FAQs – Family-Based Immigration & Waivers

The I-130 is the first step in a family-based green card case. It establishes that a qualifying family relationship exists between a U.S. citizen (USC) or lawful permanent resident (LPR) and the foreign national beneficiary.
Authority: INA § 204; 8 C.F.R. § 204.1

A U.S. citizen or lawful permanent resident may file for:

• A spouse
   
• A child (married or unmarried, depending on petitioner status)
   
• A parent (USCs only)
   
• A sibling (USCs only)
   

As of April 1, 2024, the filing fee is:

• $675 (online or paper filing)
   

(Previously $535)

Processing times vary by USCIS service center and petitioner status:

• U.S. citizen petitioners: approximately 12–18 months
   
• Lawful permanent resident petitioners: often longer and subject to visa availability
   

Next steps depend on where the beneficiary is located and how they entered the U.S.:

• Inside the U.S. with a lawful admission: May be eligible to file Form I-485 (Adjustment of Status)
   
• Outside the U.S.: Case proceeds through consular processing
   
• Entered without inspection (EWI): Adjustment is generally not available unless protected by law (e.g., §245(i), VAWA, certain parole scenarios)

Form I-485 allows an eligible individual already in the U.S. to apply for lawful permanent resident status (a green card).
Authority: INA § 245; 8 C.F.R. § 245

Eligibility depends on several factors, including:

• A lawful admission or parole into the U.S.
   
• An immediately available immigrant visa
   
• A qualifying basis such as:
   
  • Approved I-130 (immediate relatives of USCs)
     
  • VAWA self-petitioners
     
  • Certain parolees (including TPS holders who traveled on Advance Parole, depending on circuit law)
     

As of April 1, 2024:

• $1,440 (biometrics included, where required)
   

Employment Authorization (I-765) and Advance Parole (I-131) now require separate filing fees when filed with an I-485.

Processing times vary widely by field office and case type. Many cases take 8–24 months, though some take longer.

You become a lawful permanent resident. Your green card is typically mailed within a few weeks after approval.

Yes. Once approved, you may enter the U.S. as a permanent resident using your immigrant visa stamp or green card.

The I-601A provisionally waives the 3-year and 10-year unlawful presence bars before the applicant departs the U.S. for consular processing.
Authority: INA § 212(a)(9)(B); 8 C.F.R. § 212.7(e)

Individuals who:

• Are physically present in the U.S.
   
• Have an approved immigrant petition
   
• Can show extreme hardship to a U.S. citizen or LPR spouse or parent
   

• $795 (as of April 1, 2024)
   

Approximately 30–44 months, subject to change.

You may depart the U.S. to attend your immigrant visa interview abroad with protection against unlawful presence bars.

You should not depart the U.S. without legal guidance. Departure without an approved waiver can trigger a 3- or 10-year bar.

This waiver is filed after a consular officer finds an applicant inadmissible for certain grounds (fraud, unlawful presence, misrepresentation, etc.).
Authority: INA § 212(a); 8 C.F.R. § 212.7

Applicants who can show extreme hardship to a qualifying USC or LPR relative and whose ground of inadmissibility is legally waivable.

• $930 (effective April 1, 2024)
   

Approximately 24–36 months, depending on the waiver type and office.

No. You must remain abroad until the waiver and immigrant visa are approved.

Form I-212 requests permission to reapply for admission after a prior removal, deportation, or unlawful reentry.

Authority: INA § 212(a)(9)(A) & (C)

Individuals who:

• Were previously removed or deported
   
• Reentered or attempted to reenter unlawfully
   
• Triggered permanent or time-limited reentry bars
   

• $930 (effective April 1, 2024)
   

Approval allows the applicant to proceed with consular processing if all other requirements are met.

There is no automatic 180-day grace period.

Unlawful presence generally begins:

• The day after your I-94 expires, or
   
• The day USCIS formally finds a status violation
  Authority: INA § 212(a)(9)(B); USCIS Policy Manual, Vol. 9, Pt. B
   

• More than 180 days but less than 1 year of unlawful presence → 3-year bar
   
• 1 year or more of unlawful presence → 10-year bar
  (Bars are triggered upon departure from the U.S.)
   

