Understanding the Green Card Backlog

It’s important to lay a solid foundation before we start with the green card backlog in 2023. Call it a force of habit or an occupational hazard, but we like to get our ducks in a row beforehand to maximize your chances of succeeding.

The backlog in this context refers to the piling up of pending applications for permanent residency in the US. More applications exist for family- and employment-based green cards than any other category. Thus, the backlog mainly affects these two applicants.

Below are a few reasons that the backlog happens in the first place.

• Exceeding Limits: The US government issues a limited number of green cards annually. This year, they have announced immigrant visas for approximately 140,000 employment-based applicants. The limit is much higher for family-based applicants but exceeded in both categories. When there are more applicants and not enough visas, you have a backlog;
• Country-based Quotas: These are a double-edged sword. On the one hand, a seven percent country-based quota ensures that citizens from all countries have a fair chance at a life in the US. Conversely, they lead to longer waiting times for applicants from highly-populated countries;
• The Bureaucratic Grind: It takes a trifecta, if not a village, to obtain a green card. You’ll encounter three government agencies during the process: The US Citizenship and Immigration Services (USCIS) and the Departments of State and Labor. Despite the overlapping tasks, these agencies run by their respective rules and have disparate workloads to get through before they can get to your application. Incomplete or incorrect paperwork, limited resources, and extensive security checklists cause further delays.

However, all hope is not lost. Don’t let the country-based limit on immigration visas deter you from seeking a new life in the United States. There are many bills currently in Congress to address the problem.

Take the EAGLE Act. Short for Equal Access to Green Cards for Legal Employment, this bill was recently introduced in Congress. If passed, this bill will remove the cap on employment-based immigration and raise the country-based cap on family-sponsored immigration to 15%.

The Green Card Backlog in 2023

An Employment-based Immigration Applicant Sitting Down for an Interview

As of July 2023, there are over 351,821 immigration visa applicants in the US waiting for an interview date. The number of applicants considered “ready for interview” is 388,397. Most interestingly, only 36,576 green card applicants had their interviews scheduled for July.

This backlog resembles the annual backlog of 2022, where the number of applicants scheduled for an interview never breached 39,000. As mentioned previously, this backlog affected applicants from highly-populated countries the most.

You will likely wait longer if you are from China, India, Indonesia, or the Philippines. The backlog primarily affects family-sponsored and employment-based immigration, leading to waiting times of a few months to a few years and even decades. You may not have to wait that long if you aren’t in those two categories.

Useful Tips for Green Card Applicants

While the green card backlog looks dire, applicants can be proactive from the start to speed up their immigration process.

Below are some tips that come in handy when emigrating to the US.

• Start Early: Start the application process as soon as possible. If you don’t have anyone experienced around to guide you, seek green card application assistance through legal counsel to understand the eligibility criteria and get your documentation in order;
• Note the Initial Petition Date: Also known as a priority date, this is when you officially report your intent to become a permanent US resident. Note it down and check the Department of State’s Visa Bulletin to see how far the priority dates in your category have come. It will give you a fair estimate of how far along your application status is;
• Qualify for Expedited Processing: The USCIS can expedite the application process for individuals with medical emergencies, humanitarian crises, or time-sensitive job offers. Ask our immigration lawyer, Ingrid Borges Perez Esq., if you qualify for an expedited request;
• Consular Processing: The US government allows eligible applicants the right to consular processing, allowing them to apply for a green card in their home country. Depending on where you’re from, this option may offer a faster road to obtaining your green card.

A Word of Advice from Our Immigration Lawyer

Whatever path you decide, our immigration lawyer would advise you to maintain legal status in the US. If you want to increase your chances of becoming a permanent US resident, don’t overstay your visa, engage in unauthorized, or do anything that may hurt your application process.

Work with us to apply for marriage-based immigration, or let us walk you through the many nuances of employment-based immigration sponsorship. Receive immigration law consultation in English, Spanish, or Portuguese.

Get in touch for inquiries and concerns.

Step 1: Determining Eligibility:

Before embarking on the green card journey, it is crucial to determine if you meet the eligibility requirements. To qualify, you must be legally married to a U.S. citizen and be able to prove the legitimacy of your marriage. Same-sex marriages are also recognized under U.S. immigration law. However, it is important to note that fraudulent marriages entered solely for immigration benefits are strictly prohibited and can lead to severe consequences.

Step 2: Filing the Petition:

The first step in the process involves the U.S. citizen spouse filing Form I-130, Petition for Alien Relative, on behalf of their foreign-born spouse. This petition establishes the relationship and initiates the green card application process. Along with the form, you will need to submit supporting documents, such as marriage certificates, proof of the U.S. citizen’s status, and evidence of a bona fide marriage.

