Step child over 21

[canadianRN87 0]

Hey everyone,

Some insight would be greatly appreciated!

I am currently 25 years old and in the USA on a TN Visa for an RN position. My father is a legal permanent resident, and is married to my step mother who is a US citizen. They got married when I was 15. I am wondering what my options were for having my family sponsor me for permanent residency status, and if it is possible to do while I am in the USA? My TN's expire in early 2014 - and I plan to renew, but I am not familiar with the wait times or anything on processing. I have done a lot of research online with regards to filing the I-130 and I-485 - but still grossly confused.

I am also a Canadian citizen if that makes a difference.

Like I said, any insight would be greatly appreciated! Thanks!

[Gary and Alla 3,694]

Hey everyone,

Some insight would be greatly appreciated!

I am currently 25 years old and in the USA on a TN Visa for an RN position. My father is a legal permanent resident, and is married to my step mother who is a US citizen. They got married when I was 15. I am wondering what my options were for having my family sponsor me for permanent residency status, and if it is possible to do while I am in the USA? My TN's expire in early 2014 - and I plan to renew, but I am not familiar with the wait times or anything on processing. I have done a lot of research online with regards to filing the I-130 and I-485 - but still grossly confused.

I am also a Canadian citizen if that makes a difference.

Like I said, any insight would be greatly appreciated! Thanks!

Because you are over 21 you will not qualify for a priority. Your father can petition you as an LPR or wait until he is a citizen, but in either case you will have to wait for a visa number to be alloted to you. I do not know what the current wait time is for that. Varies by visa type and country.

If under 21 you would qualify fr an immediate visa nmber once your petition and application were approved.

[Delta5 9]

Hey everyone,

Some insight would be greatly appreciated!

I am currently 25 years old and in the USA on a TN Visa for an RN position. My father is a legal permanent resident, and is married to my step mother who is a US citizen. They got married when I was 15. I am wondering what my options were for having my family sponsor me for permanent residency status, and if it is possible to do while I am in the USA? My TN's expire in early 2014 - and I plan to renew, but I am not familiar with the wait times or anything on processing. I have done a lot of research online with regards to filing the I-130 and I-485 - but still grossly confused.

I am also a Canadian citizen if that makes a difference.

Like I said, any insight would be greatly appreciated! Thanks!

Yes, your father can sponsor you on an I-130 petition under the F2b category or wait until he becomes a USC .... and yes, even while you are here working under the TN status. However, you will not be able to AOS into LPR status immediately due to the fact that in order to AOS to a LPR your PD must be current (an immediate visa is available). All family based preference category petition has a waiting time. For F2b its an 8 years waiting time. Visa processing on this is Feb. 22, 2004 at the moment. For F1 family base category (unmarried sons and daughter of a USC ) its a 7 years waiting time at the moment. Processing on this category on the VB is May 01, 2005.

Now, there's another shorter way (at least a year shorter wait than the family based category) of getting a green card in your case as a professional nurse ..... and that's will be to have an employer/sponsor to petition you on an Eb3 visa preference, which is an employment based immigrant category of which entitle you to a green card once visa is issued. The wait time or processing time for this right now is 6 years w/ a VB of May 01, 2006. However, I have to warn you that under your present TN status it might be very tricky and complicated. I usually do not recommend using a lawyer but if you will try this route, then you will need one (a good, very competent w/ probably a good knowledge of the TN status) on this process .... if you ever decide to take this path. Eb3 for RN is fairly normal process but in your case on a TN status makes it a complex one, since a TN is not a dual intent status.

Edited May 6, 2012 by Delta5

[canadianRN87 0]

Yes, your father can sponsor you on an I-130 petition under the F2b category or wait until he becomes a USC .... and yes, even while you are here working under the TN status. However, you will not be able to AOS into LPR status immediately due to the fact that in order to AOS to a LPR your PD must be current (an immediate visa is available). All family based preference category petition has a waiting time. For F2b its an 8 years waiting time. Visa processing on this is Feb. 22, 2004 at the moment. For F1 family base category (unmarried sons and daughter of a USC ) its a 7 years waiting time at the moment. Processing on this category on the VB is May 01, 2005.

