Jump to content
Claire B

Can I petition for my son who is on a student visa?

By Claire B in Bringing Family Members of Permanent Residents to America

 Share

18 posts in this topic

Recommended Posts

Boiler Grand Master

Boiler   45,735

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Yes you can, file an I 130, he needs to remain single until you naturalise. As you say a long wait.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Mike E Grand Master

Mike E   11,741

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted
2 hours ago, Claire B said:

Can I petition for a green card for him? I know the wait times are long. He’s 21 years old

You can file I-130 for him. Because he is over age 21, his immigration category is not eligible for I-485.

 

Once you file I-130, he would wise to stay in the U.S. until his schooling is complete.

Dashinka Grand Master

Dashinka   24,639

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

Here is the guide that may be helpful.

 

 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Claire B Rookie

Claire B   8

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted
1 hour ago, Mike E said:

You can file I-130 for him. Because he is over age 21, his immigration category is not eligible for I-485.

 

Once you file I-130, he would wise to stay in the U.S. until his schooling is complete.

Ok great. So I file I-130 which is looking like will take 5 years plus to complete. After 3 years I’m eligible for naturalisation which will take me to 4 years. How long after I’ve become a U.S. citizen will it take then? Just trying to do the math and see what works. Ideally he won’t want to wait back in the UK for a year or more. He can extend his 4 year studies by an extra year for OPT training if needed. So at this point I can just file an I-130 and just wait? Thank you for your advice 

Crazy Cat Grand Master

Crazy Cat   41,985

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
5 minutes ago, Claire B said:

Ok great. So I file I-130 which is looking like will take 5 years plus to complete. After 3 years I’m eligible for naturalisation which will take me to 4 years. How long after I’ve become a U.S. citizen will it take then? Just trying to do the math and see what works. Ideally he won’t want to wait back in the UK for a year or more. He can extend his 4 year studies by an extra year for OPT training if needed. So at this point I can just file an I-130 and just wait? Thank you for your advice 

Your naturalizing will not expedite his visa process.  You can file the I-130 now and wait. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Boiler Grand Master

Boiler   45,735

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted (edited)
21 minutes ago, Claire B said:

Ok great. So I file I-130 which is looking like will take 5 years plus to complete. After 3 years I’m eligible for naturalisation which will take me to 4 years. How long after I’ve become a U.S. citizen will it take then? Just trying to do the math and see what works. Ideally he won’t want to wait back in the UK for a year or more. He can extend his 4 year studies by an extra year for OPT training if needed. So at this point I can just file an I-130 and just wait? Thank you for your advice 

Your assumptions are wrong

 

I would be thinking nearer 2035, could be sooner

.

F2b is quicker than F1 currently but he can retain the PD if you naturalise 

 

 

 

 

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Claire B Rookie

Claire B   8

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted
1 hour ago, Boiler said:

Your assumptions are wrong

 

I would be thinking nearer 2035, could be sooner

.

F2b is quicker than F1 currently but he can retain the PD if you naturalise 

 

 

 

 

It’s a 12 year wait? Wow! I thought it was around 7 max. Oh well, I’ll file the I-30 regardless. A lot can happen during that time! 

Mike E Grand Master

Mike E   11,741

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted
1 hour ago, Claire B said:

Ok great. So I file I-130 which is looking like will take 5 years plus to complete

More like 15 years.

 

5 minutes ago, Claire B said:

Oh well, I’ll file the I-30 regardless. A lot can happen during that time! 

The Biden administration is granting parole and work authorization (think of it as DACA on steroids) to some immigration applicants from some countries. This allows applicants to wait in the U.S. for their turn in the line to get  green card. See https://www.uscis.gov/FRP

 

 I expect this is will be expanded, then paused (but not revoked) when there is a GOP president and resumed and expanded when there is a Democrat president. So by filing now, you will give your son at chance at parole into the U.S. before the 15 years. 
 

This does put extra pressure on you to keep your email address stable, get a stable mailing address, notify uscis of address changes, and stay healthy. If applicable, stop smoking, lose weight, exercise more, wear seat belts, etc.

 

Crazy Cat Grand Master

Crazy Cat   41,985

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
25 minutes ago, Claire B said:

A lot can happen during that time! 

The queue is not getting shorter.  Filing now will allow your son to apply for a green card at some point in the future....maybe from outside the US.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Boiler Grand Master

Boiler   45,735

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
49 minutes ago, Crazy Cat said:

The queue is not getting shorter.  Filing now will allow your son to apply for a green card at some point in the future....maybe from outside the US.

I have come across people who have studied in the US for many many years waiting.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Claire B Rookie

Claire B   8

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted
4 hours ago, Mike E said:

More like 15 years.

 

The Biden administration is granting parole and work authorization (think of it as DACA on steroids) to some immigration applicants from some countries. This allows applicants to wait in the U.S. for their turn in the line to get  green card. See https://www.uscis.gov/FRP

 

 I expect this is will be expanded, then paused (but not revoked) when there is a GOP president and resumed and expanded when there is a Democrat president. So by filing now, you will give your son at chance at parole into the U.S. before the 15 years. 
 

This does put extra pressure on you to keep your email address stable, get a stable mailing address, notify uscis of address changes, and stay healthy. If applicable, stop smoking, lose weight, exercise more, wear seat belts, etc.

 

Interesting. Where do you get the wait time information from? The 15 years? Just curious. 

Mike E Grand Master

Mike E   11,741

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted
3 minutes ago, Claire B said:

Interesting. Where do you get the wait time information from? The 15 years? Just curious. 

Double how many years the between today and final action date and add 3 years

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...