What should we expect?

[Grummy 1]

Hey Everyone

I hope that someone can give me some clarity on my situation. I met my husband online and a few years later (2007) we got married. He was able to sponsor my youngest son into America with me and a year later we were given clearance to join him.

My youngest son and I were given conditional green cards, valid for 2 years. We have since been issued with normal 10 year green cards and are Permanent Residents without any green card conditions.

Upon receipt of my initial (conditional) green card, I petitioned for my eldest son to join us and am in receipt of an I-797 (Notice of Action) which is dated March 2009. My son is also in receipt of notification that this petition has been received and approved.

Notice type for my eldest son is: Unmarried child 21/older of Permanent Resident. He is based in South Africa.

What i would like to know is how much longer can we expect to wait for something else to 'happen' with his application? I have tried calling, but the automated system only tells me what I already know and I can't seem to get thro to a person (

Thank you!

[belinda63 3,038]

You need to become best friends with the visa bulletin. Your son of an LPR, over 21, unmarried falls into the F2B category. They are currently processing applications with a Priority Date (PD) of July 2003 so he still has about a six year wait until a visa number becomes available. When his PD is about to come current you will be contacted as to the steps to continue the processing of the petition, as of right now it is sitting in storage somewhere.

Note that if you become a citizen while the petition is pending you can upgrade it to the F1 category which will cut about one year off the wait time.

If he married prior to obtaining the visa and entering the US your petition will not be processed as an LPR cannot file for a married adult child. If he married after the petition is upgraded based upon you becoming a citizen he will move to the F3 category which will add about 2 years to the wait.

[Grummy 1]

You need to become best friends with the visa bulletin. Your son of an LPR, over 21, unmarried falls into the F2B category. They are currently processing applications with a Priority Date (PD) of July 2003 so he still has about a six year wait until a visa number becomes available. When his PD is about to come current you will be contacted as to the steps to continue the processing of the petition, as of right now it is sitting in storage somewhere.

Note that if you become a citizen while the petition is pending you can upgrade it to the F1 category which will cut about one year off the wait time.

If he married prior to obtaining the visa and entering the US your petition will not be processed as an LPR cannot file for a married adult child. If he married after the petition is upgraded based upon you becoming a citizen he will move to the F3 category which will add about 2 years to the wait.

I thank you sincerely for the information, but must be honest and say it was so depressing I wish I never found out! I feel like crying. This immigration thing for me and mine has been .... an experience.

[Grummy 1]

Hi again. Well, based on above info, I have decided to become a citizen sooner rather than later (had originally intended going with my younger son when he became eligible in 2 years' time) and have also decided to consult with an immigration lawyer to see if this matter can be expedited. If anything interesting comes out of the mix, will share with y'all as know how long the process can feel at times.

[JimVaPhuong 4,863]

Hi again. Well, based on above info, I have decided to become a citizen sooner rather than later (had originally intended going with my younger son when he became eligible in 2 years' time) and have also decided to consult with an immigration lawyer to see if this matter can be expedited. If anything interesting comes out of the mix, will share with y'all as know how long the process can feel at times.

Save your money. An immigration attorney can't change the visa bulletin. There are tens of thousands of others waiting in the same line for a family preference visa, and there are no provisions in the law for them to make an exception. The only way he'll get a visa more quickly is if he is eligible for a different type of visa. If you do decide to hire a lawyer then you should be extremely cautious - many immigration lawyers will promise you the moon and stars even though they know they can't deliver. After filing (or saying that they filed) a lot of different applications with USCIS and/or Department of State, and after having squeezed you for thousands of dollars, they'll shrug and say "Well, we did everything we could", when in fact there wasn't ever anything they could have done, and they knew it.

Becoming a US citizen will shave about a year off the waiting time.

[Grummy 1]

Save your money. An immigration attorney can't change the visa bulletin. There are tens of thousands of others waiting in the same line for a family preference visa, and there are no provisions in the law for them to make an exception. The only way he'll get a visa more quickly is if he is eligible for a different type of visa. If you do decide to hire a lawyer then you should be extremely cautious - many immigration lawyers will promise you the moon and stars even though they know they can't deliver. After filing (or saying that they filed) a lot of different applications with USCIS and/or Department of State, and after having squeezed you for thousands of dollars, they'll shrug and say "Well, we did everything we could", when in fact there wasn't ever anything they could have done, and they knew it.

Becoming a US citizen will shave about a year off the waiting time.

Hi and thanks for the info. I understand things take as long as they take, but have a few aspects I'd like to clarify - like you said, there may be another type of visa for his situation. As you have seen, I have a lot to learn about this process.

[Anh map 2,098]

Hi and thanks for the info. I understand things take as long as they take, but have a few aspects I'd like to clarify - like you said, there may be another type of visa for his situation. As you have seen, I have a lot to learn about this process.

Other types of visas would likely be student, fiance, or spouse. The latter two would require a USC to petition for him as their fiance or spouse.

Go to the State.gov or USCIS.gov website to learn about the types of visas and their requirements.

[Grummy 1]

Other types of visas would likely be student, fiance, or spouse. The latter two would require a USC to petition for him as their fiance or spouse.

Go to the State.gov or USCIS.gov website to learn about the types of visas and their requirements.

Thanks for all the info. I am wondering, if someone is well qualified in their field, does that have any bearing on their applications?

[aleful 1,905]

Thanks for all the info. I am wondering, if someone is well qualified in their field, does that have any bearing on their\ applications?

not with family petitions, maybe with some work visas. but with family petitions no, it's not based on education, but on the relationship between petitioner and benificiary.

[Grummy 1]

not with family petitions, maybe with some work visas. but with family petitions no, it's not based on education, but on the relationship between petitioner and benificiary.

Thank you.