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dalecc

I-130 petition for child by LPR

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Filed: Timeline

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.

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Filed: F-2A Visa Country: Jamaica
Timeline

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.


Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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