Family-based Petitions

• Family-based petitions vary in duration because of several factors. Some petitions will be adjudicated (decided) in less than a year, while others can more than 10 years. For example, if a U.S. citizen petitions for an unmarried child under 21, then the entire process from initial filing to final interview typically takes about a year. For LPRs, the application process for an unmarried child can take from two to five years. If the child is more than 21, then the wait time usually depends on whether the child is married or single and whether the parent is a U.S. citizen or LPR.
  
  

Siblings

• The category with the longest wait time usually involves sibling petitions. LPRs cannot file petitions for their brothers and sisters until they become U.S. citizens. The petition must establish a sibling relationship, such as by providing copies of the petitioner's and applicant's birth certificates. When the U.S. citizen petitioner is a woman who has changed her surname after getting married, then a copy of the marriage certificate must be included along with an English translation if needed.
  
  

Visa Bulletin

• Backlogs in the processing of immigration petitions often arise because of the limited number of visas available, such as for siblings of U.S. citizens. The U.S. Department of State publishes a visa bulletin each month that highlights the current priority dates that are being processed. For instance, through September 2009, the priority date for siblings (fourth preference) from Mexico is "22SEP95." Thus, any sibling petition (e.g., I-130) filed on or before Sept. 22, 1995, can begin the procedures for LPR status. For siblings from China, the priority date is Feb. 22, 1999. If a U.S. citizen files a petition in 2009 for a sibling, then the application cannot be completed until the priority date is current.
  
  

Employer

• There are different types of employer-based immigration petitions. For example, people with remarkable ability, such as in the arts, athletics and sciences, who have been recognized in their field, countries or internationally, might be eligible for EB-1 filing. To qualify for EB-4 status, you must be a member of a religious group (any denomination) that maintains religious nonprofit status in the United States.
  
  

Investment

• One way to obtain legal status is by investing at least $500,000. The EB-5 category allows people to obtain status provided that they invest the money in certain areas (experiencing high unemployment) and create a minimum of 10 jobs for Americans. Alternatively, the investment can be more than $1,000,000 without restrictions. Although the EB-5 program is currently available, it might expire unless renewed by Congress.