Why Is My Family-Based Adjustment of Status/Green Card Application Taking So Long To Be Processed?

Assuming that your family-based green card application packet is properly filed (meaning that the petition wasn’t rejected and USCIS issued a receipt notice), there are typically two major reasons why your case is taking a long time to be processed. While there are certainly other factors that could be relevant to delaying your case, the most common reasons include: (1) general case processing times; and (2) having a case that falls under a family-based visa preference category where a visa is not immediately available.

NORMAL CASE PROCESSING TIMES

Once your case is filed and accepted by USCIS, you will receive a receipt notice with a priority date listed at the top of the form. USCIS currently has a resource tool for checking on the case processing times for all of their forms. If you’re seeking a family-based green card, the initial forms that are relevant to your case are the I-130 and I-485, (which is either filed at the same time [for immediate relatives] or when a visa becomes available [for family preference categories]}. Depending on which service center is processing your case (look to the bottom left corner of the receipt notice), there are general estimates for how long it will take USCIS to process your case.

It is important to note that these processing times are regularly updated and based on completion of 80% of filed cases. This means that a majority of cases are processed and approved/denied within the proposed timelines; however, 20% of cases could take shorter or longer than the normal processing times. So, if you’re wondering why your case is taking a long time, this resource tool is a great place to check to see if your within the normal processing times or outside of those processing times.

FAMILY-BASED VISA PREFERENCE CATEGORY

When filing for adjustment of status, depending on whether you’re an immediate relative of a U.S. citizen (spouse, parent or child under 21 y.o.) or you fall within a visa preference category, your case processing times will have stark differences. In particular, immediate relatives do not have to wait for a visa to be available; meaning they can file both the I-130 and the I-485 together (assuming their eligible to do so), whereas visa preference category applicants must wait for a visa to become available in order to file their I-485 adjustment application.

The family-based visa preference categories are as follows:

First Preference (F1) - Unmarried adult sons and daughters (21 and older) of U.S. citizens
Second Preference (F2A) - Spouses and unmarried children (under 21 y.o.) of permanent residents
Second Preference (F2B) - Unmarried adult sons and daughters of permanent residents
Third Preference (F3) - Married sons and daughters (any age) of U.S. Citizens
Fourth Preference (F4) - Brothers and sisters of U.S. citizen (21 and older)

Each month, the U.S. Department of State issues a Visa Bulletin, which provides the priority dates for each preference category. Unless instructed otherwise, the “Final Action Dates” will be the chart that is most relevant to adjustment of status applications. The correct way to read this chart is to look at the first column to find your preference category (i.e., F1, F2A, etc.) and then look to the remaining columns to find your home country. If you were born in any country other than China, India, Mexico or the Philippines, your column will be “All Chargeability Areas Except Those Listed.”

Once you’ve matched your preference row to your home country, you can get an idea of how long you will have to wait until a visa will become available. “C” means current. If your preference category has a C next to it, you can file your I-485 immediately. For everyone else, you will look to the date that is listed and this will be the priority date that USCIS is currently processing.

For example, as of October 2022, if you are in the F4 preference category (i.e., brother or sister of U.S. citizen) and from Mexico, you will have to wait a little over twenty-two years before a visa will be available. This is because as of October 2022, USCIS is processing applications filed on June 1, 2000. While this can be quite shocking to some people, our immigration system is so backlogged and there are such high volumes of applications from certain countries that it sometimes takes two decades to wait for an available visa. So, if you’re waiting a long time for your pending application, and you fall under a preference category, checking the Visa Bulletin is a great way to gain a better understanding of why it is taking so long.

If you have any questions about adjustment of status or would like to file a petition, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to discuss these issues further and help you reach a resolution. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.