FB3 – Family-Based Immigration for Married Sons and Daughters of Citizens of the United States

Basic Requirements:

The third preference for family-based immigration is intended for the married sons and daughters of United States citizens, so long as the child is 21 years of age or older. Under this category, a U.S. citizen may sponsor his or her son’s or daughter’s application for a green card. However, since only 23,400 visas are granted every year, there is typically a substantial waiting list for this preference category. While the exact waiting time fluctuates from year to year, individuals applying under this category should expect to wait 9-10 years after first filing the initial petition to receive their visa. However, individuals applying from some countries—for instance, Mexico, the Dominican Republic, China, the Philippines, and India—may have to wait longer than this.

Family Members:

Under this category, the applicant’s spouse and children—so long as the children are under 21 and unmarried—are eligible to obtain a green card (permanent resident status) as a derivative of the married son or daughter of the United States citizen when he or she obtains a green card. As such, spouses and children of successful applicants are permitted to accompany the applicant into the United States.

Application Process:

There are two basic steps that must be completed as part of this third-preference category: 1) A U.S. citizen parent must petition for his or her married son’s or daughter’s application for permanent residency status (a green card). Once this has been done, the United States Citizenship and Immigration Service (US CIS) will issue a priority date that, when reached, will signal when a visa will become available. 2) Once the visa has become available, the applicant may simply adjust his or her residency status should he or she already be legally living in the U.S. Alternatively, applicants who are applying from outside of the U.S. will need to apply through normal consular processing.

Fees:

At Law Office of William Jang, PLLC, our Austin immigration attorneys typically charge the following in attorney’s fees when filing in the U.S. at the US CIS (please read this disclaimer), along with the current filing fee as charged by the US CIS:

Step 1: Petition

• $1,000 in attorney’s fees for the immigration petition
• $675 USCIS filing fee for the petition for Family Based Immigration

Step 2: Adjustment of Status (if already in the U.S.):

• $2,500 attorney’s fees for the principal beneficiary
• $1,500 attorney’s fees for each family member
• $1,440 USCIS filing fee for the adjustment of status
• $260 USCIS Employment Authorization Document for each person (optional)
• $630 USCIS Advance Parole for each person(optional)

Consular Processing (if outside of the U.S.):

• $4,000 attorney’s fees for the principal beneficiary
• $1,500 attorney’s fees for each family member
• $120 AOS Processing Fee
• $325 Consular Processing fee per person
• $235 Permanent Resident Card

Experience:

At Law Office of William Jang, PLLC, our Austin immigration attorneys are extensively experienced with the representation of married sons and daughters of U.S. citizens as they apply for permanent residency status in the U.S.  Please see a sample of approved cases.

What do we need to get started?

Information and Documents needed for FB3 – Married Sons and Daughters of US Citizens
Sample Retainer Agreement