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Timeline for Immigration Visa

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  • Timeline for Immigration Visa

    My friend file I-130 for his three unmarried children over 21 years in Nov.2000 When he was an LPR.
    During this five years he had not recived any response to his I-130 petitions. Recently when he wrote to usics to find out, since then uscis has update. and right now they are processing Jan.04, 1999.
    Still have to wait for 2years.
    We are ready for our Citizenship oath by July 2006.
    US Citizen filing for unmarried son/daughters over 21, uscis is now processing May 07, 2001.

    If he get the Citizenship, his children can apply for their LPR status right away, this is my under standing of the visa numbers.

    Is this correct?
    Please comment, thanks.

  • #2
    My friend file I-130 for his three unmarried children over 21 years in Nov.2000 When he was an LPR.
    During this five years he had not recived any response to his I-130 petitions. Recently when he wrote to usics to find out, since then uscis has update. and right now they are processing Jan.04, 1999.
    Still have to wait for 2years.
    We are ready for our Citizenship oath by July 2006.
    US Citizen filing for unmarried son/daughters over 21, uscis is now processing May 07, 2001.

    If he get the Citizenship, his children can apply for their LPR status right away, this is my under standing of the visa numbers.

    Is this correct?
    Please comment, thanks.

    Comment


    • #3
      The only relatives of US citizens that don't have to wait for an immigrant visa number are parents, spouses and unmarried children under the age of 21.

      Since the kids are over the age of 21 they have to wait for the first prefence number to become available. As you said, this would be May 7, 2001

      Comment


      • #4
        Sugarpuff....I looked at the visa bullitin for February 2006 for 1st preference and it is at April 21 2001. How you came by May 7, 2001 for 1st prefernce?

        Comment


        • #5
          "If he get the Citizenship, his children can apply for their LPR status right away, this is my under standing of the visa numbers.
          Is this correct?"

          Almost. First, he'll need to upgrade his I-130 petition to as filed by US citizen. This should facilitate approval, but still may take months due to inefficiency of USCIS. Then his children can apply for immigrant visas at the consulate (number should be available based on priority date, but there may be retrogression). The second phase can take 6 to 9 months to complete.

          Comment


          • #6
            Albiot,

            It says on the Visa Bulletin it says children over 21 of U.S. citizens are 1st preference. Where are you getting that they don't need a number. I thought only spouses and parents of citizens did not need a number.

            Flex,

            Sorry, I was lazy. I assumed the date Adam had indicated was correct. Thanks for putting down the correct date. Sorry for the confusion.

            Comment


            • #7
              Adam,

              I am a bit new at this, but my understanding is that as soon as your friend becomes a citizen, he should inform the state department so that they may upgrade the cases of his children. The kids will now fall in the 1st preference category. Visa numbers will have to be available for them to be able to get their greencards. They will be able to retain their original priority date of November 2000 even though they fall in this new category. Priority date for 1st prefernce based on the visa bulletin is April 2001 and so since the kids prority dates will be November 2000 they will become immediately eligible for a greencard as soon as their case are updated. Hope this information was useful.

              Comment


              • #8
                From Sugarpuff: "Where are you getting that they don't need a number."

                Where did YOU get this from. It is not in my post. What I said was that their I-130 and 1st preference visa numbers will be available due to their early priority dates.

                From flexx: "my understanding is that as soon as your friend becomes a citizen, he should inform the state department so that they may upgrade the cases of his children."

                They are not at that stage yet. They are still waiting for I-130 approval. It is that petition that need an upgrade when he naturalizes. Agree with the rest of the post.

                P.S. Sugarpuff, copy and paste works well for correct spelling.

                Comment


                • #9
                  Aibolit,

                  You can probably verify if what I about to say is true. Base on my understanding USCIS has change the way they go about processing I-130 application. They have decided that they will only process these applications when a visa number is about to become current for the family members being sponsored. Think it has to do with allocation of resources and the reduction of backlog and processing of labor certification. That is why I said that as soon as the guy becomes a citizen he should notify the feds of his change in status and submit a copy of the I-130 receipt, that way the kids now would be eligible for their green card and it would force the USCIS to make a decision on their applications. Otherwise they will have a very long wait, since as far as the visa center is concern their application will not be looked at until they are processing application filed in November 2000 for sons and daughters of a permanent resident. Try and get hold of a recent I-130 application receipt, thats where I got my information re- processing of I-130 application procedures modification. I might be wrong and I know you are more knowledgable in this area.

                  Comment


                  • #10
                    Flexx is correct. Because of the change in what is considered "backlogged" they will not work on the petition until the priority date is current. Therefore, upon becoming a citizen, you should request that your petition be upgraded to whomever you filed the original application with (if State Dept then State department if CIS then CIS).

                    Comment


                    • #11
                      Sugarpuff/flexx: I am sorry if I have idicated incorrect date.
                      Once the parents become a US Citizen, they will upgrade the I-130, and I think they will have to file I-485 for Adjustment of Status of the children if they are in US.
                      Since the I-130 Petition was file in Nov.2000, the visa number should be available to them within next month or so. please comment, thank you.
                      If uscis is processing the 1st preference category for petitions flie in April 2001.

                      Comment



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