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  • Family Based I-130 Petition

    I have question concerning family based I-130 petition?


    California Service Center processing time:-
    U.S Citizen filing for unmarried son/ daughter over 21---- ------ Jan 2003
    Permanent resident filing for unmarried son/ daughter over 21 ---- -Feb 2005
    U.S Citizen filing for a brother-------------------------------- Apr 2001

    The Department of State priority date:-
    Unmarried son of U.S Citizen ----------------------Mar 2002
    Unmarried son / daughter of permanent resident ----Sep 1999
    Brother of U.C Citizen-----------------------------Sep 1997

    Can somebody tell me what is the difference between California center processing time and the Department of State processing time? Its look like to me it is faster Permanent resident parent filing for unmarried son/ daughter over 21 than U.S citizen filing for unmarried son/ daughter over 21 and it's the other way around at DOS.

  • #2
    I have question concerning family based I-130 petition?


    California Service Center processing time:-
    U.S Citizen filing for unmarried son/ daughter over 21---- ------ Jan 2003
    Permanent resident filing for unmarried son/ daughter over 21 ---- -Feb 2005
    U.S Citizen filing for a brother-------------------------------- Apr 2001

    The Department of State priority date:-
    Unmarried son of U.S Citizen ----------------------Mar 2002
    Unmarried son / daughter of permanent resident ----Sep 1999
    Brother of U.C Citizen-----------------------------Sep 1997

    Can somebody tell me what is the difference between California center processing time and the Department of State processing time? Its look like to me it is faster Permanent resident parent filing for unmarried son/ daughter over 21 than U.S citizen filing for unmarried son/ daughter over 21 and it's the other way around at DOS.

    Comment


    • #3
      Main difference is whether the applicant or petitioner is living in the Untied States or not.
      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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      • #4
        Hey Hudson!!!!!! Long time no see!!! Hope all is well with you and yours!

        Comment


        • #5
          A petition for relative I-130 has to be first approved by Service Center. If it is family based preferance category (no visas immediately available) it is sent to NVC where it waits for the priority date to become current (visa available).

          So, when for a son of USC, I-130 is approved after 5 years (2008 -2003), there will be approximately one more year of wait ( so the 2003 becomes current(2002 turns into 2003)) before visa can be issued (or if in the USA, before son can adjust status). Total 6 years.

          A son of PR may get I-130 approved within 3 years,(let's say now if it was filed in 2005) but he wan't see any further action for the next 6 years or so (until priority date 1999 (on DOS list) shows 2005 - when the petition was filed.) Total 9 years.

          As long as I-130 is approved before priority date is current, it doesn't realy matter how long that took. One still has to wait for priority date to become current.

          Did I explain that or made it more complicated?!

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          • #6
            Aneri, Thank you very much for your explanation, I have another question for you if the son/daughter whose his father petitioned to him/her is residing in the United States, can the son/daughter adjust his/her status in the U.S and not to go to his/her country for that. The son/daughter entered the U.S legally with visa but overstay?

            What kind of forms the son/daughter must file if he/she goanna adjust his/her status inside the U.S is it form I-485 and go through USCIS local office or forms from Department of States must be filled?
            So from your previous reply its look like it at the end it will be faster for the son/daughter if the father is U.S citizen to petition his son/daughter than permanent resident father petition his son/daughter? Because in the end it goes by visa availability"”I'm I correct?

            Thank you Aneri.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Pattal:
              ..if the son/daughter whose his father petitioned to him/her is residing in the United States, can the son/daughter adjust his/her status in the U.S and not to go to his/her country for that. The son/daughter entered the U.S legally with visa but overstay?. </div></BLOCKQUOTE> if that child is over 21 (and under family preferance category), he/she can NOT adjust status in the USA if he/she, at the time visa number becomes available, is not in legal status.
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Pattal:
              What kind of forms the son/daughter must file if he/she goanna adjust his/her status inside the U.S is it form I-485 and go through USCIS local office or forms from Department of States must be filled?. </div></BLOCKQUOTE>I-485 with supporting documents. See the I-485 instructions for that, as well as where to send it.
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Pattal:
              So from your previous reply its look like it at the end it will be faster for the son/daughter if the father is U.S citizen to petition his son/daughter than permanent resident father petition his son/daughter?. </div></BLOCKQUOTE> In general - yes. But for some countries the wait is longer if parent is USC.

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