Family Sponsorship for Relatives Living Outside the U.S.

Aug 21, 2016 News

By Attorney Gail Seeram

The most common question I get from readers is about the timing of the family sponsorship process. There is no generic answer because the timing depends on the U.S. immigration status of the person filing (petitioner), the age of the beneficiary, the marital status of the beneficiary and the Department of State monthly visa bulletin.
In general, when the beneficiary resides outside the U.S., the petition is handled by three different agencies as it is processed.
First, the family-based petition is reviewed by U.S. Citizenship and Immigration Services (USCIS), where they determine that the relationship is legitimate and petition meets the requirements under the law. Once approved, the person filing (petitioner) will receive an approval notice, but this does not mean a visa is available to be issued.
Many people get confused when they receive an approval notice and think that the approval notice means a immigrant visa will be issued soon. An approval notice means that the family relationship has been proven between the petitioner and beneficiary.
At this point, if a visa is not immediately available (such as for spouse or child under age 21 of a U.S. citizen) then the petition will be held in storage until a visa is available under relevant preference category. This wait can range from 3-14 years. Unfortunately, USCIS will not notify you in writing when a visa is available.
When a visa is available or near to being available, the person filing (petitioner) will receive a letter from the second agency that will process the petition, the National Visa Center. The National Visa Center (NVC) will request visa fees be paid for all the beneficiaries and will ask for certain documents. Once the NVC completes processing, then the file is sent to the U.S. Embassy. The U.S. Embassy is the third and last agency to review the petition. Upon approval from the U.S. Embassy, then an immigrant visa will be issued in the beneficiary’s passport.
FILING FOR SPOUSE OR CHILD UNDER AGE 21 OF U.S. CITIZEN:
In the situation where the person filing is a U.S. citizen and the beneficiary is a spouse or child under age 21 living outside the U.S., the visa processing time can be 9-12 months. Where the spouse or child under age 21 resides in the U.S., the visa processing time can be 3-6 months. A visa is available immediately because a spouse or child under age 21 is considered an immediate relative of a U.S. citizen and has the highest preference in visa processing.
PREFERENCE CATEGORY BENEFICIARIES:
The following beneficiaries are considered preference category and a visa is NOT available immediately and there is a backlog on processing and visa issuance: (1) child over age 21 of a U.S. citizen; (2A) spouse and child under age 21 of a permanent resident; (2B) unmarried child over age 21 of a permanent resident; (3) married child of a U.S. citizen; (4) brother/sister of a U.S. citizen.

***
To view the most current visa bulletin or visa priority dates every month, visit www.GailLaw.com.

For more information, contact Gail Law Firm:
Email: [email protected]
Phone: 1-877-GAIL-LAW or 407-292-7730
www.MyOrlandoImmigrationLawyer.com
FREE in-office consultation – FREE Live Chat

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