debts. This demonstrates your commingled financial interests and responsibilities as a couple.

Family Photos

Collect a variety of photographs that depict the different aspects of your married life. These photos can serve as compelling visual evidence of your shared experiences and prove that you are not attempting to capitalize on the marriage-based immigration laws of the United States.

Include pictures from significant milestones, family gatherings, vacations, and everyday life. Make sure to provide context for each photo, explaining the date, location, and the people depicted.

Correspondence

Your written communication with your spouse plays a vital role in demonstrating an ongoing and genuine relationship. If it’s too intimate, you don’t have to, but you could include letters, cards, and emails exchanged between you and your spouse to strengthen your case.

These documents reveal the emotional and communicative aspects of your marriage and could help to remove conditions on your family-based visa.

Affidavits from Family and Friends

Statements from at least two friends and/or family members who can vouch for the authenticity of your marriage are valuable supporting evidence. These affidavits serve to further validate your relationship from the perspective of individuals who know you well.

When collecting and organizing these documents, attention to detail is essential. Ensure that your records are well-organized, easily accessible, and clearly labeled. The people providing these affidavits are also required to mention the following details:

Their full name;
Current address;
Date of birth;
Place of birth;
Relation to the conditional resident.

They should then go on to provide a statement telling the USCIS how they know the couple has entered the marriage in “good faith.”

By thoroughly preparing and presenting a comprehensive set of such supporting documentation, you can significantly strengthen your case and enhance the likelihood of a successful outcome when you file the petition to remove conditions.

Filing Form I-751

The next critical step in removing conditions on family-based visas is to complete and submit Form I-751, the Petition to Remove the Conditions on Residence. This form serves as the formal request to remove the conditions from your green card, transitioning you from a temporary resident to a permanent one.

Here are key considerations when filling out Form I-751:

Joint Filing

For most conditional green card holders, joint filing is the standard procedure. This means that both you and your spouse will sign and submit Form I-751 together. This joint filing signifies your commitment to the authenticity of your marriage and provides compelling evidence of its legitimacy.

Exceptions for Abuse or Extreme Hardship

In cases where joint filing is not possible due to divorce, abuse, or extreme hardship, you may file a waiver of the requirement. To seek a waiver, you must provide valid reasons and supporting evidence to substantiate the need for such an exception.

When applying for a waiver, it’s crucial to present a clear and persuasive argument, along with supporting documentation that substantiates your claim. In cases of abuse, you might provide documents such as restraining orders or police reports.

In contrast, cases of extreme hardship may require extensive documentation to establish the difficulties you have encountered. Seek legal counsel via immigration law consultations if you are unsure about your eligibility for a waiver, as this is a complex area that may benefit from professional guidance.

Filling out Form I-751 accurately and comprehensively is of utmost importance. Minor errors or omissions can lead to delays or complications in the processing of your petition. Be sure to follow the instructions provided with the form and ensure that all required information is completed accurately.

Attend an Interview

As part of the process to remove conditions, USCIS may request an interview to further assess the authenticity of your marriage. This interview is a pivotal step in the evaluation process, and you should be prepared to respond to questions about your relationship and provide additional evidence.

Here are key aspects to consider.

Review Your Documentation

Familiarize yourself with the supporting documentation you submitted with your petition. The immigration officer may ask questions related to the information in the documentation. Being well-prepared ensures that you can provide coherent and consistent answers that are consistent with what is presented in the documentation.

Practice Interview Questions

Take time to practice answering common interview questions related to your marriage. By rehearsing your responses, you can build confidence and composure, helping you perform well during the actual interview.

Common questions may cover topics like how you met, your daily routines, and your future plans as a married couple.

Attend the Interview Together

If you filed Form I-751 jointly with your spouse, both of you must attend the interview. During the interview, USCIS officers may ask questions of each spouse separately and compare the answers to ensure consistency. By being present together, you can demonstrate unity and strengthen the verification of your marriage.

The interview serves as a final check to verify the authenticity of your marriage and the truthfulness of your petition. Honesty and clear communication are key to a successful interview. Be candid in your responses, and be prepared to provide additional evidence or clarification if requested by the immigration officer.

Sidebar: When Can You Avoid the I-751 Interview?

USCIS officers may opt to waive the interview if they are confident in several key factors:

They have adequate evidence within the record to verify the legitimacy of your marriage, and there is no indication that the marriage was solely entered into to circumvent US immigration laws;
USCIS has previously interviewed the principal petitioner during the consular or adjustment interview process;
The officers are satisfied that there is no evidence or indication of fraud or misrepresentation present in either the Form I-751 petition or the supporting documentation provided.
The case does not involve intricate or complex facts or any other red flags that necessitate an interview to resolve;
In other words, you can avoid an interview if the steps preceding the interview and the process to get a conditional green card in the first place were flawless and uneventful.

Receive Your Permanent Green Card

If USCIS is satisfied with your documentation and the interview, your conditions will be removed, and you will get a permanent green card. This permanent resident card is a significant milestone in your immigration journey, offering security, stability, and access to more social services during your time in the United States.

As mentioned previously, this permanent green card is typically valid for ten years. As a permanent resident, you have the freedom to live and work in the United States without the fear of losing your status. You also have the option to travel abroad and return to the US as a permanent resident.

After living here as a permanent resident for five years, you may become eligible for US citizenship. The duration is lessened to three years if your spouse is a US citizen. Naturalization is an important step for those seeking full integration into American society and enjoying the rights and benefits of being a US citizen.

