Lee & Garasia, LLC
  • Tel: 732-516-1717
  • Toll free: 888-404-5876
Experience, Accessibility, and Excellence for Over 20 Years
  • "Lee and Garasia are excellent lawyers, punctual and professional. They are dedicated to going above and beyond the usual level of service to meet your client's needs. Their staff is very knowledgeable, friendly and polite. I would highly... recommend this firm to anyone." Read More

  • "I would definitely recommend Mr.Lee and Garasia as an immigration attorney because they did a great job with my case i.e. of Adjustment of Status (i-485). Mr. Lee helped us in each and every detailed information and prepared to the best of it. It was all well done and would like to appreciate." Read More

  • "I would like to thank my lawyer Mr Lee & Garasia and the staff for all immense help and patience throughout this entire process, I really appreciate your constant attention to my case, as well to my questions and my concerns. You've really made this process much more comprehensive to me, which I greatly appreciate." Read More

  • "Mr. Lee and Ms. Garasia did a great job with my renewal of my permanent residence application. They help prepare the paperwork with such a great attention to details and accuracy. I will recommend the law firm every time." Read More

  • "Mr. Lee did a great job with the renewal of my permanent residence application. My case was very time sensitive and they worked really fast on my case with great detail and accuracy. I will recommend the law firm every time." Read More

  • "I would recommend Attorney Paris Lee for anybody who needs immigration consultation. Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. Bottom line, preparation for the results and NO BS!" Read More

  • "Stalin - Lee did a wonderful job, Got my wife her visa in one year. He is extremely helpful and knowledgeable. I would highly recommend him for all your immigration needs." Read More

  • "Hello. I appoint him as my immigration lawyer and that way he solved my cases was truly amazing. He was so honest and knowledgeable for his work.He solved my all family imigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia." Read More

  • "Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution.. A big thanks :)" Read More

How Long Does It Take To File For Spouse's Visa?

One of the most common questions that a prospective client will ask us is, how long it takes for their husband or wife to get a green card? The answer, unfortunately, is not so simple. At the outset, it is important to acknowledge that there are a number of unpredictable factors and variables that directly impact a person's marriage based green card application. For one, there is administrative processing time. If USCIS is flooded with applications for a particular category, processing times will inevitably slow down, as there is more demand than labor ready to accommodate the influx. In other instances, there will be unpredictable problems with immigration's own internal procedures, such as what happened recently a few months ago with the National Visa Center in which complications with new software ended up causing sixty day delays in processing. And then there are volatile political conditions, which, in a moment, can affect whether a US embassy can safely operate.

Initial Questions

Putting those factors aside, the first question that we need to clarify is whether the petitioner (the person filing) is a US citizen or lawful permanent resident ("green card holder") of the US. If the petitioner is a US Citizen, his or her spouse will be considered an Immediate Relative. The good news about this is that Immediate Relatives are not subject to visa quotas. On the other hand, if the petitioner is a lawful permanent resident, then his or her husband or wife will be considered a preference relative. Preference Relatives fall under category F2A on the Visa Bulletin and are, unfortunately, subject to numerical visa restrictions.

The second issue to determine is whether the beneficiary (the person being filed for) is doing a domestic or foreign application for his/her green card. If he or she is doing a case from within the United States, then he or she is filing an adjustment of status case. On the other hand, if the person is abroad or for some reason, does not qualify to process the case here in the US-which one should never assume is a given-then he/she will have to undergo a consular processing procedure for a visa.

Having said that, the wait times are coming out to the following:

Adjustment of Status cases

· for spouses of US citizens and lawful permanent residents whose priority dates are current: three to six months

Consular Processing cases

· for spouses of US citizens: ten to twelve months

· for spouses of lawful permanent residents: twenty four months and longer since the priority dates for this category is currently, as of October 2014, approximately two years behind.

Not just about numbers and time

Keep in mind, these processing times are not official processing times. They are empirical processing times based on our own experience. Secondly, while they might give you a rough idea (which is the point of this article), they certainly should not be relied upon because things can change at any month. What used to take three months can easily be pushed back to one year with a change in policy or breakdown somewhere along the line. And perhaps even more importantly, processing times should not be the paramount consideration for an immigration visa or adjustment application for a spouse's green card. It is critical to understand first whether a foreign-born husband or wife qualifies and is eligible for a green card in the first place. Only after safely concluding that the spouse is eligible for permanent residence should one then investigate how long it takes to process the application. I have said it before but always bears repeating that immigration is exceedingly complex. It is not just filling out forms. Mistakes have real life consequences and in a marriage case, that's certainly something you don't want to fool around with.

We hope that you have enjoyed this article and learned at least one new thing or tip that you may not have known. To keep informed about the latest developments in immigration law, please subscribe to our blog feed by clicking on the "Subscribe To This Blog's Feed" button on the left. It is important to understand that the above is only general information and not legal advice. It does not create an attorney-client relationship nor should it be relied upon as legal advice. The law is extremely fact and circumstance sensitive. For an individual legal analysis of your specific legal case, please complete the "Case Evaluation" box to the right of the screen to get in touch with one of our attorneys.

No Comments

Leave a comment
Comment Information

PROFESSIONAL RECOGNITION

    • The National Advocates | Top 100 Lawyers
    • Rated by Super Lawyers | Angie Garasia | 5 Years
    • Avvo Rating 10.0 | Superb
    • Client Distinction Award martindale.com | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationaly Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
Email Us For A Response

Start Your Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

Map & Directions

icon phone732-516-1717 icon phone888-404-5876