Can we petition relatives while waiting for removal of conditions?

[jo&john 1]

Hello,

While waiting for approval of the removal of conditions, is it possible to petition for alien relatives? Hope you could shed light on this.

Thanks,

[payxibka 10,045]

no correlation between the two... if you have basis to petition then you can do so.... (as an LPR you have very limited opportunity, only spouse and children). Any other family member will require you to be a USC.

moving to Bringing Family members of an PR

Edited January 12, 2009 by payxibka

[jo&john 1]

no correlation between the two... if you have basis to petition then you can do so.... (as an LPR you have very limited opportunity, only spouse and children). Any other family member will require you to be a USC.

moving to Bringing Family members of an PR

Hello payxibka,

Sorry for posting it in the wrong forum earlier and I appreciate you moving the topic to the Bringing Family members of a PR forum.

And also thanks for your response.

The reason why I posted this topic was because I have an unmarried son from my country who is turning 25 this year and has a girlfriend. They have been in this relationship for more than 5 years. I was just searching on what my best option for petitioning him: if I petition him while I am still an LPR (I just want to clarify though that I can still petition him even though I am in the process of waiting for the approval of lifting of conditions since the 1-year of extention of the conditional green card specified authorized employment and travel) or would it be best if I would wait for my naturalization (I am eligible to apply October of this year for citizenship; I read that you can apply for citizenship regardless if your 10-year green card application is still pending). Another point to consider is that, they might get married during the process; and looking at the processing time lines, there is a significant difference between California Service Center and Vermont Service Center when it comes to processing petition for alien relatives (CSC falls very far behind in processing petitions by US Citizens than by LPRs, while at the VSC, the processing is only one month apart). I also want to know if only CSC and VSC process petitions for alien relatives at this point. I don't know even know which service center my application for petition will be forwarded after it is sent to Chicago. I am based in Texas.

Any body knows where the petitions will be transferred after they are sent to Chicago?

Can somebody give me an advice on what path (LPR or Citizen route) I should take with regards to petitioning my son?

Thank you,

Jo

[payxibka 10,045]

You are a permananet resident. You are able excersise all benefits associated with that status. Period.

Your problem is not the processing times at the USCIS service center, but the wait time for an available visa number. I hope you realize that the wait time for the visa for an unmarried child from the PI is 11 years, and the wait time for a married child from the PI is 17 years.....

http://travel.state.gov/visa/frvi/bulletin...letin_4406.html

[aaron2020 11,651]

Hi Jo,

As a LPR, you can file a I-130 petition for your son in the F2b category, unmarried children 21 years old and over of a LPR. Currently there is a 12 years wait for visas in this category for Filipinos. The petition is only for your son as there is no derivative beneficiary benefit as a F2b. There is no basis to help your son's girlfriend. If your son was to get married during his wait in the F2b category, the petition for him will be denied as there is no basis for a LPR to sponsor a married child.

Once you become a US citizen, you can ask USCIS to upgrade the petition for you son to a F1, unmarried child of USC, which has a current wait of 16 years for an immigration visa. Alternatively, you can leave him in the F2b category. Also, if he gets marred after you become a USC, you can asked to upgrade him to the F3 category which does allow him to bring a legally married spouse and unmarried minor children (under 21 years). The wait is 23 years for Filipinos in this category.

Processing time is almost meaningless. Your son can be processed and approved within one year, but he still has to wait to get a visa. This is because there are always more people asking for visas than there are visas. The US limits the number of visas because the US can only absorb so many immigrants in a given year.

Sorry, but your son has a very long wait. He is 25 years old and an adult, so he is not a high priority for family reunification. If he was a baby, the system would treat him more favorably.

[jo&john 1]

You are a permananet resident. You are able excersise all benefits associated with that status. Period.

Your problem is not the processing times at the USCIS service center, but the wait time for an available visa number. I hope you realize that the wait time for the visa for an unmarried child from the PI is 11 years, and the wait time for a married child from the PI is 17 years.....

http://travel.state.gov/visa/frvi/bulletin...letin_4406.html

Thanks for the response. It is such a long wait for my son.

God bless,

Jo

Edited January 13, 2009 by jo&john

[jo&john 1]

Hi Jo,

As a LPR, you can file a I-130 petition for your son in the F2b category, unmarried children 21 years old and over of a LPR. Currently there is a 12 years wait for visas in this category for Filipinos. The petition is only for your son as there is no derivative beneficiary benefit as a F2b. There is no basis to help your son's girlfriend. If your son was to get married during his wait in the F2b category, the petition for him will be denied as there is no basis for a LPR to sponsor a married child.

Once you become a US citizen, you can ask USCIS to upgrade the petition for you son to a F1, unmarried child of USC, which has a current wait of 16 years for an immigration visa. Alternatively, you can leave him in the F2b category. Also, if he gets marred after you become a USC, you can asked to upgrade him to the F3 category which does allow him to bring a legally married spouse and unmarried minor children (under 21 years). The wait is 23 years for Filipinos in this category.

Processing time is almost meaningless. Your son can be processed and approved within one year, but he still has to wait to get a visa. This is because there are always more people asking for visas than there are visas. The US limits the number of visas because the US can only absorb so many immigrants in a given year.

Sorry, but your son has a very long wait. He is 25 years old and an adult, so he is not a high priority for family reunification. If he was a baby, the system would treat him more favorably.

Yes, he indeed has a long wait. I appreciate your help.

God bless,

Jo