What is the process to bring family to USA?

[m-coon]

Hi All,

Does anybody know the process involved to obtain a visa for a (older - over 21) son to enter the USA to live and work?

I have heard such a process could take up to 10 to 15 years - Is this really true?

Thanks,

Scott

[Guest Gene]

She will have to file AOS after she gets her and get her Green Card. Then again I am not sure if a conditional Green Card can file to petition someone here, Maybe need 10 year Card.

[skibum]

We were told that my wife would have to be a USC before her parents could apply for an immigrant visa.

[Guest ShaQuaNew]

In August, 2002, the "Child Protection Act" was signed into law by President Bush. What the act does is remove the "age out" limitation, so if the AOS application is accepted prior to the child's 21st birthday, the child can still AOS even after they turn 21. Before this, the newsgroup experienced a handful of cases where extreme measures had to be taken by a family to get the child's case adjudicated before the child turned 21.

 

The only distinction in eligibility between a child in this category and a child of an "immediate relative of a U.S. citizen" is that the child in this category is over 21 years old. That means to qualify as a "child" in this category, the person must be the son or daughter of a U.S. citizen, who is unmarried and over the age of 21. An adopted child qualifies as long as the adoption was finalized before the child's 16th birthday, the adoptive parents have legal custody of the child for two years (before or after the adoption), and the child resides with the adoptive parents for two years (before or after the adoption). A stepchild qualifies as long as the marriage had occurred before the stepchild's 18th birthday.

 

Immediate family members of the married alien child may also apply for a green card with the child. The annual visa allotment available for this preference is 23,400, plus any visas not used by the fourth preference. Please see "Visa Bulletin" for the latest information on usage of the visa quota.

 

There are two scenarios for unmarried children of U.S. citizens to apply for immigration petition:

 

1. The first scenario is that the child is already in the United States in a nonimmigrant status. In this case, the U.S. citizen may only file an immigration petition (I-130) for the alien child. The child has to wait for the immigrant visa number to become current before he or she may apply to adjust to permanent resident (I-485). During this waiting period, the child needs to independently maintain a valid nonimmigrant status.

 

2. The second scenario is that the child is outside the United States. In this case, the U.S. citizen needs to file an immigration petition and request that the U.S. Citizenship & Immigration Services (formerly Immigration & Naturalization Service) notify a U.S. Consulate in the country where the child lives. Once the immigration petition is approved and an immigrant visa is available, the National Visa Center of the U.S. State Department sends a forms and information package, "Packet 3", to the U.S. citizen. After the necessary forms are completed, the child goes to the U.S. Consulate overseas to apply for an immigrant visa. On the day that the child enters the United States on an immigrant visa, he or she becomes a U.S. permanent resident.

Edited September 14, 2005 by fitnlivly (see edit history)

[m-coon]

In August, 2002, the "Child Protection Act" was signed into law by President Bush. What the act does is remove the "age out" limitation, so if the AOS application is accepted prior to the child's 21st birthday, the child can still AOS even after they turn 21. Before this, the newsgroup experienced a handful of cases where extreme measures had to be taken by a family to get the child's case adjudicated before the child turned 21.

 

The only distinction in eligibility between a child in this category and a child of an "immediate relative of a U.S. citizen" is that the child in this category is over 21 years old. That means to qualify as a "child" in this category, the person must be the son or daughter of a U.S. citizen, who is unmarried and over the age of 21. An adopted child qualifies as long as the adoption was finalized before the child's 16th birthday, the adoptive parents have legal custody of the child for two years (before or after the adoption), and the child resides with the adoptive parents for two years (before or after the adoption). A stepchild qualifies as long as the marriage had occurred before the stepchild's 18th birthday.

 

Immediate family members of the married alien child may also apply for a green card with the child. The annual visa allotment available for this preference is 23,400, plus any visas not used by the fourth preference. Please see "Visa Bulletin" for the latest information on usage of the visa quota.

 

There are two scenarios for unmarried children of U.S. citizens to apply for immigration petition:

 

1. The first scenario is that the child is already in the United States in a nonimmigrant status. In this case, the U.S. citizen may only file an immigration petition (I-130) for the alien child. The child has to wait for the immigrant visa number to become current before he or she may apply to adjust to permanent resident (I-485). During this waiting period, the child needs to independently maintain a valid nonimmigrant status.

 

2. The second scenario is that the child is outside the United States. In this case, the U.S. citizen needs to file an immigration petition and request that the U.S. Citizenship & Immigration Services (formerly Immigration & Naturalization Service) notify a U.S. Consulate in the country where the child lives. Once the immigration petition is approved and an immigrant visa is available, the National Visa Center of the U.S. State Department sends a forms and information package, "Packet 3", to the U.S. citizen. After the necessary forms are completed, the child goes to the U.S. Consulate overseas to apply for an immigrant visa. On the day that the child enters the United States on an immigrant visa, he or she becomes a U.S. permanent resident.

154077[/snapback]

Thanks - But we do not qualify for this, as the son was well over 21 before we applied!!! He is now 22 and she will be here after the first of the year.

I would LOVE to know what the process is now to get him here on a visa to live and to work - the rest of his life??? I don't even know what kind of visa we would apply for - for him........

Thanks,

Scott

[Guest ShaQuaNew]

Go here....read.....

 

http://uscis.gov/graphics/howdoi/child.htm#_Definition_of_a

[m-coon]

Does anybody have a "ball park" figure as to how long it normally takes before a visa number comes available after the I-130 has been filed?

Thannks,

Scott

[tonado]

My wife's grandma who is a permanent resident petitioned for her unmarried son. He will be arriving this month. It took him about 10 years to get the visa.

 

----------------------------------------------------

A lawful permanent resident may petition for:

 

* An unmarried son or daughter ( 21 years of age and older)