How Long Does It Take for a US Green Card Holder to Bring an Unmarried Child Over 21 to the U.S.?
When a US Green Card holder files for their unmarried child who is above 21 years old, the processing time can vary significantly depending on the category of the visa and the availability of visas. Today, we will explore the complexities involved in this process and provide a comprehensive understanding of the timelines and factors that can impact the duration of the visa application.
Understanding the Visa Processing Timeline
After a US Green Card holder files for their unmarried child, the process can take quite a long time, with some cases taking up to 30 years or more due to the backlog in the visa application system. This backlog is primarily caused by the availability of visas and the priority date of the application.
To illustrate this, let's consider an example. One of my friends, who had been waiting for her I-485 application to be approved for 10 years, had an older daughter on an H4 visa. When her priority date became current, she applied for the daughter, and the process took 3-4 months to get an interview. During the interview, the visa officer informed her that the priority date was current. However, in other cases, it might take much longer.
The Current Perspective on Visa Processing Times
The current visa processing times can range from 20 years to potentially forever. This is because the number of visas available in a particular category may be fewer than the number of applications received. As a result, the priority date may not move forward or may move very slowly.
A striking example is the visa category F2B, which represents unmarried sons and daughters of permanent residents. From August 2021 to September 2021, the category F2B did not move at all, remaining identical to the day. It took just two months and 14 days from September 2020 to September 2021 for the category to move. This means that the current priority date, which was six years in the past, will likely become current in 20 to 30 years or longer.
Current Priority Dates and Estimated Processing Times
Let's look at the current priority date for Family 2B unmarried sons and daughters of permanent residents, which is September 22, 2015. If someone filed for their child today, they would be looking at a wait time of approximately 29 years, given the current pace of change. This can be misleading, as the rate of change can vary over time.
For September 2020, the priority date was July 8, 2015, a change of 76 days over one year. At this rate, it would take around 29 years for the priority date to become current. In September 2019, the priority date was June 1, 2014, a change of 478 days over two years, which equates to over nine years. Prior to that, in September 2011, it was July 1, 2003, a change of 4,466 days over ten years, which is about four to five years.
The key issue here is the lack of transparency regarding the number of approved applications that are "in the pipeline" at any given moment. This makes it difficult to predict how long the wait time will be accurately.
Alternative Solutions for Bringing a Child to the U.S.
Given the lengthy waiting times, one option is to find an employer willing and able to sponsor your child for an employment-based visa. The third preference category (skilled workers) may be a suitable choice. It is important to consult an attorney specializing in immigration law to develop a plan to bring your child to the U.S.
AILA's Immigration Lawyer Search is a valuable resource to find such an attorney. By consulting a legal professional, you can explore the best path forward and ensure that your child's application process is as efficient as possible.