Green Card Processing Time

In this article, we’ll cover what you need to know about processing times for:

  • Family-based green cards
  • Employment-based green cards
  • Returning Resident Immigrant visas
  • Diversity Immigrant visas

Family-Based Green Card

Family members of U.S citizens are able to apply for a family-based green card. Since there are various types of green cards, it’s best to review the requirements of each before applying. 

You may be wondering, “How long does the green card process take?” or “How long does it take to get a green card after marriage?”. UpCounsel has prepared a guide to answer these questions. 

It’s important to note that some green cards only admit a limited number of people per year in the United States. This means that you may need to wait until the next year for your application to be processed. For example, some family-based green cards can take up to ten years to process. So it’s best not to wait and apply as soon as possible. 

Here’s a summary of family based green card processing times, which we’ll delve into more in depth.

Family-based green card type Typical wait time
Marriage green card 10 to 38 months
Spouses of US citizens 35 to 52 months
Spouses of green card holders 29 to 38 months (living within the U.S.), 27 to 48 months (living outside the U.S.)
Widows of U.S. citizens 20.5 to 27 months
Parents of U.S. citizens 10.5 to 16 months
Minor children of U.S. citizens 12 to 24 months
Minor children of green card holders 24 to 36 months
Unmarried, adult children of U.S. citizens 7 to 20 years (dependent on country)
Unmarried, adult children of green card holders 8 to 20 years (dependent on country)
Married adult children of U.S. citizens 13 to 22+ years (dependent on country)
Siblings of U.S. citizens 14 to 24+ years  (dependent on country)

Marriage Green Card Processing Time

The marriage based green card timeline is approximately 10 to 38 months and will result in you receiving the IR-1 visa, otherwise known as the marriage green card

The marriage green card timeline in 2022 varies depending on if you’re married to a U.S. citizen or a green card holder. Your location also has an impact on wait times.

For assistance in applying for this type of green card, contact an UpCounsel marriage visa lawyer

Spouses of US Citizens

If you currently reside in the United States and your spouse is a U.S. citizen, the green card processing time for a marriage-based green card can take an average of 35 to 52 months to be approved.

You’ll first need to wait to have your application approved, and then wait to be called in for an interview.

If you’re married to a U.S. citizen, you can also file for your I-130 (Petition for Alien Relative) and their I-485 (Application to Register Permanent Residence or Adjust Status) at the same time. 

Spouses of Green Card Holders

Spouses of green card holders must wait for their spouse to file form I-130 before they can apply for a green card in the United States or at a United States Consulate. 

The green card holder spouse waiting time can take approximately 29 to 38 months if you live in the United States. This is to establish the validity of the marriage, complete the application process, and conduct an interview. 

If your spouse holds a United States green card and you live outside of the United States, then you’ll have to wait approximately 27 to 48 months. This is calculated based on the time it takes to:

  • Validate the marriage
  • Wait for the availability of a green card
  • Complete the application process
  • Conduct an interview

Widows of U.S. Citizens

Widows of U.S. citizens can apply for a green card within two years of their spouse’s death. 

Widows will be required to file form I-360 (Petition for Amerarsian, Widow(er), or Special Immigrant).

The green card processing time can take 20.5 to 27 months to complete. 

If your spouse filed an I-130 form (Petition for Alien Relative) prior to their death, then you won’t be required to file form I-360. Instead, simply inform the United States Citizenship and Immigration Services (USCIS) of the death of your spouse and they’ll help you complete your application. 

Parents of U.S. Citizens

The green card process timeline for parents of U.S. citizens is typically 10.5 to 16 months. 

This green card timeline is shorter than some other green cards since there’s no limit on the number of green cards approved. 

Minor (under age 21) Children of U.S. Citizens

So far, we’ve discussed widows, parents, and spouses, but what about children? How long does it take to petition a child under 21?

If your child is a minor (i.e., under the age of 21), then they’ll typically wait 12 to 24 months to be approved for a green card. 

Like spouses and parents of U.S. citizens, there’s no limit on the number of green cards that are approved. This means that wait times are typically shorter than other family and marriage-based green cards. 

