Family based petition

[twhynes 1]

Good day quick question if someones mother who is a u.s citizen was petitioning for them and they didnt follow up on there petition for the past 20 years and now want to continue it does there petition get cancelled or can they continue where they left off and also how long does it take for the whole process 

[Coco8 1,042]

Probably the petition expired by now. Did it reach the consulate stage?

 

From what I know, people get emails every year and you have to respond; your petition is dead if you don't.

 

20 years is way too long! But they should find out when was their priority date because some priority dates can be years after they started. I don't know if the petition was approved 20 years ago or the petition was presented 20 years. Either way, probably dead, but it is better to find out at USCIS if they have a number.

 

 

 

 

[Cathi 5,757]

If they didn't follow up and it was cancelled you must start from the beginning again. There is no starting where you left off.

[twhynes 1]

Oh no 😩😩 the last thing that was seen was that your petition was approved in 2000 but never followed up with it .. does anyone know how long it will take if the mom refiles the son is in late 40s and can they also file for the i485 the sams time?? Thank u in advance 

[geowrian 22,337]

6 minutes ago, twhynes said:

Oh no 😩😩 the last thing that was seen was that your petition was approved in 2000 but never followed up with it .. does anyone know how long it will take if the mom refiles the son is in late 40s and can they also file for the i485 the sams time?? Thank u in advance 

Is he married? If not, the wait is about 7-8 years. Maybe a little longer. If he's married or gets married during this period, it's about 13 years or so (hard to predict what will happen so this could be off by a couple years). He cannot file the I-485 unless he is legally within the US at the time an immigrant visa number becomes available (when the Priority Date becomes current), which is at the end of the 8/13 year wait.

Edited August 2, 2017 by geowrian

[twhynes 1]

Wow nope he not married they was working with a lawyer but the lawyer died about 3 years so everything i guess was still going too lawyer ... he entered the u.s legally ... but wow 8 years wait  will the new immigration law affect it

[geowrian 22,337]

Just now, twhynes said:

Wow nope he not married they was working with a lawyer but the lawyer died about 3 years so everything i guess was still going too lawyer ... he entered the u.s legally ... but wow 8 years wait  will the new immigration law affect it

Yeah, it's a long wait. There's only a limited number of visas available each year, so they break them into preferences. A spouse or minor child is determined to have a greater need than an adult son/daughter or brother/sister.

 

No new immigration law here...it's been this way for decades(?).

[twhynes 1]

And also sorry for all the questions if a u.s citizen who is getting help from the government can they petition for there parents 

[geowrian 22,337]

Just now, twhynes said:

And also sorry for all the questions if a u.s citizen who is getting help from the government can they petition for there parents 

No problem.

 

Sure can. They will likely need a joint sponsor for the I-864 (Affidavit of Support), but they can petition fine.

[twhynes 1]

Ok and how long can it take if your daughter petition for you

[twhynes 1]

And also if the child petition can the father also apply for the i485 the same time

[geowrian 22,337]

2 minutes ago, twhynes said:

Ok and how long can it take if your daughter petition for you

USC child petitioning for a parent (the child still needs to be at least 21)? That falls into the immediate relative category, which has no wait for the immigrant visa number.  It's just USCIS and NVC + embassy processing times. Expect roughly a year. Maybe a little longer.

 

1 minute ago, twhynes said:

And also if the child petition can the father also apply for the i485 the same time

Yes they can if the father is already inside the US (they cannot come to the US with the intent to stay). it's roughly the same processing time overall, but they can remain in the US while waiting.

Edited August 2, 2017 by geowrian

[twhynes 1]

Yes father is in the u.s

[Unlockable 7,314]

7 hours ago, twhynes said:

Yes father is in the u.s

Entered legally also?

 

That is important as well.

[twhynes 1]

Yea entered legally