E36 Alien who is a skilled worker. Sec. 203(b)(3)(- ((Adjusted status)))(i) of the INA – ((Adjusted status))

[uscis1 1]

Someone I know has E36 Alien who is a skilled worker. Sec. 203(b)(3)(- ((Adjusted status)))(i) of the INA ((Adjusted status)) he would like to know if he can petition for his kids (whom are over the age of 21) and spouse.

[teeak 224]

I'm assuming he now holds a 10-year GC? He can petition for his spouse and will need to wait approximately 2 years for a visa to become available. If the children are married, he needs to wait until he becomes a USC. If they're not married and over 21, then it's about 7/8 year wait if he petitions for them now.

Edited June 21, 2016 by teeak

[newacct 688]

Your question is very unclear. Is he in the middle of Adjustment of Status? Or has his Adjustment of Status been approved and he is a permanent resident? If the latter, did he marry his spouse before he became a permanent resident, and were his children born before he became a permanent resident?

[aaron2020 11,651]

What is his current status? Does he have a green card?

[uscis1 1]

He has a green card with category of E36 E36 Alien who is a skilled worker. Sec. 203(b)(3)(- ((Adjusted status)))(i) of the INA ((Adjusted status))which expires in 2025. The marriage took place long before. He has 6 kids all are now over the age of 21. 2 of them are already married.

[aaron2020 11,651]

He has a green card with category of E36 E36 Alien who is a skilled worker. Sec. 203(b)(3)(- ((Adjusted status)))(i) of the INA ((Adjusted status))which expires in 2025. The marriage took place long before. He has 6 kids all are now over the age of 21. 2 of them are already married.

1. He will need to file an I-130 for wife. It takes about 2 years to get a visa. His unmarried children under age 21 are included. However, they will age out when they turn 21.

2. He will need to file I-130 separately for his unmarried children over age 21.

(I would recommend filing separate I-130s for kids age 19-21 too in case they age out during the wait.)

3. He can not file for his married children. Only US citizens can filed for a married child.

How old are his kids?

[newacct 688]

He should not file I-130 for his wife. Since the marriage occurred before he became a permanent resident, she can immigrate as his derivative beneficiary, on his existing employment-based category. The advantage of that is there is no wait because she will use the existing priority date of his existing petition that he immigrated on, and a visa number is almost certainly immediately available for that priority date in his category, because he already got his permanent residency, so it must have been available in the past, and so unless it has retrogressed a lot, it will be available now. She would not have to wait the 1.5 years for a visa to become available in the F2A category, and won't need an Affidavit of Support, etc. Since he adjusted status, and she will do Consular Processing, he should file I-824 to initiate the "follow to join" process.

The married children cannot be derivatives. The unmarried children may have aged out of being derivatives. They usually have to be under 21 to be a derivative, but under CSPA, the amount of time the petition was pending can be subtracted from the age, so if they are just over 21, they may still qualify to be derivatives for a limited time depending on how long the petition took to approve. If the unmarried children cannot be derivatives, he will have to petition them, and they will be in the F2B category.

[aaron2020 11,651]

He should not file I-130 for his wife. Since the marriage occurred before he became a permanent resident, she can immigrate as his derivative beneficiary, on his existing employment-based category. The advantage of that is there is no wait because she will use the existing priority date of his existing petition that he immigrated on, and a visa number is almost certainly immediately available for that priority date in his category, because he already got his permanent residency, so it must have been available in the past, and so unless it has retrogressed a lot, it will be available now. She would not have to wait the 1.5 years for a visa to become available in the F2A category, and won't need an Affidavit of Support, etc. Since he adjusted status, and she will do Consular Processing, he should file I-824 to initiate the "follow to join" process.

The married children cannot be derivatives. The unmarried children may have aged out of being derivatives. They usually have to be under 21 to be a derivative, but under CSPA, the amount of time the petition was pending can be subtracted from the age, so if they are just over 21, they may still qualify to be derivatives for a limited time depending on how long the petition took to approve. If the unmarried children cannot be derivatives, he will have to petition them, and they will be in the F2B category.

The case for him is over. He already has his 10 years green card that will expire in 2025. He can not ask for a derivative beneficiary on a case that is already over. He must file an I-130 for his wife if he wants her in the US.

[newacct 688]

The case for him is over. He already has his 10 years green card that will expire in 2025. He can not ask for a derivative beneficiary on a case that is already over. He must file an I-130 for his wife if he wants her in the US.

No. There is no time limit to follow to join on an immigrant petition, as long as the principal beneficiary remains a permanent resident, and a visa number is still available for the priority date and category of the petition the principal immigrated on.