filing through permanent resident is faster than a u.s. citizen ?

[DJX 0]

hi all

I’m 25 years old, unmarried and currently on F1 student visa. i'm planing to graduate on may 2012

my mother is an American citizen, and my father is a permanent resident

while i was checking the USCIS processing time Information for California Service Center, i saw the following

Field Office Processing Dates for California Service Center as of: March 31, 2011

I-130---Petition for Alien Relative-----U.S. citizen filing for an unmarried son or daughter over 21-----------Processing Timeframe: September 27, 2007

I-130---Petition for Alien Relative-----Permanent resident filling for an unmarried son or daughter over 21----Processing Timeframe: May 7, 2010

is it possible that if i filed through my father, who is considered to be a permanent resident, the process will be faster than if i filed through my mother ? ( who is considered to be an american citizen ?)

my other question..my visa will expire on may 2013, can i stay in the US after am done with school till my green card process is done ?

thank you so much guys in advance..

Edited May 19, 2011 by DJX

[canadian_wife 1,827]

Because your visa expires in 2013 that does not mean you are authorized to stay until 2013, an F-1 student visa requires you to be A STUDENT, if you have graduated and have not extended your visa through OPT, then you must leave

Good luck

[souleymon 27]

It is faster Applying through a US Citizen that permanent residence.Since your parents are both there,it should give you an edge,applying through your mum is a better option

[DJX 0]

It is faster Applying through a US Citizen that permanent residence.Since your parents are both there,it should give you an edge,applying through your mum is a better option

thank you guys so much for your replies..

souleymon.. that what i thought until i saw the processing time on the USCIS website.. it shows that they are now processing cases that was filed on may,7 2010 for people who are applying through a us citizen.. and they are processing cases that was filed on September 27, 2007 for people who are applying through a permanent resident.

is there a mistake with the dates ? or i misunderstood the meaning of processing time ?

Edited May 19, 2011 by DJX

[Dakine10 5,452]

hi all

I’m 25 years old, unmarried and currently on F1 student visa. i'm planing to graduate on may 2012

my mother is an American citizen, and my father is a permanent resident

while i was checking the USCIS processing time Information for California Service Center, i saw the following

Field Office Processing Dates for California Service Center as of: March 31, 2011

I-130---Petition for Alien Relative-----U.S. citizen filing for an unmarried son or daughter over 21-----------Processing Timeframe: September 27, 2007

I-130---Petition for Alien Relative-----Permanent resident filling for an unmarried son or daughter over 21----Processing Timeframe: May 7, 2010

is it possible that if i filed through my father, who is considered to be a permanent resident, the process will be faster than if i filed through my mother ? ( who is considered to be an american citizen ?)

my other question..my visa will expire on may 2013, can i stay in the US after am done with school till my green card process is done ?

thank you so much guys in advance..

Since you are over 21 years of age, you are no longer considered an immediate relative for immigration purposes. This means you can't just go by the I-130 processing time, b/c after the I-130 is approved, you will still need to wait for a visa to become available. You need to check the visa bulletin to see the priority date for the 2 categories.

http://travel.state.gov/visa/bulletin/bulletin_5368.html

It looks like the priority date is May 2004 for unmarried sons/daughters (>21) of USC, and April 2003 for unmarried sons and daughters of permanent residents. The priority date is the date the I-130 is properly filed so at this moment it is faster to be sponsored by a USC parent, but the "backlog" is about 7 years.

[Little_My 464]

When you graduate, you can apply for OPT (as mentioned by canadian_wife), which will allow you to stay here for an extra year after your academic studies are over. The only catch is that you have to find someone to hire you for a position that is related to the field you graduated from. If you choose not to do OPT, you have a 60 day grace period after you have graduated to stay in the US, travel, get your affairs in order etc. but you will have to leave within that 60 days from the day you officially graduated to not accumulate any overstay.

[JimVaPhuong 4,863]

hi all

I’m 25 years old, unmarried and currently on F1 student visa. i'm planing to graduate on may 2012

my mother is an American citizen, and my father is a permanent resident

while i was checking the USCIS processing time Information for California Service Center, i saw the following

Field Office Processing Dates for California Service Center as of: March 31, 2011

I-130---Petition for Alien Relative-----U.S. citizen filing for an unmarried son or daughter over 21-----------Processing Timeframe: September 27, 2007

I-130---Petition for Alien Relative-----Permanent resident filling for an unmarried son or daughter over 21----Processing Timeframe: May 7, 2010

is it possible that if i filed through my father, who is considered to be a permanent resident, the process will be faster than if i filed through my mother ? ( who is considered to be an american citizen ?)

my other question..my visa will expire on may 2013, can i stay in the US after am done with school till my green card process is done ?

thank you so much guys in advance..

First of all, you're looking in the wrong place. USCIS approves petitions, but Department of State (via the NVC) manages visa numbers. What you're looking at is the current processing timeframes for the I-130 petition. What you should be looking at is the DoS visa bulletin to determine which priority dates are current. It doesn't matter when your petition is approved - you can't get a visa or adjust status until your priority date is current. That's when a visa number will become available for you. You can always find the latest visa bulletin here:

http://www.travel.state.gov/visa/bulletin/bulletin_1360.html

BTW, the priority date is the day that USCIS accepts the I-130 petition, which will usually be within a week or two of when the petition is sent to USCIS. This reserves your place in line while USCIS adjudicates the petition.

An adult unmarried child of a US citizen is FB1 visa category. The current cutoff date is May 1, 2004.

An adult unmarried child of a permanent resident is FB2B visa category. The current cutoff date is April 15, 2003.

Because you don't fall into one of the immediate relative visa categories, you must maintain your non-immigrant status in order to be eligible to adjust status when your priority date becomes current. Assuming one of your parents filed for you today, it looks like your visa will expire before your priority date is current. It looks like you'd need to find a way to extend your non-immigrant status for an additional five years. Whatever you do, don't overstay - you cannot adjust status if you overstay. If you can't extend your non-immigrant status long enough then you'll have to return to your home country, and apply for the visa at a US consulate when your priority date is current.

The cutoff date for the FB1 category is a year later, so it would seem obvious that your mother should file for you. However, if (for some reason) you decide to let your father file then you should know that you must not get married before you either get a green card (if adjusting status) or enter the US with an immigrant visa. There is a visa category for an adult married son or daughter of a US citizen, but there is no such category for an adult married son or daughter of a permanent resident.

[DJX 0]

thank you so much guys for the help =)