HELP : Permanent Resident Holder Filing for Unmarried son 25 years

[Hemal M 0]

Hello all,

 

I needed some advice on the process regarding Green card parent filing of Unmarried son (25 years) who is already in US on student visa. Do you know if that will go under category F2A or F2B and how long will it take for the son to get Green card. ?

 

I would greatly appreciate your kind response. 

 

Thank you.

[aleful 1,905]

he is F2B because he is over 21

 

the category has over 6 years of waiting, he would have to be legal all that time to adjust status in the US

 

so it will depend when you filed for them and how many years has he been studying and how much longer does he have

 

 

[f f 725]

f2b at least 6.5 years would guess 8 or 9 since more people apply each year than there are visas.

 

he must also remain unmarried the entire time or else your petition for him is no longer valid.

 

good luck

[NancyNguyen 1,658]

He has to stay in F1 status for another 6 - 7 years to be able to adjust status here in the States. Do you think if he could do that?

[Hemal M 0]

Thank you so much everyone for kind replies. Does it make difference if he is already stayin on F1 in US when the petition is filed ? Not sure if that can expedite process.

 

Also will he qualify for Child Protection Act if he is unmarried and the filing is done at 25 years age by the Legal resident Parent ?

 

 

[Unlockable 7,315]

There is no expediting the process. He is an adult and immigration will see him as not an urgent requirement for a green card. That is why when children age over 21 they fall into a lower category. The wait is 7 years (and growing). As said he will have to remain in legal status the full time he is in the US. Meaning if he loses his F1 it will make things very difficult for him to get a green card.

 

As for CSPA (child protection act),  have you already filed for the son? If so, was it before he turned 21?

 

 

[geowrian 22,338]

13 minutes ago, Hemal M said:

Thank you so much everyone for kind replies. Does it make difference if he is already stayin on F1 in US when the petition is filed ? Not sure if that can expedite process.

 

Also will he qualify for Child Protection Act if he is unmarried and the filing is done at 25 years age by the Legal resident Parent ?

No, his existing status doesn't make a difference in the process (Edit: Assuming he maintains legal status). I don't see any qualifying cause for expedite here, sorry.

 

No, that should not matter as he was not a child at the time of filing.

Edited February 23, 2017 by geowrian

[Hemal M 0]

Hello,

I would like to find out if green card holder parents file for unmarried son ( residing in usa on student visa ) at age around 25, how long will the process take for him. ??

What is the rule for CPSA act and if he can be eligible for that. ? 

 

I would greatly appreciate your kind reply.

 

Thank you.

[NigeriaorBust 4,087]

  It takes about 10 years in the current rules to get a visa .  CPSA doesn't apply because you are already over 21

[Boiler 46,123]

I think 10 years may be optimistic but agree.

[Lain 64]

1 hour ago, Hemal M said:

Hello,

I would like to find out if green card holder parents file for unmarried son ( residing in usa on student visa ) at age around 25, how long will the process take for him. ??

What is the rule for CPSA act and if he can be eligible for that. ? 

 

I would greatly appreciate your kind reply.

 

Thank you.

Currently it takes 7 years.

[Tracy-->NY 40]

Currently it takes about 7 to 8 years.  He also has to remain unmarried once parent is LPR if he marries his petition is voided. Should he marry after parent becomes citizen this will add a few years to his petition.  Should he marry a LPR or US citizen they can file a separate petition for him and the wait time to interview would be less depending on how long ago his parent petitioned for him, if this happens I would advise not to cancel parent's petition until after visa is approved.

Edited August 21, 2017 by Tracy-->NY

[aleful 1,905]

16 minutes ago, Tracy-->NY said:

Currently it takes about 7 to 8 years.  He also has to remain unmarried once parent is LPR if he marries his petition is voided. Should he marry after parent becomes citizen this will add a few years to his petition.  Should he marry a LPR or US citizen they can file a separate petition for him and the wait time to interview would be less depending on how long ago his parent petitioned for him, if this happens I would advise not to cancel parent's petition until after visa is approved.

 

residents can't file for married children, so if he married, the petition from parents will be voided and the spouse will have to file for him

 

he must remain unmarried until he gets the GC for parents petition

 

[aleful 1,905]

On ‎8‎/‎19‎/‎2017 at 0:48 AM, Hemal M said:

Hello,

I would like to find out if green card holder parents file for unmarried son ( residing in usa on student visa ) at age around 25, how long will the process take for him. ??

What is the rule for CPSA act and if he can be eligible for that. ? 

 

I would greatly appreciate your kind reply.

 

Thank you.

 

unless he will study in the US for 8 more years, he won't be able to adjust status in the US. once he ends his studying, he will have to return to his country and wait for consular processing

 

[Hemal M 0]

Hello friends,

 

I would like to know the processing time if any parents who received their LPR (Green Card) and would like to file for unmarried son age 25 years who is residing in USA on student visa.. ?

Can you provide any information on that,>? Also is there a possibility for getting him approved under Child Status Protection Act when they file for him, if he is back in his country after his studies,.? 

 

 

Kindly reply if you have any idea regarding this.

 

Thank you so much.