Minor (under age 21) Children of Green Card Holders

Minor children (under the age of 21) of green card holders in the United States will typically wait longer, as they have to wait for a green card to become available after their parent or sponsor files form I-130. 

On average, the green card process time for this category of people is 24 to 36 months—24 months for a green card to become available and an additional 12 months to complete the application process. 

There are typically longer wait times for citizens of Mexico, China, India, and the Philippines.

Unmarried, Adult Children of U.S. Citizens

Adult children of U.S. citizens must first wait for a green card to become available after their parent files form I-130 on their behalf. 

The entire process can take between 7 to 8 years. 

It’s also significantly longer for citizens of the Philippines, taking 10 or more years, and even longer for citizens of Mexico, taking 20 or more years. 

Unmarried, Adult Children of Green Card Holders

For unmarried, adult children of green holders, there may be a longer green card timeline of 8 to 9 years. 

This significantly increases for citizens of the Philippines, taking 10 years or more. Citizens of Mexico may take more than 20 years to complete the full process. 

Married Adult Children of U.S. Citizens

For married, adult children of U.S. citizens, it may take 13 to 14 years to receive a green card.

For citizens of Mexico and the Philippines, it may take 22 years or more. 

Siblings of U.S. Citizens

Just like some other family-based green cards, siblings of U.S. citizens must wait for green cards to become available. 

Typically, the entire process for siblings can take 14 to 16 years. 

This increases for citizens of India, generally taking more than 16 years. 

For citizens of Mexico, it can take over 20 years, and for citizens of the Philippines, it can take more than 24 years. 

Employment-Based Green Card Processing Times

There are 140,000 employment visas available each year. These visas are divided into five employment-based green card categories. Green cards are available on a first-come, first-serve basis. Employers must sponsor a person, and it’s not possible to self-sponsor.

Here’s a summary of employment based green card processing times, which we’ll delve into more in depth.

Employment-based green card type Typical wait time
EB-1 8 months for processing + 6 months to issue the visa
EB-2 18 months
EB-3 12 to 36 months
EB-4 A few months to 4 years (dependent on demand)
EB-5 29.5 to 61 months

EB-1 Processing time

EB-1 visas, otherwise known as Employment-Based Extraordinary Ability Green Cards, are a type of permanent residency for immigrants looking to live and work in the United States. 

Since this is a ‘first preference’ visa, it’s only available to those who can demonstrate extraordinary ability in arts, sciences, business, or other categories.

According to the USCIS, you must meet at least 3 of these 10 criteria:

  1. Recipient of international or nationally-recognized prizes/awards for excellence
  2. Membership in associations that demonstrate outstanding achievement
  3. Written about in professional publications or major media outlets
  4. Asked to judge the work of others (individually or on a panel)
  5. Contributed significantly to scholarly, artistic, scientific, athletic, or business fields
  6. Published scholarly articles in publications or major media outlets
  7. Has had artistic work displayed at showcases or exhibitions
  8. Performed a lead or vital role in distinguished and recognized organizations
  9. Possesses a high salary in relation to peers in the field
  10. Experienced commercial success in the performing arts

It takes approximately 8 months for the government to process an EB-1 visa after an applicant has filed form I-140 (Immigrant Petition for Alien Workers). Then, it may take an additional 6 months to issue you the visa.

EB-2 Processing time

EB-2 visas are second-preference visas. 

They’re available for Advanced Degree Permanent Residence or Employment-Based Exceptional Ability.

Exceptional ability sees you meeting at least 3 of the following criteria:

  1. Possesses a post-secondary/trade school degree, diploma, certificate with exceptional ability
  2. Has at least 10 years of full-time experience in your field (proven through signed letters from current/previous employers)
  3. Certified with an actual license to practice your profession
  4. Has documented evidence of having profited off of your profession with exceptional ability
  5. A member of a professional association
  6. Recognized for contributions and achievements to your field by peers or other official entities

The typical processing time for this employment-based visa is 18 months. However, the time can increase depending on which country you’re a citizen of. 

EB-3 Processing time

EB-3 visas are intended for professional and skilled workers. This visa is not as strict as the EB-1 and the EB-2 visas. 