Step 3: The Adjustment of Status or Consular Processing:

Once the I-130 petition is approved, you can choose between two paths: adjustment of status or consular processing. Adjustment of status allows you to apply for a green card without leaving the United States through a Form I-485, while consular processing requires attending an immigrant visa interview at a U.S. embassy or consulate abroad. The appropriate choice depends on factors such as whether you qualify for concurrent filing of Adjustment of Status, whether you are in the United States or abroad, and other personal circumstances.

Step 4: Compiling Supporting Documentation:

Regardless of the chosen path, assembling a comprehensive set of supporting documents is crucial for a successful application. This includes personal identification, birth certificates, passports, marriage certificates, proof of financial support, tax returns, and evidence of a genuine marital relationship. Additionally, you may need to undergo medical examinations and obtain police clearances to establish your admissibility to the United States.

Whether you are filing an Adjustment of Status or going through Consular Process, you must submit a Form I-864 Affidavit of Support signed by the petitioner. If the petitioner does not have the required income based on the HHS poverty guidelines, you can file an I-864 from a joint sponsor.

Step 5: Attending the Marriage-Based Green Card Interview:

One of the most important steps in the process is attending the marriage-based green card interview. This interview is conducted by the U.S. Citizenship and Immigration Services (USCIS) and aims to evaluate the authenticity of your relationship. Being well-prepared for the interview is vital, as the officer will ask questions to assess your knowledge of each other, shared experiences, and future plans together. Providing consistent and honest answers is essential to establish credibility.

Step 6: Conditional Permanent Residence:

If you have been married for less than two years at the time of obtaining the green card, you will be granted conditional permanent residence. To remove these conditions and obtain a permanent green card, you must jointly file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the expiration of the conditional green card. This additional step is crucial to ensure the authenticity of the marriage and maintain permanent residency status.

Conclusion:

Obtaining a green card through marriage is a significant milestone in your journey towards permanent residency in the United States. With its complexities and potential challenges, having the support and guidance of experienced immigration professionals is invaluable. At IBP Immigration Law, we are committed to helping couples navigate the marriage-based green card process smoothly and successfully.

Our team of knowledgeable immigration attorneys understands the intricacies of immigration law and stays up to date with the latest regulations and policies. We have a proven track record of assisting clients in achieving their immigration goals, and we are dedicated to providing personalized attention to each case.

By working with IBP Immigration Law, you can benefit from our expertise in compiling strong and persuasive applications. We will carefully review your unique circumstances, assist in gathering the necessary documentation, and help you prepare for the crucial interview process. Our goal is to ensure that your application presents a compelling case, demonstrating the authenticity of your marriage and maximizing your chances of a positive outcome.
Additionally, we understand the importance of clear communication and keeping our clients informed throughout the entire process. We will provide regular updates on the progress of your case, address any concerns you may have, and guide you with expert advice every step of the way.

Embarking on the green card journey through marriage is a significant decision, and it is essential to have a dedicated legal partner by your side. At IBP Immigration Law, we are committed to providing you with the highest level of professionalism, knowledge, and support to help you achieve your immigration goals. Contact IBP Immigration Law today to schedule a consultation and let us assist you in navigating the complexities of the marriage-based green card process. Together, we can work towards securing your future in the United States and building a life filled with opportunities and possibilities.

Can I Get a Marriage-Based Green Card if I Have a Pending Asylum Application?

If you are an asylum applicant and you marry a U.S. citizen or lawful permanent resident, your marriage will have an impact on your immigration status. This is because you may be able to get a green card through marriage even while your asylum application is pending. This is known as “adjustment of status” and can be much faster than waiting for an asylum application to be decided. It can be done while your asylum application is pending.

You Must Prove that Your Marriage is Real and Not a Sham

Before you pursue the green card through marriage, it is important to show that your marriage is real, and not a sham. If USCIS doubts the validity of your marriage, your petition can get denied and can jeopardize your ability to get a green card. To prove that your marriage is real and not a sham, you must show that you entered the marriage in good faith. This means that your spouse did not enter the marriage just to get a green card.

How to Apply for a Marriage-Based Green Card

If you’re married to a US citizen, you may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-130 concurrently with USCIS. You will also need to pay the filing fee and provide supporting documentation of eligibility. You must also meet the following eligibility requirements:

• You must be physically present in the United States;
• You must be admissible to the United States.

If you meet these requirements, you may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. You will also need to pay the filing fee and provide supporting documentation of eligibility.

If you do not meet these requirements, you may need a waiver. For example, if you are married to a Lawful Permanent Resident and you are out of status, you cannot adjust. If you have certain criminal convictions or other violations of immigration law, you may also not be eligible to adjust and you may need a waiver of inadmissibility.

What Happens to Your Asylum Application Once You File the Marriage-Based Green Card Application?

