The processing time for transitioning from an R-1 visa to a Green Card (permanent residency) can vary depending on several factors. These include the type of Green Card application, the visa backlog, and how efficiently the U.S. Citizenship and Immigration Services (USCIS) and the Department of State handle the case. Here is an overview of the typical timeline for an R-1 visa holder applying for a Green Card through the EB-4 religious worker category:
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Step-by-Step Processing Time
- Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant):
- Filing the Petition: The first step in the Green Card process for an R-1 visa holder is for the sponsoring religious organization to file Form I-360 with USCIS. This petition establishes that the R-1 visa holder qualifies for an EB-4 immigrant visa as a religious worker.
- Processing Time: The approval time for Form I-360 varies. Typically, it can take 8 to 14 months for USCIS to process and approve the I-360 petition. Processing times are subject to delays or speedups based on USCIS workload and visa availability.
- Visa Availability (EB-4 Quotas):
- Visa Bulletin: The EB-4 category for religious workers is subject to annual limits, and the Visa Bulletin published by the U.S. Department of State each month shows whether EB-4 immigrant visas are available for the applicant’s country of origin. If visas are current for the applicant’s country, they can proceed with the next step; if there is a backlog, the applicant may have to wait until their priority date becomes current.
- Potential Delays: Visa availability can cause significant delays, especially for applicants from countries with high demand, like India and Mexico.
- Adjustment of Status (Form I-485) or Consular Processing:
- If Inside the U.S.: R-1 visa holders already in the U.S. can file Form I-485 (Application to Register Permanent Residence or Adjust Status) after the I-360 is approved and a visa becomes available. This process typically takes 8 to 14 months, but times may vary depending on the applicant’s location and processing center.
- If Outside the U.S.: R-1 visa holders applying from abroad undergo consular processing at a U.S. embassy or consulate in their home country. The time for consular processing can take several months, depending on how busy the specific consulate is.
- Biometrics and Interview:
- Biometrics Appointment: After filing Form I-485, USCIS will schedule a biometrics appointment (fingerprinting and background checks). This typically occurs 1 to 2 months after the Form I-485 filing.
- Interview: In some cases, USCIS may require an interview for the Green Card application. The scheduling of the interview can add a few more months to the overall process.
- Approval and Issuance of Green Card:
- Once the Form I-485 is approved (or consular processing is completed), the applicant will receive their Green Card in the mail. This can take several weeks after final approval.
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Total Processing Time Estimate
- Form I-360 Petition: 8 to 14 months.
- Visa Availability: Dependent on the Visa Bulletin; no delay if visas are current, but could add months or years if there is a backlog.
- Adjustment of Status (Form I-485) or Consular Processing: 8 to 14 months.
- Biometrics and Interview: 1 to 3 months additional time.
Overall Processing Time:
The total processing time for transitioning from an R-1 visa to a Green Card could range from 12 to 24 months (if visas are current and there are no significant delays). If there are visa backlogs, the wait could extend further, depending on when the priority date becomes current.
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Additional Factors That Could Affect Processing Time:
- USCIS Backlogs: Delays at USCIS processing centers can extend the timeline.
- Country of Origin: Applicants from countries with high demand for EB-4 visas, such as India or Mexico, may face longer wait times due to backlogs.
- Interview Requirements: If a Green Card interview is required, it may add several months to the overall processing time.
The process for an R-1 visa holder to obtain a Green Card can take anywhere from 12 to 24 months or longer, depending on visa availability, USCIS processing times, and whether the applicant is adjusting status or going through consular processing.