No. There is no current law granting permanent residence after seven years in the U.S.

The “Registry” provision (INA § 249) currently requires residence in the U.S. since January 1, 1972.
Proposals to modernize Registry or create rolling eligibility are pending legislation only and not law.

A D-3 waiver (also called a 212(d)(3) waiver) allows certain individuals who are inadmissible to the United States to temporarily enter the U.S. on a nonimmigrant visa (such as B-1/B-2, H-1B, L-1, O-1, etc.).
Authority: INA § 212(d)(3); 9 FAM 305.4

Individuals who are otherwise eligible for a nonimmigrant visa but are inadmissible due to grounds such as:

• Prior unlawful presence
   
• Prior removal or deportation
   
• Certain criminal convictions
   
• Fraud or misrepresentation (depending on facts)
   

Eligibility is discretionary and assessed on a case-by-case basis.

Consular officers evaluate:

1. Risk of harm to U.S. society
    
2. Seriousness of the prior violation
    
3. Reason for travel to the U.S.
    

(Derived from Matter of Hranka, 16 I&N Dec. 491 (BIA 1978))

There is no separate USCIS form. The waiver is:

• Requested through the U.S. consulate
   
• Recommended by the consular officer
   
• Decided by the Admissibility Review Office (ARO)
   

Typically 3–6 months, though timelines vary.

Waivers may be granted for:

• A single entry, or
   
• Multiple entries, often valid up to 5 years, depending on circumstances

Employment-based green cards allow foreign nationals to become permanent residents through:

• Employer sponsorship, or
   
• Self-petitioning (in limited categories)
   

Authority: INA §§ 203(b)(1)–(5)

• EB-1: Priority Workers
  (Extraordinary Ability, Outstanding Professors/Researchers, Multinational Executives)
   
• EB-2: Advanced Degree or Exceptional Ability
  (Includes National Interest Waiver – NIW)
   
• EB-3: Skilled Workers, Professionals, and Other Workers

PERM is the process by which a U.S. employer proves to the Department of Labor (DOL) that:

• There are no able, willing, qualified, and available U.S. workers for the position, and
   
• Hiring a foreign worker will not adversely affect U.S. workers’ wages or conditions
  Authority: 20 C.F.R. Part 656
   

Approximate timelines:

• Prevailing Wage Determination: 6–8 months
   
• Recruitment period: ~2–3 months
   
• PERM adjudication: 9–12 months (longer if audited)
   

No. All PERM costs must be paid by the employer.
Authority: 20 C.F.R. § 656.12(b)

Form I-140 is filed by the employer (or self-petitioner, where permitted) to classify the foreign national under an employment-based category.
Authority: INA § 204; 8 C.F.R. § 204.5

• $715 (as of April 1, 2024)
   
• Optional Premium Processing: $2,805 (15–45 calendar days depending on category)
   

The employee may:

• File Form I-485 (if a visa is available and they are in the U.S.), or
   
• Proceed with consular processing if abroad

The National Interest Waiver allows eligible professionals to self-petition without employer sponsorship or PERM if their work benefits the United States.
Authority: INA § 203(b)(2)(B)(i)

Under Matter of Dhanasar, the applicant must show:

1. The proposed endeavor has substantial merit and national importance
    
2. The applicant is well positioned to advance the endeavor
    
3. It would benefit the U.S. to waive the job offer and labor certification requirement

The H-2B allows U.S. employers to hire foreign workers for temporary, seasonal, peak-load, or one-time needs.
Authority: INA § 101(a)(15)(H)(ii)(b)

Up to 3 years total, with extensions in increments.

Yes. There is an annual cap of 66,000 visas, subject to supplemental allocations.

Applicants who:

• Were lawfully admitted or paroled
   
• Have an approved I-140
   
• Have a current priority date
   
• Are otherwise admissible
   

Yes, with approved:

• Employment Authorization (EAD)
   
• Advance Parole
   

Employment-based immigration is highly technical and depends on:

• Employer compliance
   
• Timing
   
• Priority dates
   
• Individual immigration history
   

Improper filing or travel decisions can permanently affect eligibility.

Immigration law is complex and highly fact-specific. This information is general in nature and does not replace individualized legal advice.