The asylum application will remain pending while your marriage-based green card is decided, but you can withdraw the asylum application once the green card is approved. It is important to keep your asylum application open until your green card is approved. If your green card application is denied, your asylum application will likely be denied.

How Long It Takes to Get a Marriage-Based Green Card

The wait time to get a green card through marriage depends on the processing times. The USCIS processing times vary by location and type of application, but the average wait time is around 6 months or more.

If you live in one of the states with a large backlog of cases, your case could take even longer than 6 months–and that’s if everything goes smoothly! If there are any problems with your paperwork or other issues arise during processing, then your case will take even longer than expected.

You may also need to appear for an interview before being approved for permanent residency.

If the Marriage-Based Green Card gets Denied, the Asylum Will Probably Get Denied.

If you are applying for both a marriage-based green card and asylum, it is important to know that if the marriage-based green card application gets denied, your asylum application will probably be denied. This can lead to severe immigration consequences especially if you are an asylum seeker who fled your country because of persecution. USCIS may refer you to removal proceedings where the government will try to deport you.

A Final Note

In summary, if you’re applying for asylum, it’s important to know that you may be able to apply for a green card through marriage to a U.S. citizen or permanent resident. If your marriage-based green card application is denied, then your asylum application may also be denied by default. It is very important to speak to an immigration attorney before filing for this type of benefit. The attorneys at IBP Immigration Law have helped many families in this exact scenario and can help you too. Contact us today and schedule your consultation.

Green Card Process Through Marriage for LGBTQ Couples

What if the Foreign National is Living Abroad?

Should I Be Concerned About Discrimination Against My LGBT Marriage?

• File your next tax return as “married.” You can also amend previous tax returns to reflect your marital status;
• Request friends and family to write statements or affidavits on behalf of you and your spouse;
• Obtain copies of tickets or hotel receipts from trips you have taken together;
• Collect receipts for gifts you have purchased for each other;
• Take photos of your dates, gatherings with friends and family on holidays and special occasions, your home, and places you have visited together at various times;
• Write statements about your relationship, detailing how you met, fell in love, planned the wedding, and so on;
• Continue to gather evidence of your relationship even after submitting your petition. This will be helpful if USCIS requests additional information.

The Marriage Green Card Interview for LGBTQ Couples

How IBP Immigration Law Can Help

1. Expert Guidance: IBP Immigration Law’s knowledgeable attorneys understand the complexities of immigration law, particularly as it pertains to LGBTQ couples. They provide expert guidance throughout the process, ensuring that all legal requirements are met and that couples are well-informed about their rights and obligations;
2. Personalized Approach: Recognizing that each couple’s situation is unique, IBP Immigration Law takes a personalized approach to address individual concerns and challenges. They work closely with clients to develop a strategy that maximizes their chances of success in obtaining a marriage green card;
3. Thorough Case Preparation: The team at IBP Immigration Law meticulously prepares all necessary forms and documents, ensuring that couples submit a complete and accurate application package. They also help gather compelling evidence to prove the authenticity of the marriage and address any potential issues that might arise during the application process;
4. Interview Preparation: IBP Immigration Law assists couples in preparing for the immigration interview by reviewing their forms and documents, providing guidance on potential questions, and offering tips on how to present themselves confidently and effectively. They can also represent LGBTQ couples during the interview, ensuring that the process goes smoothly and that their rights are protected;
5. Ongoing Support: Throughout the marriage green card process, IBP Immigration Law provides ongoing support and communication, keeping clients informed about the status of their application and addressing any concerns or questions that may arise;
6. Advocacy: In the event of any challenges or complications, the lawyers at IBP Immigration Law are ready to advocate on behalf of their LGBTQ clients, ensuring that they receive fair treatment and that their rights are upheld.

Challenges

The client faced several challenges in applying for the EB-2 NIW visa. The EB-2 NIW visa requires applicants to demonstrate exceptional ability in their field and provide evidence of national or international recognition for their work. The client had extensive experience in the food industry but lacked formal academic qualifications or recognition from international organizations.

Additionally, the client’s business was relatively new, and they did not have a long track record of success or substantial revenue. The client’s focus on providing gluten-free options to a specific population, while commendable, may not have been sufficient to demonstrate exceptional ability in the food industry.

Approach

To overcome these challenges, the client worked with our experienced immigration lawyer from IBP Immigration Law. The lawyer conducted a thorough evaluation of the client’s credentials and advised the client on the best approach to take for the EB-2 NIW application.

IBP Immigration Law helped the client gather evidence to support their application, including testimonials from customers and industry experts, articles written about the client’s products and business, and evidence of the client’s contributions to the food industry.

IBP Immigration Law also helped the client highlight their unique approach to providing gluten-free options to a growing population of Hispanic Americans. Our lawyer emphasized the importance of the client’s work in promoting health and wellness and providing healthy food options to individuals with dietary restrictions.