There are approximately 40,000 EB-3 visas issued annually in the United States. 

It may take between 12 and 36 months to process this visa. 

EB-4 Processing time

The EB-4 visa is intended to be for foreign nationals. There are less than 10,000 EB-4 visas issued in the United States each year. 

Depending on the time of your application and the demand for employment-based visas that year, it can take anywhere between a few months to 4 years to obtain this visa. 

EB-5 Processing time

EB-5 visas do not fall under the preference system. They were introduced in 1990 by the United States Congress to stimulate the economy.

It can take anywhere between 29.5 to 61 months to process this visa. 

Returning Resident Immigrant Visa (SB-1) Processing Time

A permanent resident or conditional resident who has traveled outside of the United States for more than one year is required to obtain a new immigrant visa. This process typically takes 3 to 6 months to complete. 

Diversity Visa Processing Time

People living in countries with low rates of immigrants can take advantage of the Diversity Immigrant Visa Lottery program in the United States, which provides immigrants the opportunity to receive a green card.

This program runs once a year by the Department of States. If you win this lottery, you’ll wait approximately 7 months before receiving your green card.

The following countries are not eligible for the 2023 application period.

  • Bangladesh
  • Brazil
  • Canada
  • China (including Hong Kong)
  • Colombia
  • Dominican Republic
  • El Salvador
  • Haiti
  • Honduras
  • India
  • Jamaica
  • Mexico
  • Nigeria
  • Pakistan
  • Philippines
  • South Korea
  • United Kingdom (except Northern Ireland)
  • Venezuela
  • Vietnam

The program works as outlined by the Bureau of Consular Affairs:

  1. Entries are submitted
  2. Applicants are selected
  3. Qualifications are confirmed
  4. Applications are submitted
  5. Supporting documents are solicited and submitted
  6. Interviews are conducted

Get Help with Visa Processing Times

If you need help with obtaining a green card, you can post a new job on UpCounsel to get legal help.

You can rest assured that your visa application will be in good hands, knowing that:

  • We work with the top 5% of lawyers
  • Our lawyers come from prestigious law schools like Harvard Law and Yale Law
  • Our lawyers have worked with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

For more information on green cards in general, check out UpCounsel’s green card overview

UpCounsel also provides comprehensive information on other types of visas, such as the K-1 visa or the H-1B visa

FAQs

How long does it take to get a green card?

The processing time for being approved for a United States green card is dependent on the type of green card you apply for. Review UpCounsel’s guide on green card processing times for more information on specific timelines. 

What is the fastest way to get a US green card?

The green card waiting time is dependent on the type of green card and the location of your citizenship. However, on average, spouses, children, or widows of U.S. citizens typically wait the least amount of time. In some cases, the wait time for employment-based visas has a quicker turnaround.

Can you stay in the US while waiting for a green card?

You must apply for an Adjustment of Status to reside in the United States while you await your green card.

How long does it take to get a green card after marrying a U.S. citizen?

The green card through marriage processing times in 2022 is 10 to 38 months.

Do you automatically get a green card when you marry a U.S. citizen?

No, you must apply for an IR-1 visa. 

What is the processing time for I-485 family-based?

The family based green card processing time is approximately 8 to 14 months. This accounts for the time it takes to process an I-485 family-based visa.

What is the priority date for a family-based green card?

The date the USCIS receives your I-130 form is your priority date. 

How long is a family based green card valid?

Family-based green cards are valid for 10 years. 

How long does it take for a green card holder to sponsor a spouse?

Spouses of green card holders must wait for their spouse to file form I-130 before they can apply for a green card in the United States or at a United States Consulate. 

The spouse visa USA processing times are approximately 29 to 38 months for a spouse. 

If your spouse holds a United States green card and you live outside of the United States, then you will have to wait approximately 27 to 48 months. 

Can my spouse stay in the U.S. while I-130 is processed?

If you’re a U.S. citizen, then your spouse is eligible to apply for the non-immigrant K-3 visa, while they’re waiting for form I-130 to be processed. 

What is the eligibility criteria for sponsoring a family-based green card?

Sponsors must be at least 21 years of age and be United States citizens or green card holders.