I-130 for over 21 year old son

[Kez/JWolf 6]

Hi George

She would need to complete a I-130 for each child, and pay 3 lots of fees.... and 6 - 8 years is the shortest time it would more likely be longer and the country the children are coming from can make it longer...

They will be in the preference category 2B....

FAMILY-SPONSORED PREFERENCES

First : Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third : Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth : Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

2B

All other - 08FEB98

China - 08JUN98

India - 08MAR92

Mexico - 08MAR92

Philippines - 01OCT96

http://travel.state.gov/visa/frvi/bulletin...letin_3258.html

If your friend becomes a Citizen she can have the petition upgraded to 1st category

Hope this helps

Kez

Edited August 10, 2007 by Niagaenola

[chivasgeo 0]

Hi George

She would need to complete a I-130 for each child, and pay 3 lots of fees.... and 6 - 8 years is the shortest time it would more likely be longer and the country the children are coming from can make it longer...

They will be in the preference category 2B....

FAMILY-SPONSORED PREFERENCES

First : Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third : Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth : Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

2B

All other - 08FEB98

China - 08JUN98

India - 08MAR92

Mexico - 08MAR92

Philippines - 01OCT96

http://travel.state.gov/visa/frvi/bulletin...letin_3258.html

If your friend becomes a Citizen she can have the petition upgraded to 1st category

Hope this helps

Kez

Kez...

Thanks for the reply. Will relay this info to Sue.

regards,

George

[Dakine 26]

From a lawyers site!

Family-based second preference – 2A

A lawful permanent resident (green card holder) may petition for his/her spouse and children under age 21. The date of filing the visa petition becomes the priority date. The petition can be approved relatively promptly or it can remain pending for many years (often the USCIS waits for the priority date to almost be current before deciding the petition). In some cases this is an advantage (see discussion of Child Status Protection Act below).

After the visa petition is approved, one cannot immigrate until a visa number becomes available. Visa numbers are distributed based upon the filing date of the visa petition. See the First Preference discussion above for further information on the visa list which can be found at http://travel.state.gov/visa/frvi/bulletin...letin_1360.html.

If the petitioner naturalizes, the petition can be upgraded to immediate relative (if the beneficiary is under age 21, which is exempt from a visa number) or the first preference category and keep the established priority date.

When an individual’s priority date is within 60 days of being current on the visa bulletin, one can then proceed to begin the process to apply for permanent resident status via “adjustment of status” if the individual is in the U.S. (and satisfies the criteria), or apply for an immigration visa at a Consul overseas.

If the child beneficiary marries, the visa petition is void and the priority date is lost, unless the parent has naturalized first.

Family-based second preference – 2B – unmarried children over 21

The only difference between this classification and a 2A is that this one is for children over age 21. If a child marries, one can only proceed under the family-based third preference and a new petition is required. The waiting time is generally longer for the 2B category than the 2A category. If a parent naturalizes, one can upgrade from the 2B category to the immediate relative (if child is under 21) or to the first preference and retain the 2B priority date.

Family-based third preference – married children of U.S. citizens

A married child of a U.S. citizen may immigrate under this classification. As with the family-based second preferences there are lengthy waiting times for a visa number.

Family-based fourth preference – siblings of American citizens

Siblings of American citizens may immigrate under this classification. A petition filed today will probably take 15 or 20 years for a priority date to become current for a visa number so the individual and family (children must be under 21 at immigration) may immigrate to the U.S. Although the visa list is only backlogged about 10 years, it moves very slowly.

Filing a visa petition will also make it much more difficult for some foreign nationals to obtain most temporary visas to the U.S. Failure to disclose the filing of a permanent visa petition or a nonimmigrant visa application (DS-156) may be viewed as making a false statement to obtain a visa and may render the individual permanently inadmissible for fraud.

Violence Against Women Act (VAWA