Results

The EB-2 NIW application was approved in just nine months, without a request for further evidence (RFE). The client, spouse and child under 21 were able to secure their green cards to work and live in the United States.

The successful application demonstrated the importance of highlighting unique contributions to a specific field and the importance of providing evidence of industry recognition and support. The client’s focus on providing healthy, all-natural gluten-free options to a growing population of Hispanic Americans was particularly relevant and demonstrated exceptional ability in the food industry.

Working with an experienced immigration lawyer from IBP Immigration Law was crucial to the client’s success. The lawyer provided guidance and support throughout the application process, helping the client gather evidence and present their case in the best possible light. Our immigration lawyer’s expertise and in-depth knowledge of the EB-2 NIW visa process were instrumental in securing the client’s approval.

Conclusion

The EB-2 NIW visa is an excellent option for entrepreneurs and professionals with exceptional ability in their field. While the application process can be challenging, working with an experienced immigration lawyer can increase the likelihood of success.

This case of the entrepreneur in the food industry highlights the importance of highlighting unique contributions to a specific field and providing evidence of industry recognition and support. It also demonstrates the importance of having a clear and compelling narrative that demonstrates exceptional ability in the chosen field.

At IBP Immigration Law, our experienced immigration lawyers can help you navigate the EB-2 NIW visa application process and increase the likelihood of success. We have a thorough understanding of the requirements and can provide guidance and support throughout the process. Contact us today to schedule a consultation and learn more about how we can help you achieve your immigration goals.

Ingrid Borges Perez, Esq. U.S. Immigration Attorney

Requirements for O1 Visa for Business:

To be eligible for an O1 visa for business, you must demonstrate extraordinary ability in business, which means you must show that you have risen to the top of your field and have achieved a level of expertise that is recognized nationally or internationally. You must also provide evidence that you have received sustained national or international acclaim in the field of business.

Some of the evidence that you can provide to demonstrate your extraordinary ability in business includes:

1. Evidence of awards, prizes, or other forms of recognition for your work in business;
2. Documentation of your original scientific, scholarly, or business-related contributions to the field;
3. Published materials in professional or major trade publications or major media outlets about your work in business;
4. Evidence of your participation as a judge or reviewer in the field of business;
5. Evidence of your membership in professional associations in the field of business;
6. Evidence of your significant contributions to the field of business.

Benefits of O1 Visa for Business:

The O1 visa for business offers several benefits for those who qualify. Some of the benefits include:

1. The O1 visa is a nonimmigrant visa, which means that it allows you to work in the United States temporarily without having to apply for permanent residency;
2.  The O1 visa allows you to work for your sponsoring employer in the United States, and you may also be able to work for other employers in the same field;
3. The O1 visa allows you to bring your spouse and children to the United States with you, and they may be eligible to apply for dependent visas;
4. The O1 visa allows you to travel in and out of the United States freely during the validity of your visa.

Application Process for O1 Visa for Business:

The application process for the O1 visa for business is similar to that of other nonimmigrant visas. The following is a general overview of the steps involved in the application process:

1. Find a sponsor: To apply for the O1 visa, you must have a sponsor who is a U.S. employer or an agent. The sponsor must file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS);
2. Gather evidence: You must provide evidence to support your claim of extraordinary ability in business. The evidence must show that you have achieved national or international acclaim in your field and that you have made significant contributions to the field of business;
3. Submit the petition: Your sponsor must submit the petition and supporting documents to the USCIS. The USCIS will review the petition and determine whether you meet the eligibility requirements for the O1 visa;
4. Attend an interview: If the USCIS approves your petition, you will be scheduled for an interview at a U.S. consulate or embassy in your home country. During the interview, you will be asked questions about your business background and your reasons for wanting to work in the United States;
5. Receive your visa: If the consular officer approves your application, you will receive your O1 visa, which will allow you to enter the United States and begin working for your sponsor.

Increase the Likelihood of Getting your O1 Visa Approved

The O1 visa for business is a valuable option for those who have achieved extraordinary ability in the field of business. It allows individuals to work for a U.S. employer or agent and bring their families with them to the United States. Working with an experienced immigration lawyer from IBP Immigration Law can be highly beneficial for individuals seeking an O1 visa for several reasons.

IBP Immigration Law attorneys have in-depth knowledge of the O1 visa process: Our lawyers have a thorough understanding of the O1 visa requirements, the evidence that needs to be provided, and the application process. They can guide you through each step of the process, help you gather the necessary documents, and advise you on how to present your case in the best possible light.

Every visa application is unique, and an experienced immigration lawyer can create a customized strategy based on your specific circumstances. They can help you identify your strengths and weaknesses, develop a strong case, and advise you on the best approach to take during the application process.
Schedule your consultation to speak with one of our attorneys today.