I-130 petition for child by LPR

[dalecc 0]

My girlfriend obtained her permanent green card through her mom's nacara application.

Her child didn't obtain it because nacara only qualified her.

I wanted to know if she should apply for him (9 years old, he came to the U.S. when he was 9 months old) under the I-130.

If he is approved, does he have to go back to his home country?

Should his mom or his grandmother (qualifies for 245-I) apply for him?

How long does this process usually take?

Thank you.

[RICARDO4EVA2 194]

My girlfriend obtained her permanent green card through her mom's nacara application.

Her child didn't obtain it because nacara only qualified her.

I wanted to know if she should apply for him (9 years old, he came to the U.S. when he was 9 months old) under the I-130.

If he is approved, does he have to go back to his home country?

Should his mom or his grandmother (qualifies for 245-I) apply for him?

How long does this process usually take?

Thank you.

The 245-i will NOT benefit anyone in this case. First he is to young and so was in the USA on/before 12/21/2000 so please seal that information and path.

The mother should apply for the son using the I-130. He must travel back to his country to where an interview will be conducted because he is here illegally and so cannot adjust status. The process will take about 2-4 years since he is subjected to the visa bulletin's cut off dates.

Suggestion -

When is the mother able to apply for US Citizenship....? 2, 4 years..? Is she eligible at all..? IF she can apply for US Citizenship in the next 1, 2, or 3 years i would wait until THEN and apply for the child. The child would then be classified as an immediate relative since she would have been a US Citizen. The son's illegal presence would be forgiven and he will not have to go back to his home country. Which still would be faster than following thru the process using the green card status.