visa for my wife son

[scissordoc 0]

Hello my wife son has an approved i-130. He had this aprroval BEFORE his 21 birthday. (waiting for a availble Visa. still several years!!!) my wife is a green card holder. in 2 weeks she will take the US citizenship exam. my question is since my wife status will change to citizen , will her son be able to get a imediate VISA??? What will I need to do to make this happen?

[GlobeHopperMama 95]

I'm not 100% positive how to answer, but you might be able to get some of your answers from the current Visa Bulletin. Good luck!

[scissordoc 0]

I'm not 100% positive how to answer, but you might be able to get some of your answers from the current Visa Bulletin. Good luck!

i called uscis a few time and some say yes they will give visa and some say no. there seems to be a gray area!

[GlobeHopperMama 95]

If you think there's a gray area, then it is definitely time to engage the services of a good immigration lawyer experienced with family-based immigration and preference categories.

The way I have always understood, only spouses and under-21 children of citizens are eligible for an immediate visa. So if your son is still under 21 when your wife becomes a citizen, then he should be eligible to get his visa right away. However, if he turned 21 before she became a citizen, I don't believe he would qualify, even though his petition was already approved, because his petition was approved based on a relationship to a Legal Permanent Resident.

Maybe someone else with experienced in family-based immigration around age 21 will come in here and speak up!

[aaron2020 11,651]

You need to provide more information.

What is your wife's son's priority date and what country will he be immigrating from? Did your wife petition for her son? Did you? If you petitioned for him, are you a US citizen?

Edited August 25, 2008 by aaron2020

[scissordoc 0]

You need to provide more information.

What is your wife's son's priority date and what country will he be immigrating from? Did your wife petition for her son? Did you? If you petitioned for him, are you a US citizen?

His prority date is aug 31,2005. he is immigrating from Russia. his aproval notice say unmarried child inder 21 of permanate resident iyes nt wife petitioned for him.

[aaron2020 11,651]

Your wife's son's I-130 was originally classified in the F2a category (spouses & children of LPR). However, he automatically goes to the F2b category (unmarried sons & daughters of LPR) when he turned 21 years old. So it does not matter when his application was approved. He is currently in the F2b category. The current priority date for F2b is December 15, 1999 for Russia.

Once your wife becomes a US citizen, she will need to inform National Visa Center that her status has changed and the application for her son should be reclassified into the F1 preference category (unmarried sons & daughters of USC). The current priority date for F1 is April 1, 2002 for Russia. It looks like your wife's son will have to wait another 3-4 years.

There is nothing you can do to speed this process up.

Best of luck.