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  • I-130 timeline ... immediately?

    Hi,

    I've been doing some research about the timeline for an I-130/I-485 petition for my 18 months son.

    Everywhere they told me (including the I-130 form itself) that my petition would be immediately because I'm USC and my son is under 21 and unmarried.

    However, if you see the processing dates of the Texas Center you notice that the "I-130 petition for children under 21" is 26 months behind!

    https://egov.immigration.gov/graphic...ceCenter=Texas

    I don't understand what means immediately anymore ... can you explain me what I'm missing?

    Thanks,

    Mary.

  • #2
    Hi,

    I've been doing some research about the timeline for an I-130/I-485 petition for my 18 months son.

    Everywhere they told me (including the I-130 form itself) that my petition would be immediately because I'm USC and my son is under 21 and unmarried.

    However, if you see the processing dates of the Texas Center you notice that the "I-130 petition for children under 21" is 26 months behind!

    https://egov.immigration.gov/graphic...ceCenter=Texas

    I don't understand what means immediately anymore ... can you explain me what I'm missing?

    Thanks,

    Mary.

    Comment


    • #3
      what youy are missing is the following:

      Once you apply, they will give your son an alien registration number and they will let him adjust status and come to the US IMMEDIATELY.

      After some time, you will be called in for an interview here in the US for someone at USCIS to see whether your qualifies for the green card.At that time, they will already have the alien registration number.

      So those times you are seeing there, are the times it takes them to process your I-130, so that they will then call you for interview. Note that at that time you will be in US, so you really dont have to wait to come into the US.

      Comment


      • #4
        Thanks! Now it's clear to me.

        Comment


        • #5
          On last question...

          My son will receive his Alien Registration Number immediately, but is he considered a LPR only by having this Alien Number?

          Or the purpose of this Alien Number is only to ask about his case status?

          Thanks,

          Mary.

          Comment


          • #6
            I am assuming that your son is here in the U.S. The problem is that you filed an I-130 first. Since this is an immediate relative case you could have filed the I-130 & I-485 concurrently in the local office (cut down on the time) and then the I-130 would be adjudicated by the officer who interviewed your child. This way, you have to wait for the adjudication of the I-130 and THEN file the I-485. When you file an I-485 they will assign an A-number. That will be your son's file number but it doesn't mean that he will have a green card until/unless the I-485 is granted. IF he is granted the A-number will be the number on his green card.

            Comment


            • #7
              I havent filled anything yet. I'm planning to move with my son in the summer.

              I'll fill both I-130/I-485 together.

              So, when the I-485 is granted it means he becomes LPR?

              If, this is the case ... what is the timeline for the I-485?

              Thanks a lot,

              Mary

              Comment


              • #8
                I am very interested in this discussion as I think I am in a similar position to Mary. I want to move to US with my 9 month old son in the summer. What I'm wrestling with is should I do through DCF I-130 in London and then travel back for the interview? Could I get my son a K-4 while this is being processed so he can remain in US with me? OR do I file for I-130 and I-485 a few months after going to US?

                Comment


                • #9
                  I just remmber a case of my friend which happened in Middle-East: He was working with US Company. Married to Indian, she had a US visa, "NOT GREEN CARD STATUS"
                  Father went to US Embassy, trying to get US Birth Certificate and Passport two weeks before his travel to US. He was informed by the Vice-Consul that he is unable to transmit the citizenship to his child, as he had not lived in US for 10 years. First he try to enter child in his wifes passport which was denied by the Indian Emabssy, According to Indian Law child's citizenship go through father mother can not transmit the citizenship to the child.
                  During all this time child was without Visa and
                  passport in the country of birth. No Middle East Country give citizenship to foreign citizen's child.
                  My friend did brought his child to US after two weeks. How?........................I have to rush I will be back again to complete this info.

                  Comment


                  • #10
                    If the I-485 is granted then he will be an LPR. The timeline for I-485 processing depends on the office where you live. If they have a large number of cases it will take longer than a smaller office.

                    Adam, transmittal of U.S. citizenship has NOTHING to do with Indian law. If the mother was a US citizen who had resided the required amount of time in the U.S. she could have passed citizenship on to child.

                    Comment


                    • #11
                      BronzeLady: If father is unable to transmitte the citizenship and Indian Embassy do not give the citizenship through mother, child has no visa, No passport in a Foreign Country. How will you get the child into US.
                      Just put your self into the same position, and think how you will feel about.

                      Mother was not an LPR even otherwise she could have brought the child to US. AGAIN the Chaild do not have a passport, how he can travel.
                      Can you travel with out a passport?
                      We American should be greatful to Our Country, any think happen just go to Embassy they will do every thing for you. That's why you pay your tax. American Officers risk their life in many countries. Praise the Lord.

                      In case if mother was also a USC even then she had to be in US for 10 years. if child is born before November 14, 1986.

                      [This message was edited by Adam on March 12, 2004 at 10:30 PM.]

                      [This message was edited by Adam on March 14, 2004 at 05:30 PM.]

                      Comment


                      • #12
                        If one parent was a USC who could have transmitted citizenship you get an Indian passport and resolve it here....if the parent can not transmit citizenship then you STILL get an Indian passport.....come to the U.S. and tell the Immigration Officer that you would like to legalize the status of your child. A little known fact of CIS law......a child UNDER 2 years of age of a U.S. citizen can ON THE FIRST TRIP INTO THE U.S. legitimize their status. It's called creation of record and they don't even have to file a form......the airport processes the paperwork. Those children get a green card.

                        Comment


                        • #13
                          Like US all Countries have their Immigration Laws and they also want to force them like US.

                          I know what you are trying to convey:
                          1. Father do not meet the requirement of
                          transmission, case is closed.
                          2. According to Indian Immigrattion Law, Father
                          can transmit citizenship to the child.
                          (mother is out of question now)
                          3. Mother has 10 years Visitors visa in her
                          passport.
                          IF SHE HAD A LPR STATUS THEN SHE CAN GET THE CHILD UNDER 203(a)(2)(A) CHILD OF ALIEN RESIDENCE BEFORE HIS/HER SECOND BITH DATE.

                          Comment

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