The process of removing conditions on family-based visas is a meticulous and well-defined path that demands attention to detail, thorough preparation, and a commitment to maintaining the authenticity of your marriage. It is intricate but organized and requires your single-minded focus because there is simply no room for error. Go over your petition and supporting documentation over and over again until you are satisfied that a USCIS officer won’t find a reason to reject your petition and would, at the very least, call you in for an interview.

The Wrap Up

Do you have a conventional marriage or require a waiver due to divorce, abuse, or extreme hardship? Following these steps will help you successfully transition to a permanent green card, ensuring a brighter and more secure future for you and your family in the US.

By adhering to the procedures and preparing diligently, you can ensure a smooth transition to permanent resident status, granting you the security and freedom to build a fulfilling life in the West.

If you need any legal help going over the steps or crossing your hurdles, don’t hesitate to reach out to our immigration lawyer for assistance. Attorney Ingrid Borges Perez’s immigrant experience has motivated her to help scores of people get green cards through family and remove conditions on marriage-based green cards.

Get in touch for her help and assistance.

Family-Sponsored Immigration: A Testament to Family Unity

Sponsoring siblings falls under the family-sponsored immigration category. It embodies the principle of preserving family unity that is at the heart of US immigration policy.

As a US citizen, you have the unique privilege to help your siblings become permanent residents. Nevertheless, it’s crucial to recognize that this process can be arduous, time-consuming, and, in some cases, frustrating.

Thus, you require a great deal of patience, with a side of green card application assistance, to go over the following motions of sponsoring your siblings for a green card.

Step 1: Filing the I-130 Petition

The journey begins with an I-130 Petition for Alien Relative. This form is the formal request to establish the qualifying relationship between you, the US citizen, and your sibling. This document is of paramount importance and serves as the cornerstone of the entire immigration process.

The completed I-130 form is filed with the United States Citizenship and Immigration Services (USCIS), and it initiates the formal process of family-sponsored immigration.

Step 2: The Wait for I-130 Approval

Once the I-130 petition is submitted, a period of waiting follows. The processing times can fluctuate, but generally, it takes several years to receive approval. It’s a challenging phase where the patience of the petitioner is tested.

Monitoring the USCIS processing times, which can be found on their official website, can offer some insight into how long your case might take. Once you receive an approval notification from USCIS, your siblings’ case will be transferred to the National Visa Center (NVC) for further processing.

Step 3: NVC Processing

At the NVC, your sibling’s case will be assigned a case number, and they will be placed in a queue based on the priority date. The priority date is the date the I-130 petition was initially filed, and it’s the key to determining when your siblings can proceed with their visa application.

The NVC will conduct a preliminary review of your case to ensure that all the necessary documentation and fees are in order. If anything needs to be added or completed, they will notify you and guide you on what needs to be corrected or submitted.

The duration of NVC processing can also vary, but it generally takes a few months to complete. This period of waiting is an excellent time to get a head start on the required documents for consular processing, as it can be an intricate process that necessitates careful attention to detail.

The Role of the Visa Bulletin and Priority Dates

The Visa Bulletin is managed by the US Department of State (DoS). It is an important cog in the immigration process wheel, providing essential information about visa availability.

Since sibling-based green cards fall under the F4 preference category, there are only so many green cards the department can issue. The priority date, established when you initially file the I-130 petition, is of utmost importance, as it dictates when your siblings can advance with their visa application.

The Visa Bulletin consists of two charts: The Final Action Dates chart and the Dates for Filing chart. The availability of visas for your siblings depends on which chart their priority date aligns with.

If the priority date falls under the Final Action Dates chart, it signifies that visas are currently available, and your siblings can proceed to the final stages of the process. However, if the priority date falls under the Dates for Filing chart, it means your siblings can begin preparing for the next stage.

Step 4: Consular Processing

The next stage is consular processing, which takes place in their home country after their priority date becomes current. During this phase, they are required to complete visa applications, undergo the required medical examinations, and attend interviews at the US embassy or consulate.

Here’s a more detailed breakdown of what your siblings can expect during this stage:

Visa Application

They will be required to complete the DS-260, the Immigrant Visa Application. This form will ask about their background, their intended address in the United States, and their intended travel and contact information.

This information must be accurate and up to date to ensure the process runs smoothly.

Medical Examination

The US government mandates that all immigrant visa applicants undergo a medical examination performed by an approved panel physician. The purpose of this examination is to ensure that your siblings are in good health and meet the health requirements for entry into the United States.

The results of this examination are sent directly to the US embassy or consulate, and it is crucial to ensure that your siblings are in good health to meet the US immigration standards.

Supporting Documentation

They will need to gather various supporting documents, including their passport, visa photos, birth certificates, and any other documents requested by the US embassy or consulate.

These documents will be thoroughly reviewed during the visa interview and having them organized and ready is paramount.

Visa Interview

One of the final steps in the process is the visa interview, which takes place at the US embassy or consulate in your sibling’s home country.

During this interview, a consular officer will assess their visa eligibility and verify the authenticity of the information provided. It is vital to ensure that your siblings are well-prepared for this interview with all necessary documents and information readily available and their contents reviewed well in advance.

Seek Immigration Application Assistance to Reunite with Your Siblings

Since your siblings qualify for the F4 preference category, they are quite far down the priority list. Increase their chances of permanent residency and decrease the wait time by getting our experienced, multilingual immigration lawyer on your side. Learn all there is to know about green cards for siblings and green cards through family in general by following our blog.

Schedule a consultation with our attorney to speed things along.