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

[Claire B 8]

Hi,

my son is currently studying for 4 years in the US on a F1 student visa. I have just received my green card. Can I petition for a green card for him? I know the wait times are long. He’s 21 years old. Just wanted to know what the procedure would be. 

[Boiler 45,411]

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

[Mike E 11,739]

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 24,448]

Here is the guide that may be helpful.

 

 

[Claire B 8]

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 41,723]

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. 

[Boiler 45,411]

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 August 9, 2023 by Boiler

[Claire B 8]

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 11,739]

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 41,723]

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.

[Boiler 45,411]

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.

[manyfudge 285]

10 hours ago, Claire B said:

currently studying for 4 years in the US on a F1 student visa. I have just received my green card. Can I petition for

He could marry an American!

[Claire B 8]

25 minutes ago, manyfudge said:

He could marry an American!

Haha. It did cross my mind! 

[Claire B 8]

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 11,739]

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