Now, there's another shorter way (at least a year shorter wait than the family based category) of getting a green card in your case as a professional nurse ..... and that's will be to have an employer/sponsor to petition you on an Eb3 visa preference, which is an employment based immigrant category of which entitle you to a green card once visa is issued. The wait time or processing time for this right now is 6 years w/ a VB of May 01, 2006. However, I have to warn you that under your present TN status it might be very tricky and complicated. I usually do not recommend using a lawyer but if you will try this route, then you will need one (a good, very competent w/ probably a good knowledge of the TN status) on this process .... if you ever decide to take this path. Eb3 for RN is fairly normal process but in your case on a TN status makes it a complex one, since a TN is not a dual intent status.

Thanks for the info. I was wondering if my stepmother petitioned for me as a US citizen would this not fall under the first preference category? They were married before I turned 18 which I saw on UCSIS as a determining factor for a step parent to petition for a step child. Also, where does the 6 year timeframe come from? I am probably not looking at the right places but heard first preference usually takes 1-2 years if everything is filed in a timely manner.

[NigeriaorBust 4,087]

The problem is your current age. If you were a child it is quicker but as an adult you fall into a different class. Because your parent married before you were 18 helps in that you have a USC step parent but your age means it doens't really help. When you look at the visa bulletin at travel.state.gov pay attention to the age cut off for the various catagories.

[Gary and Alla 3,694]

Thanks for the info. I was wondering if my stepmother petitioned for me as a US citizen would this not fall under the first preference category? They were married before I turned 18 which I saw on UCSIS as a determining factor for a step parent to petition for a step child. Also, where does the 6 year timeframe come from? I am probably not looking at the right places but heard first preference usually takes 1-2 years if everything is filed in a timely manner.

There is no basis for your step mother to petition you with a preference once you turn 21. She COULD have before you turned 21. The best would have been to petition you at age 15 and you could have been a dual citizen before age 18, or shortly thereafter.

Married before turning age 18 is ONE of the factors. The other is that the visa must be issued and US entry made using that visa prior to age 21.

The first preference takes -0- years, it is an immediate visa number. It is about 1 year (perhaps a bit less) to process the petition. Once processed the visa is issued immediatley and you come to the US as an LPR. In your case it will take the same amount of time to process the petition and THEN you wait for the visa number. Depending on visa type and country, 6-10 years is not uncommon.

Even if you father becomes a citizen (he should be able to) he would have no preference because of your age.

Edited May 6, 2012 by Gary and Alla

[VanessaTony 3,567]

Thanks for the info. I was wondering if my stepmother petitioned for me as a US citizen would this not fall under the first preference category? They were married before I turned 18 which I saw on UCSIS as a determining factor for a step parent to petition for a step child. Also, where does the 6 year timeframe come from? I am probably not looking at the right places but heard first preference usually takes 1-2 years if everything is filed in a timely manner.

As others have said, you are over 18 so while yes your step-mother CAN petition for you the wait time is still pretty long because of your age (under 21 is different)

Here is the visa bulletin: http://www.travel.state.gov/visa/bulletin/bulletin_5692.html

Assuming you were F1 (first preference) they're processing 2005... so you're looking at 7 years at least.

[canadianRN87 0]

As others have said, you are over 18 so while yes your step-mother CAN petition for you the wait time is still pretty long because of your age (under 21 is different)

Here is the visa bulletin: http://www.travel.state.gov/visa/bulletin/bulletin_5692.html

Assuming you were F1 (first preference) they're processing 2005... so you're looking at 7 years at least.

Yikes - definitely didn't realize that. Looking back on everything I wish we would have done this entire process years ago but it was never my intention to relocate to the USA. Does anyone know if my step mom petitions me with the I-130 if that would have any bearing on my TN status? My TN expires in 2014 and I would just plan to renew for another 3 years - just worried about the fact that it is not a dual intent status and if they saw an application for a petition for me in their system it could compromise my status.

To make matters worse my partner is a US Citizen (same sex relationship) but I know that only male/female couples that marry are eligible for bringing their spouse into the country - so getting married wouldn't do me any good, lol.

[Boiler 45,764]

It should not.