Fb-1 Family Visa Lawyer Dallas

Step 2: Wait for Priority Date to Become Current

After filing Form I-130, applicants must wait for their priority date to become current. The priority date is typically the date USCIS receives the petition, and it determines the applicant’s place in line for a visa. Since the FB-1 category has an annual visa cap, applicants must monitor the U.S. Department of State’s monthly Visa Bulletin, which indicates when their priority date becomes current and eligible for processing. Applicants in the FB-1 category will have to wait until their priority date is reached before advancing to the next stage of the process.

Step 3 (For Applicants Outside The U.S.): National Visa Center (Nvc) Processing

Once the priority date becomes current, the case is transferred to the National Visa Center (NVC). The NVC will provide the applicant with instructions on the next steps. This includes paying the visa application fee and submitting required documents such as the DS-260 (Immigrant Visa Application), civil documents (e.g., birth certificates, marriage certificates), and an Affidavit of Support (Form I-864) from the petitioner. The NVC will review the submitted documents and, once everything is in order, will schedule an interview at the U.S. embassy or consulate in the applicant’s home country. 

Step 3 (For Applicants Already In The U.S.): File Form I-485 (Adjustment Of Status)

Once the applicant’s priority date becomes current, they can file Form I-485 to begin the process of adjusting their status from a temporary visa holder (or another non-immigrant status) to a lawful permanent resident. In some cases, applicants can file Form I-485 concurrently with Form I-130, but this is only possible if the priority date is current at the time of filing. In cases where the priority date is not yet current, the applicant must wait until it becomes current before filing the I-485. The Form I-485 package includes several required documents, such as proof of lawful entry into the U.S., a medical examination (Form I-693), and evidence of financial support (Form I-864).

Step 4 (For Applicants Outside The U.S.): Visa Interview In The U.S. Embassy Or Consulate

Once the NVC completes the review, the applicant will be scheduled for an interview at the U.S. embassy or consulate. During the interview, a consular officer will assess the applicant’s documents and ask questions about their background and relationship to the petitioner. The applicant will also undergo a medical examination by an approved physician, and the results must be submitted to the embassy. If the officer finds everything in order, the visa will be approved, and the applicant will receive instructions on when and how to collect their passport with the visa stamp.

Step 4 (For Applicants Already In The U.S.): Biometrics Appointment & Adjustment Of Status Interview

After USCIS receives the I-485 application, they will schedule a biometrics appointment for the applicant. During this appointment, the applicant will have their fingerprints, photo, and signature taken for background checks. These checks are part of the security process to verify the applicant’s eligibility. The results from the biometrics appointment typically take several weeks to process, and once completed, USCIS will continue reviewing the application and prepare for the next steps.

USCIS may schedule an interview at a local office after the biometrics appointment. The interview is an important step in the adjustment of status process. During the interview, a USCIS officer will review the applicant’s case, ask questions about the applicant’s background, the relationship with the petitioner, and other information to confirm the eligibility for a green card. The officer may also review supporting documents, including the applicant’s proof of lawful entry, financial evidence, and medical examination results. If the officer is satisfied with the application, they may approve it immediately after the interview or a few days later.

Step 5 (For Applicants Outside the U.S.): Enter the U.S. and Receive the Green Card

Upon approval of the visa, the applicant may enter the U.S. as a lawful permanent resident. At the port of entry, a U.S. Customs and Border Protection officer will inspect the applicant’s visa and documentation. If all is in order, the applicant will be admitted to the U.S., and the green card will be mailed to their U.S. address within a few weeks. If the applicant is already in the U.S., they may be able to adjust their status by filing Form I-485, as long as their priority date is current at the time of filing.

Step 5 (For Applicants Already In The U.S.): Receive the Green Card

Once the adjustment of status application is approved, the applicant will receive their green card (permanent resident card) in the mail. This card grants the applicant lawful permanent resident status, allowing them to live and work in the U.S. permanently. The green card typically arrives within a few weeks after approval.