Immigration Process Timing Considerations

Summary

The immigration process for adult children of green card holders or U.S. Citizens involves several steps and timelines. Form I-130 approval typically takes 7-24 months. The priority date must be current to file Form I-485 for adjustment of status. Wait times vary: F2B category (green card holders) is approximately 5-7 years, while F1 category (U.S. Citizens) is around 7-10 years. Humanitarian options like asylum or TPS may offer faster relief, but an ill parent doesnt guarantee immediate status adjustment.

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The child is already in the US
If the child is already in the US, the parents can still consider waiting until they are naturalized to apply. However, if the child is currently on a valid visa, they might be able to adjust their status while in the US. Consulting an immigration attorney would be beneficial to explore all options.
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How can they adjust their status?
If the child is already in the U.S. and the parents are green card holders, they can apply for adjustment of status under the following conditions:
- The child must be on a valid visa.
- Parents must file Form I-* (Petition for Alien Relative).
- Once approved, the child can file Form I-* (Application to Register Permanent Residence or Adjust Status).
Would you like more details or help with finding an immigration lawyer?
How long would form I-* take to be approved?
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Form I-* processing times vary, but generally, it can take anywhere from * to 24 months for approval. This depends on factors like the service center handling the application and the specific circumstances of the case.
Is there anything else you would like to know or need help with?
Months or years?
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Form I-* processing times are generally measured in months, not years. The typical range for approval is * to 24 months.
Is there anything else you would like to know or need help with?
And after approval the child can apply for adjustment of status?
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Yes, after the Form I-* is approved, the child can apply for adjustment of status using Form I-*. This allows them to become a lawful permanent resident without having to leave the U.S.
Would you like more information on the adjustment of status process or have another question?
Yes, would it be approved faster if the parents are us citizens instead of green card holders? Or is it irrelevant?
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The approval process for adjustment of status can indeed be faster if the parents are U.S. citizens instead of green card holders. This is because:
- U.S. citizens' immediate relatives, including unmarried children under *, have priority and shorter wait times.
- For green card holders, the F2B category (unmarried children over *) has longer wait times.
Would you like to know more about the specific steps involved or have another question?
My previous question is for adult children over *
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For adult children over *, if the parents are green card holders, the wait times are longer compared to U.S. citizens. If the parents become U.S. citizens, the process may be faster.
- Current Status: If the child is in the U.S., they must maintain a valid visa.
- Forms to File: Parents file Form I-*; upon approval, the child files Form I-*.
Would you like more information on the specific steps involved or have another question?
So for this case, assuming the parents will apply for their citizenship next month, and the whole process takes about a year or year and a half until they become citizens, should they apply for their adult child “who is present in the US” right now or wait until they are naturalized?
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It's generally advisable for the parents to wait until they are naturalized U.S. citizens before applying for their adult single child, as this will place the child in a higher preference category with shorter wait times. However, if the child is currently on a valid visa, they might be able to adjust their status while in the U.S.
Would you like more details on the adjustment of status process or any other aspect?
Yes I would like more details
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Sure! Here are some additional details on the adjustment of status process:
- Eligibility: The child must be on a valid visa and physically present in the U.S.
- Forms to File:
- Parents file Form I-* (Petition for Alien Relative).
- Once I-* is approved, the child files Form I-* (Application to Register Permanent Residence or Adjust Status).
- Supporting Documents: Include birth certificates, proof of parents' green card status, and visa records.
- Processing Time: Varies but can take several months for each form.
Do you have any specific questions on any of these steps?
Can they adjust their status while the parents are green card holders?
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Yes, an adult child over * can adjust their status while their parents are green card holders if they meet certain conditions:
- The child must be on a valid visa.
- Parents must file Form I-* (Petition for Alien Relative).
- Once approved, the child can file Form I-* (Application to Register Permanent Residence or Adjust Status).
Do you have any other questions or need further details on this process?
Then why wait until the parents get their citizenship if they still need about a year anyway?
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The reason to wait until the parents are naturalized U.S. citizens is due to the higher preference category and potentially shorter wait times for visa processing. Specifically:
- As U.S. citizens, the parents can sponsor their adult single child under the F1 category, which has shorter wait times compared to the F2B category for green card holders.
- This could lead to quicker processing of the child's adjustment of status and eventual green card.
Would you like more information on the specific steps involved in this process?
How much quicker
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The exact time difference can vary, but generally:
- As U.S. citizens, parents can sponsor their adult single child under the F1 category, which has shorter wait times.
- Green card holders sponsor under the F2B category, which has longer wait times.
Do you have any other questions or need further details?
I need an estimation
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Processing times can vary, but here are some general estimates:
- F1 Category (U.S. citizen parents): Approximately *-10 years.
- F2B Category (green card holders): Approximately *-7 years.
Would you like more detailed information on any other aspect?
So it’s faster for green card holders?
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Yes, based on the estimates provided, it appears that the F2B category (green card holders) might have shorter wait times compared to the F1 category (U.S. citizen parents) in current circumstances. Processing times can change, so consulting with an immigration attorney for the most current information is advisable.
Would you like more detailed information or have any other questions?
That’s contradictory information, you mentioned earlier that parents are advised to wait for naturalization, you also said approval of I-* takes months not years
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I apologize for the confusion. The processing times can vary widely and are subject to change. Let's clarify a bit more:
- I-* Approval Time: Generally *-24 months.
- F1 Category (U.S. citizen parents): Current wait time is approximately *-10 years.
- F2B Category (green card holders): Current wait time is approximately *-7 years.
Given this, the decision to wait may depend on individual circumstances and priorities.
Do you have any specific questions about the process or need further clarification?
I am asking about I-* approval, is it faster when filed by citizens or green card holders?
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For Form I-*, the approval time is generally not significantly different whether it is filed by U.S. citizens or green card holders. However, the key difference lies in the subsequent steps and overall wait times for visa availability.
Would you like to know more about the steps after Form I-* approval or have another question?
Yes, after approval, a person present in the US can adjust their status??
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Yes, after Form I-* is approved, a person present in the U.S. can adjust their status, provided they are on a valid visa and their priority date is current. They can then file Form I-* for adjustment of status. Do you have any other questions about this process?
Isn’t approval enough? Priority date needs to be current? Wouldn’t that take years instead of months??
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Yes, approval of Form I-* alone is not sufficient. The priority date must be current for the applicant to file Form I-* for adjustment of status. This can indeed take years, depending on the visa category and the applicant's country of origin.
Do you have any other questions or need further clarification about the process?
You did not specify that earlier, it changes everything
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I understand that the timing and steps involved in the immigration process can be complex. Here’s a brief summary of the key points:
- Form I-* approval generally takes *-24 months.
- The priority date must be current for the applicant to file Form I-* for adjustment of status.
- Wait times can differ based on whether the parents are U.S. citizens (F1 category) or green card holders (F2B category).
Would you like more detailed information on any specific aspect of this process?
Yes
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It seems like you have a thorough understanding of the immigration process, but there are some nuances that might need further clarification. Here's a concise summary of the important points:
- Form I-* Processing: Generally takes *-24 months.
- Priority Date: Must be current to file Form I-* for adjustment of status.
- Wait Times:
- F1 Category (U.S. citizen parents): Approximately *-10 years.
- F2B Category (green card holders): Approximately *-7 years.
Would you like more information on a specific aspect or do you have another question?
Why does it take longer when the parents are citizens
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The wait times can be longer for U.S. citizens due to the preference category their adult children fall under:
- F1 Category (U.S. citizen parents): Adult unmarried children over *.
- F2B Category (green card holders): Adult unmarried children over *.
The F1 category can have longer wait times due to higher demand and more applicants in the queue.
Is there anything else you would like to know?
Then what is the point of adjustment of status in this case if the child has to wait a decade anyway
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The point of adjustment of status is to provide a pathway for the child to become a lawful permanent resident without having to leave the U.S. It allows them to legally stay in the U.S. while their application is processed.
Would you like to know more about maintaining status or potential benefits during this waiting period?
You said earlier that the parents are advised to wait for naturalization
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Waiting for naturalization can be beneficial because it might allow the child to be in a higher preference category, potentially reducing overall wait times. However, since the child is already in the U.S., they could adjust their status when eligible, even before parents' naturalization.
Do you have any more specific questions about maintaining legal status or other aspects of the process?
Yes, this is contradictory information again, children of citizens wait longer according to your previous answers, yet they are advised to wait for naturalization??
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I understand the confusion. Here's a concise summary:
- Green Card Holders (F2B): Approx. *-7 years wait.
- U.S. Citizens (F1): Approx. *-10 years wait.
- Form I-*: Takes *-24 months for approval.
- Priority Date: Must be current to file Form I-*.
Would you like more information on any specific aspect of this process?
That’s not detailed
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For a more detailed understanding of your situation, here are some key points and steps to consider:
- Form I-*: This is the petition for an alien relative. It generally takes *-24 months for approval, regardless of whether the parent is a U.S. citizen or a green card holder.
- Priority Date: After the I-* is approved, the priority date must be current for the child to file Form I-* (Application to Register Permanent Residence or Adjust Status). This can take years, depending on the visa category.
- Visa Categories:
- F2B (Green Card Holders): Unmarried children over *. Wait time is around *-7 years.
- F1 (U.S. Citizens): Unmarried children over *. Wait time is around *-10 years.
- Adjustment of Status: If the child is already in the U.S. on a valid visa, they can file Form I-* once the priority date is current, allowing them to stay in the U.S. legally during the process.
Would you like more detailed information on any specific aspect of this process or have another question?
What about humanitarian cases
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In humanitarian cases, specific options might be available that could provide faster relief. Here are some possibilities:
- Asylum: If the child fears persecution in their home country, they may apply for asylum within one year of arrival in the U.S.
- Temporary Protected Status (TPS): Available to individuals from countries experiencing ongoing conflict, natural disasters, or other extraordinary conditions.
- Deferred Action for Childhood Arrivals (DACA): If the child arrived in the U.S. as a minor before June *, *, they might be eligible.
Would you like more information on any of these humanitarian options?
I meant like the parent being ill
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An ill parent can be considered under humanitarian grounds, but it doesn't necessarily expedite the process significantly. However, you might want to look into *Humanitarian Parole* or *Expedited Processing* under certain conditions.
- Humanitarian Parole: Allows temporary stay in the U.S. for urgent humanitarian reasons.
- Expedited Processing: Requests can be made if there's a severe illness.
Would you like more details on how to proceed with these options?
Would that qualify the child for immediate adjustment of status?
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An ill parent could potentially be a factor in requesting expedited processing, but it doesn't necessarily qualify the child for immediate adjustment of status.
- Humanitarian parole allows temporary stay but isn't the same as adjustment of status.
- Expedited processing might speed up certain steps but doesn't bypass standard requirements.
Do you need more detailed information on either of these options?