Latest news with #AbhishaParikh
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Business Standard
14-05-2025
- General
- Business Standard
Busting green card myths: US citizen relatives face long waits too
Being related to a US citizen doesn't always mean a quick path to a green card. While some family members qualify for faster processing, others may wait over 15 years — sometimes decades — depending on the relationship and country of origin. 'If you think your sibling can get a green card quickly just because you're a US citizen, that's a myth,' said Abhisha Parikh, a US-based immigration lawyer. 'The fact is, only immediate relatives — spouses, parents, and children under 21 — get priority. Others, like siblings or married children, might be waiting 15 years or more.' Under current US immigration law, family members of citizens and lawful permanent residents can apply for green cards, but delays depend heavily on their visa category and country of birth. Two separate queues There are two key wait periods that determine how long a green card takes: 1. The visa bulletin queue, which determines when you're eligible to apply Also Read 2. the USCIS processing time, which starts once your application is submitted Immediate relatives of US citizens skip the visa bulletin queue entirely. For others, both queues apply — sometimes spanning decades. 'For Indian nationals, the green card backlog is among the worst in the world — especially in categories like F4 (siblings of US citizens) and F1/F3 (adult children of US citizens),' Varun Singh, managing director at XIPHIAS Immigration told Business Standard. The reason is a country cap that limits green cards for each nation to about 7% of the annual family-based total, regardless of demand. Singh explains: Siblings of US citizens: 15 to 20+ years Adult children of US citizens: Over 10 years Children under 21: 1 to 2 years Spouses of US citizens: 12 to 18 months 'Spouses fall under the Immediate Relative category, so there's no quota. That's why their green cards are processed faster and with fewer hurdles,' he said. Family-based green card waiting times (FY2025) Here's how long family-based green cards take, based on USCIS data: Immediate relatives of US citizens (no visa bulletin wait) Spouses in the US: 9.5 months Spouses abroad: 14.3 months Parents: 14.3 months Unmarried children under 21: 14.3 months Family preference categories (visa bulletin applies) Spouses/children of green card holders (F2A): October 2024 | 35 months Unmarried adult children of US citizens (F1): September 2017 | 9.5 months Unmarried adult children of green card holders (F2B): January 2017 | 35 months Married children of US citizens (F3): July 2012 | 9.5 months Siblings of US citizens (F4): India: October 2006 Most other countries: April 2008 Mexico: April 2001 Philippines: January 2008 USCIS time: 9.5 months Family preference categories defined F1: Unmarried adult sons/daughters of US citizens F2A: Spouses and under-21 children of green card holders F2B: Unmarried adult sons/daughters of green card holders F3: Married sons/daughters of US citizens F4: Siblings of US citizens What determines the wait Two key tools matter when tracking your green card timeline: < The monthly visa bulletin, which tells you when your priority date becomes eligible < USCIS processing times, which tell you how long the agency takes once your application is submitted Immediate relatives can skip the bulletin entirely and apply straight away. Why Indians wait so long 'It's not about favouritism. It's just maths,' Singh said. 'The volume of Indian applicants is huge, but the law restricts how many green cards can go to each country. That's what causes the bottleneck.' He added, 'The real cost is human. Families separated for decades, siblings growing old in different countries, and children ageing out before their number comes up.' What applicants can do if delayed In some cases, applicants can take legal steps if their application is stuck for too long. 'Couples sponsoring spouses should prepare thoroughly to avoid delays. If the wait becomes unreasonable, filing a writ of mandamus is an option to compel USCIS to act,' said Ketan Mukhija, senior partner at Burgeon Law. What counts as marriage fraud Entering into a fake marriage for money or favours Both parties knowingly entering a sham marriage
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Business Standard
24-04-2025
- Business Standard
Just married to a US citizen? Here's when you can apply for a green card
Just married to a US citizen? You can file for a green card the day after your wedding. But if you're in the US on a tourist visa, hold off for a bit—timing is everything. 'If you're in the US on a tourist visa, filing too soon may raise red flags with US Citizenship and Immigration Services (USCIS) and trigger suspicion of visa fraud,' warned Abhisha Parikh, a US-based immigration attorney, in a social media post. Why the 90-day wait matters USCIS may question your intent if you apply for a green card shortly after entering on a tourist visa. The key concern? That you misrepresented your reasons for entering the US. The US Department of State uses a '90-day rule' to assess intent. According to this guideline, if you carry out actions inconsistent with your visa status—like marrying a US citizen and applying for a green card—within 90 days of arrival, officers may presume you had immigrant intent all along. While USCIS doesn't formally follow the rule, cases filed within this window can be subject to extra scrutiny. To stay on the safe side, immigration lawyers often suggest waiting at least 90 days before starting the green card process. This helps show your original purpose for travel was temporary. What to file and when Once you're ready, you'll need two forms: Form I-130: Petition for Alien Relative Form I-485: Application to Register Permanent Residence or Adjust Status You must also provide proof that your marriage is genuine. This includes: Joint bank statements and financial records Photos from your relationship Affidavits from friends or family Lease agreements or utility bills showing shared residence 'But if you are already on a valid immigrant status, you can file as soon as you have your marriage certificate and documents ready,' said Parikh. She added, 'Don't rush—be smart and strategic!' If USCIS suspects fraud Marriage fraud is a federal crime in the US. On March 20, 2025, USCIS posted a reminder on X (formerly Twitter): 'Getting married just to receive immigration benefits is a crime and can lead to deportation, arrest and substantial fines.' All applicants must attend an interview. But if anything seems off, couples may be called for a Stokes interview—a more detailed session held separately for each partner. 'Basically, a Stokes interview is a special type of marriage green card interview that is usually scheduled if the immigration officer suspects marriage fraud. It's not a normal interview, and it can be nerve-wracking if you don't know what to expect,' said immigration lawyer Moumita Rahman in a video post. These interviews can last several hours. The couple is first questioned together, then individually, and their answers are compared for consistency. What they might ask Here are some sample questions: How did you meet? Where did you go on your first date? Who pays which bills? When is the garbage collected? How many bedrooms are in your home? Do you pay bills online or by cheque? Common red flags Moumita Rahman, a New York-based immigration attorney, outlined five reasons applicants may be flagged: 1. A large age gap between spouses 2. Inconsistent answers at the first interview 3. Weak or missing documentation 4. Visible tension or arguments during interviews 5. Conflicting details in public records or social media Another trigger is when couples live apart during the process. Ketan Mukhija, senior partner at Burgeon Law, told Business Standard: 'Given the current landscape of immigration processing delays, couples sponsoring spouses should meticulously prepare their applications to ensure that all required documentation is complete, accurate, and submitted on time to avoid unnecessary setbacks.' He added that if a case is stuck for too long, legal tools like a writ of mandamus could be used to compel USCIS to act. What USCIS counts as marriage fraud Here's what qualifies as marriage fraud under US law: A fake marriage in exchange for money or benefits A mutual agreement to marry without intent to live together
